Blue Water Update-NVLSP

[Berta]

"Advice for Blue Water Vietnam Veterans Regarding Procopio v. Wilkie Decision

On January 29, 2019, the U.S. Court of Appeals for the Federal Circuit issued the groundbreaking decision Procopio v. Wilkie, No. 2017-1821 (Fed. Cir. Jan. 29, 2019)  The Court held that Veterans who served in the 12 nautical mile territorial seas of the Republic of Vietnam during the Vietnam era are entitled to the presumption that they were exposed to Agent Orange. This decision overruled the Court’s previous decision in Haas v. Peake, 525 F.3d 1168 (Fed. Cir. 2008), which held that the Department of Veterans Affairs (VA) could exclude from the presumption of Agent Orange exposure those Veterans who did not set foot on land or serve on the inland waterways of Vietnam. The Federal Circuit’s decision in Procopio opens the door for tens of thousands of Blue Water Vietnam Veterans or their survivors to obtain service-connected VA disability or death benefits for diseases caused by Agent Orange exposure. Diseases that the VA presumes are caused by Agent Orange exposure include ischemic heart disease, type 2 diabetes, Parkinson’s disease, and numerous cancers. A full list of the diseases that the VA presumes are caused by Agent Orange can be found here. Claimants may also be able to obtain service-connected VA disability or death benefits for other diseases with medical evidence linking the disease to Agent Orange exposure.

The Procopio decision is not yet final. The VA has 90 days (until April 29, 2019) to ask the U.S. Supreme Court to overturn the decision. Although the decision is not final, we recommend that VA claimants who may be affected take the following action, which will likely help, and certainly do no harm, in ensuring that the claimant gets the earliest effective date for benefits ultimately warranted by law:

1.       If the VA previously denied service-connected disability or death benefits based on a finding that the Veteran was not exposed to Agent Orange because he or she served only in the waters offshore Vietnam, and that denial has become final, then as soon as possible file to reopen the claim (if filing before 2/19/2019) or file a supplemental claim (if filing on or after 2/19/2019). Note that the U.S. Court of Appeals for the Federal Circuit’s recent decision in Procopio v. Wilkie, No. 2017-1821 (Fed. Cir. Jan. 29, 2019) supports an award of benefits.

2.       If the VA has denied service-connected disability or death benefits based on a finding that the Veteran was not exposed to Agent Orange because he or she served only in the waters offshore Vietnam, but the denial has not yet become final, appeal the denial or continue pursuing the appeal of that denial. Note that the U.S. Court of Appeals for the Federal Circuit’s recent decision in Procopio v. Wilkie, No. 2017-1821 (Fed. Cir. Jan. 29, 2019) supports an award of benefits.

3.       If the claimant has not previously submitted a claim for service-connected disability or death benefits, but may qualify for such benefits based on the Veteran’s exposure to Agent Orange in the waters offshore Vietnam, file a new claim for such benefits as soon as possible. Note that the U.S. Court of Appeals for the Federal Circuit’s recent decision in Procopio v. Wilkie, No. 2017-1821 (Fed. Cir. Jan. 29, 2019) supports an award of benefits.

4.       If the claimant has a pending claim for service-connected disability or death benefits based on exposure to Agent Orange in the waters offshore Vietnam and the VA has not yet issued a decision on that claim, no action is required. However, there is no harm in submitting a Statement in Support of Claim arguing that the U.S. Court of Appeals for the Federal Circuit’s recent decision in Procopio v. Wilkie, No. 2017-1821 (Fed. Cir. Jan. 29, 2019) supports an award of benefits.

Additionally,  NVLSP can assist you in getting the benefits you are eligible to receive.  You can write to NVLSP at bluewater2019@nvlsp.org, call us at our toll-free hotline: 855-333-0677 or complete our survey at https://goo.gl/forms/fxlLszXwvhO83wC12.

NVLSP is still analyzing whether claimants may be entitled to retroactive benefits based on previously denied claims in the event that the Procopio decision becomes final. We will post advice regarding potential retroactive benefits based on previously denied claims at a later date."

https://www.nvlsp.org/news-and-events/news-articles/advice-for-blue-water-vietnam-veterans-about-procopio-v.-wilkie-decision

By this statement:

"NVLSP is still analyzing whether claimants may be entitled to retroactive benefits based on previously denied claims in the event that the Procopio decision becomes final. We will post advice regarding potential retroactive benefits based on previously denied claims at a later date."

....they mean if Nehmer will kick in. This all  has quite a way to go-but hopefully the results wll be GREAT!

NARA has all Navy Deck Logs on line now:

https://www.archives.gov/research/military/logbooks/navy-online

 

Edited February 18, 2019 by Berta

[Berta]

Bumping this up:

I had a hard time finding our Agent Orange Forum!!!!!!

Anyone else have problems with that?