Blue Water Navy: Haas Overtuned!!!

[broncovet]

This is awesome if it sticks!   From Chris Attig

Quote

 

A few weeks ago, I told you about the case of Procopio v. Wilkie. In that case, the Federal Circuit was considering over-ruling the Haas case which refused the presumption of Agent Orange exposure for Blue Water Navy veterans.

Well....about an hour ago, the Federal Circuit published its opinion.

They over-ruled Haas, and extended the presumption of Agent Orange exposure to Blue Water Navy Vietnam Veterans!

Congratulations to attorney John Wells of the Blue Water Navy Vietnam Veterans organization who shepherded this

There will be more info to follow on this - the opinion has a lot to unpack and analyze.

And, we still have some waiting to day. The government has 90 days (plus a 60 day extension) to seek review at the Supreme Court. (My money says they appeal this one.)

But, in the meantime, read the opinion on the link at this page on our website.

 

 

[Berta]

Wouldn't be great ( and make sense) if the Secretary made some decisions on the potential new AO presumptives?

https://www.militarytimes.com/news/2018/11/19/new-research-could-lead-to-disability-benefits-for-vietnam-veterans-with-high-blood-pressure/

Shulkin, I feel, was going to add some of them- and then he was fired:

http://www.usmedicine.com/agencies/department-of-veterans-affairs/va-makes-decision-on-expansion-of-agent-orange-presumptive-conditions/

If any of you know of any BWV or their survivor who might be affected positively by this news ,please ask them to join us.

I think a recent link said 90,000 vets might be affected by it.I know it was more than that years ago but many of them have died.Nehmer has next of kin survivor provisions.

 

 

 

[broncovet]

Berta, that's true.  We dont know how many Vets that the HAAS overturning will affect.  As you pointed out, there is a potential of 90,000 but:

1.  Some of these have died. 

2. Others simply wont ever apply for benefits for many reasons.  Many "regular" Vets dont apply for similar reasons:

    a.  They dont need the money.  They are working and never consider it.  I felt that way for at least 10 years...and did not consider applying for VA benefits, not because I did not need the money, but because I simply did not know.  

    b.  They need the money, but "dont want to be bothered" applying for VA.  One Vet I spoke with did not apply because he thought other Vets were worse and needed it more. 

    c.  Remember, Vets put their countries best interests above their own.  Many have not changed.  The view "not applying" for VA benefits helps our country.  It probably does, because our government simply may not have the money to pay every deserving Vet..at least not now, with our country 21 trillion in debt, paying interest on that every day.  

    d. They are unaware of benefits, and/or dont know how to apply.  

    For the above reasons, and more, I think only a fraction of the 90,000 Vets will be affected.  Further, some of those 90,000 may have already applied, and are receiving VA benefits some because they were injured in other ways.  

Edited January 31, 2019 by broncovet

[Berta]

We might have at least one or two widows here that might be affected by this news.

But we have had very few BWVets here over the years.One of them had a proposal to reduce ( maybe 18-19 years ago) and he was 100% P & T with college age kids due to AO.  It was certainly a horrifying decision.

After many conversations with him, I realized he did have one boot on Vietnamese soil.

He was very proactive and got the evidence as to the one boot, and the VA dropped the reduction idea.

(actually he had one boot on ground Vietnam -twice-) he had never thought about it but I joggled his memory-

He called into my first radio show at SVR station with Jerrel Cook, about 17 years ago.

Hs story was impressive and he was willing to go the whole 9 yards to prove his claim. It is proof that Nothing is impossible- we just have to be willing to do the work.

Many Blue Waters have gained AO SC by the VA's ship's list- because they proved how their ship was exposed to AO, and I expect many more will join us here when this news becomes National news-if it does. 

I wonder if the 90,000 considered those BWVs who did succeed already via the VA AO ship's list. ???

 

 

 

 

[broncovet]

Good question, Berta.  I think Kizor will affect many, many more Vets than BWN, as Kizor could affect almost all Vets:

https://www.jurist.org/news/2018/12/supreme-court-to-reconsider-precedent-calling-for-judicial-deference-to-federal-agencies/

[Berta]

I realized today that it was in 2006 that I met John Rossie on line and became a BWNVVA member.

That was 13 years ago-----

I am bumping this up because it is very slowly getting around the Internet and in very few news media stories.

And, of course, no press release from VA on it.  And it has a way to go yet------------

but Thank God, there is finally going to be some Equity for BWVs ...or their survivors.

I guess this resolves the Danang Harbor issue-    maybe......?

 

[Berta]

Last night John Rossie, BWN Association President when I joined BWNVVA, in 2006, and I had a wonderful conversation on all this. I am beginning to think there mght be more affected BWVs than we know-

I went over the territorial waters part of the Procopio case- and dug out my past info on that issue.

VA would not consider Danang Harbor under the older regulations. Danang Harbor is a little over 4 miles wide- I am thrilled to realise that Danang Harbor vets whose ships anchored in the harbor will will get equity in the decision. 

"Territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea,[1] is a belt of coastalwaters extending at most 12 nautical miles (22.2 km; 13.8 mi) from the baseline (usually the mean low-water mark) of a coastal state. The territorial sea is regarded as the sovereign territory of the state, although foreign ships (military and civilian) are allowed innocent passage through it, or transit passage for straits; this sovereignty also extends to the airspace over and seabed below. Adjustment of these boundaries is called, in international law, maritime delimitation."

http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/VNM_1982_Statement.pdf

I gave a BWN vet this info yesterday- it might be up to us to pass this on  to any vet possibly affected by this incredible victory...or their survivors.

John and I agree that Nehmer should apply to them.

JR ( John Rossie ) did many radio shows over the years on this issue and I cannot thank him enough, along with ALL ofthe BWV advocates who made this possible.

 

 

 

 

Edited February 6, 2019 by Berta