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VA's Updates July 2019 AO Ships list


Berta

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  • HadIt.com Elder

Yow-they said it would not take too long, just the other day  and they were right- I was googling a BWN veteran's  ship for him, that was apparently not on the older list and it popped right up in the New List!  Good thing I checked it out He has an AO presumptive.

[DOC]

U.S. Navy and Coast Guard ships that operated in Vietnam


 

https://www.benefits.va.gov/compensation/docs/shiplist.docx

 

 

 

 

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  • HadIt.com Elder

Gee-I forgot-I will be gone tomorrow- most of the day- here it is:

https://vetsbenefits.net/va-fast-letter-10-35-hearing-t99876.html#.VfLYlZdLzV8

It is from YUKU VBN and all of the other links here to it seem to be broken.

I am sure the MOS list is there under that link as well.

It would help if we can see the Hearing loss decision. VA makes many errors in Hearing loss claims.

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On 10/16/2019 at 4:26 PM, Berta said:

That form might not be a bad idea----in any event can you scan and attach here the last decision on the prostate cancer, and it's date? Cover your C file # and name,address prior to scanning it.

"Most all decisions on my Prostate Cancer claim were things I submitted in 2010 and the new blue water law was all things denied.

They said The required service in Vietnam is not shown nor is there evidence of exposure to herbicides during military service."

The Blue Water NAvy AO law was signed in June 2019 by the President but we are still waiting for Secretary Wilkie to lift the Moratorium on Blue Water Navy claims. Many Vet orgs have sued him on that.Also we do not have the actual regulations yet on this law, but a lot could happen with the form and the 11B Submissions you should make.

You stated:

 "I do not feel we should have gone that way. It will take too long for a decision. I believe another supplemental claim with new evidence would have been a better way." Maybe but I hope you realise that Everything takes too long with the VA.My AO IHD death claim filed in 2010 took until 2012 to be awarded -that was the fastest  claim I think I ever got awarded , except for some CUEs I filed that took only weeks to change denial into an award- I can look over the scanned decision and see if there is a CUE in it-but there might not be a CUE ( Clear and Unmistakable Error) because we do not have the AO BWN regulations yet. Still it is worth looking over the decision.

On the HBP I have just filed a AO Death and accrued HBP claim- you might want to follow the claim I filed, as an example, as to what would pertain to you as this is an accrued claim, I am a widow, not a veteran: It is here:

https://community.hadit.com/topic/75251-hbp-awarded-due-to-ao/

Sec Wilkie may or may not add HBP to the AO presumptives, but it pays to file the claim anyhow using the evidence I used from the NAP report.

If the VA ever rated your HBP as NSC with a rating percentage, in any past decision that can become quite important if they award your HBP claim due to the exposure you can prove with your deck logs.

 

I would think the CUE in my case and every other Blue Water sailor who submitted a claim before the Circuit Court of Appeals case of Procopoi vs Wilkie was that the VA was interpreting the law wrong as they were only including Veterans with boots on ground or those who  served in the waterways of Republic of Vietnam. The court found that Congress clearly intended that the presumption of exposure applied to those who served in the territorial seas of the Republic of Vietnam. Agent Orange is presumed by the VA to have caused certain diseases in veterans who served in the Republic of Vietnam with Prostate Cancer being one those diseases.

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  • HadIt.com Elder

That is an interesting take on Procopio that I need to find other info on.I believe we discussed here in early 2019 whether this had the same retro affects as a potential success for HR 299, which seemed for years to go no where.(But we won!!!!!!!- I am a member of the BWNVVA)

This is NVLSP's Statement on Procopio dated Feb 2019 and their advice on filing those claims based on Procipio ( which of course was before HR 299 became law-

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

Their link for the case does not work but it is here:

"CONCLUSION Congress has spoken directly to the question of whether those who served in the 12 nautical mile territorial sea of the “Republic of Vietnam” are entitled to § 1116’s presumption if they meet the section’s other requirements. They are. Because “the intent of Congress is clear, that is the end of the matter.” Chevron, 467 U.S. at 842. Mr. Procopio is entitled to a presumption of service connection for his prostate cancer and diabetes mellitus. Accordingly, we reverse. REVERSED AND REMANDED" page 19 0f 50- the full decision:

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1821.Opinion.1-29-2019.pdf

If you feel you should file a CUE based on Procopio, that would depend on, in my opinion, the date of and the aspects of the last denial you got for your disability.

