Blue Water Navy VA curveball

[GBArmy]

The Supreme Court of the United States just issued a 30-day extension to Department of Justice (DOJ) officials who are contemplating an appeal of a lower court ruling (Procopia v Wilkie).  In January, the U.S. Court of Appeals for the Federal Circuit in Washington D.C. in 9-2 decision, extended presumptive VA disability benefits to the so-called Blue Water Navy veterans who served off the coast of Vietnam and who were exposed to toxic chemical defoliants during the Vietnam conflict. Now this little slight of hand is AFTER the VA Secretary said he didn't want to recommend any more delays. Am I getting totally negative, but we thought that the Vietnam Navy guys were going to get their coverage finally, and they did is. How come it really isn't in the news?

[broncovet]

If the VA needed to give us MORE good reasons not to trust them, well they accomplished just that.  We can add this to the list of great reasons NOT to trust VA.  

 

[vetquest]

Because it is only news when veterans are dying or money needs to be spent on them.  In the first case it looks bad that vets are dying and it makes news to embarrass the VA.  In the second case it makes news because vets are using up monies needed to provide medical care and benefits to people who have never given a darn about this country.

[GBArmy]

Are you saying  "To care for him who shall have borne the battle, and for his widow, and his orphan", the mission statement of our very own VA, is just words that don't mean anything to them?

[Berta]

Can you give us a link to that info?

 

This is the latest news I have from NVLSP:

https://www.nvlsp.org/news-and-events/press-releases/on-vietnam-war-veterans-day-nvlsp-applauds-va-secretary-wilkies-recommendat

In part:

News Room

NVLSP Applauds VA Secretary Wilkie’s Recommendation to Not Appeal Procopio Decision

Released 3/29/19 | Tags: Agent Orange, Veteran's Benefits

On Vietnam War Veterans Day, NVLSP Applauds VA Secretary Wilkie’s Recommendation to Not Appeal Procopio v. Wilkie Decision
-Decision Requires VA to Presume All Who Served in Territorial Waters Offshore Vietnam Had  Agent Orange Exposure  -

FOR IMMEDIATE RELEASE- MARCH 29, 2019

WASHINGTON – As the country commemorates Vietnam War Veterans and the 50th anniversary of the Vietnam War, The National Veterans Legal Services Program (NVLSP) applauded the announcement by Secretary of Veterans Affairs (VA) Robert Wilkie to recommend not to appeal the decision by the U.S. Court of Appeals for the Federal Circuit in Procopio v. Wilkie. That decision extends the presumption of Agent Orange exposure to all veterans who served in the territorial waters offshore the Republic of Vietnam. This announcement was made on March 26 in a hearing before the Senate Veterans Affairs Committee. Secretary Wilkie cautioned that other federal officials may not accept his recommendation, but his determination not to appeal will surely have an impact.

“This is a positive step for Blue Water Navy Vietnam Veterans,” said NVLSP Executive Director Bart Stichman. “We greatly appreciate Secretary Wilkie’s support in finally recognizing the validity of Blue Water Vietnam Veterans’ claims.  We hope that other federal officials will heed his recommendation and grant long overdue disability benefits to Blue Water Vietnam Veterans who nobly served our country.”

 

[Berta]

The Secretary had 90 days to petition the court and that time frame will be up on April 29th, tomorrow.

Maybe the VA gatekeepers got him to file a petition for extension?

There are more things going on regarding BWN in Congress and at the Court- re: Haisley lawsuit.

 

[GBArmy]

Hi Berta:

The new article is from Fleet Reserve Assn. - News Bytes dated 4-26-19. It was forwarded as an excerpt from a friend; I can't sent the link as it is in a private email with many email addresses on it. Here is the whole article:

DOJ Decision on AOBWN Case Delayed 30 Days
The Supreme Court of the United States issued a 30-day extension to Department of Justice (DOJ) officials who are contemplating an appeal of a lower court ruling (Procopia v Wilkie).  In January, the U.S. Court of Appeals for the Federal Circuit in Washington D.C. in 9-2 decision, extended presumptive VA disability benefits to the so-called Blue Water Navy veterans who served off the coast of Vietnam and who were exposed to toxic chemical defoliants during the Vietnam conflict.

Mr. Procopio is a Blue Water Navy Veteran who never stepped foot on land in Vietnam but was exposed to Agent Orange during his military service off the coast of the Republic of Vietnam. Due to this exposure, he developed medical conditions consistent with other veterans who had served on land, and were exposed to Agent Orange. He argued that he should be entitled to a presumptive category and thereby eligible for disability benefits. The FRA is listed as a "Friend of the Court" by the petitioner Blue Water Navy Veteran, Mr. Procopio. 

Some court observers were surprised by the DOJ request since earlier VA Secretary Robert Wilkie had recommended that DOJ not appeal the decision. In lieu of Wilkie's recommendation, the Board of Veterans' Appeals removed a stay that prevented any decisions on Blue Water Navy appeals, a hold that had been in place since October. Many details remain undetermined, including the precise definition of Vietnam's nautical boundaries and the diseases that will be considered connected to herbicide exposure. The VA has indicated that a decision regarding the addition of bladder cancer, hypertension and other ailments would come in June, 2019.

Members are urged to use the Action Center to ask President Trump to direct the DOJ not to appeal the Procopia decision, thereby requiring the VA to provide this presumption to Blue Water Navy Viet nam veterans as they did before in 2002.