I don't think you would need to file CUE, but to send to the VA what NVLSP advises to send-in their article above ( but I will check their site for more recent Procopio info)

Also there are 269 BVA decisions that popped up after the Procopio decision came out- and it seems many are are remand due to the Court case.

I will read them all, and try to find more info on how vets are using this case to prove their AO claims....it will take me time............my thrill over HR 299 and the time it took a handful of advocates ( many who had no dog in the fight at all,to include of BWNVVA president John Rossie), still makes it the prime decision I have focused on. much more than Procopio----

Actually the VA should call CUE on themselves for any BWN AO vet who falls under Procopio and HR299 and Nehmer.

But unlike their attempts re: the AO IHD,Hairy Cell B, Parkinsons ,to fin affected vets or their survivors ,VA has said they will not attempt to do that this time around.

 

 

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  • HadIt.com Elder

The first decision is a remand based on Procopio but the second one was a winner!

On August 16, 2018, the United States Court of Appeals for the Federal Circuit ordered the appeal of Procopio v. Wilkie, No. 17-1821 (U.S. Fed. Cir.).  The order stated that the questions before the Federal Circuit include the following: “Does the phrase ‘served in the Republic of Vietnam’ in 38 U.S.C. § 1116 unambiguously include service in offshore waters within the legally recognized territorial limits of the Republic of Vietnam, regardless of whether such service included presence on or within the landmass of the Republic of Vietnam?” Consequently, a stay was placed on all the adjudication of all appeals for compensation based on alleged exposure to Herbicide Agents in the Offshore Waterways of the Republic of Vietnam. 

The U.S. Court of Appeals for the Federal Circuit issued an en banc precedential decision in Procopio v. Wilkie (17-1821), which reversed the Court’s holding in Haas v. Peak, 525 F.3d 1168 (Fed. Cir. 2008), and the stay on affected appeals was lifted. In reversing the Court’s holding, the Federal Circuit found that “veterans who served in the 12-nautical mile territorial sea of the Republic of Vietnam meet the criterion of 38 U.S.C. § 1116(f) that they “served in the Republic of Vietnam,” regardless of whether they had duty or visitation on the ground or in the inland waters of Vietnam.”  

WhOn August 16, 2018, the United States Court of Appeals for the Federal Circuit ordered the appeal of Procopio v. Wilkie, No. 17-1821 (U.S. Fed. Cir.).  The order stated that the questions before the Federal Circuit include the following: “Does the phrase ‘served in the Republic of Vietnam’ in 38 U.S.C. § 1116 unambiguously include service in offshore waters within the legally recognized territorial limits of the Republic of Vietnam, regardless of whether such service included presence on or within the landmass of the Republic of Vietnam?” Consequently, a stay was placed on all the adjudication of all appeals for compensation based on alleged exposure to Herbicide Agents in the Offshore Waterways of the Republic of Vietnam. 

The U.S. Court of Appeals for the Federal Circuit issued an en banc precedential decision in Procopio v. Wilkie (17-1821), which reversed the Court’s holding in Haas v. Peak, 525 F.3d 1168 (Fed. Cir. 2008), and the stay on affected appeals was lifted. In reversing the Court’s holding, the Federal Circuit found that “veterans who served in the 12-nautical mile territorial sea of the Republic of Vietnam meet the criterion of 38 U.S.C. § 1116(f) that they “served in the Republic of Vietnam,” regardless of whether they had duty or visitation on the ground or in the inland waters of Vietnam.”  

While the Board acknowledges that the Veteran submitted an October 2018 Rapid Appeals Modernization Program (RAMP) opt-in election form, the appeal had already been activated at the Board and is therefore no longer eligible for the RAMP program.  Accordingly, the Board will undertake appellate review of the case.  
ile the Board acknowledges that the Veteran submitted an October 2018 Rapid Appeals 
Modernization Program (RAMWhether it is as likely as not (a 50 percent probability or greater) that the Veteran's hypertension is caused by the service-connected diabetes mellitus type II and/or coronary artery disease.

If the answer to (a) is negative, whether it is as likely as not (a 50 percent probability or greater) that the Veteran's hypertension is aggravated (permanently worsened beyond natural progression) by the service-connected diabetes mellitus type II and/or coronary artery disease.

If the examiner finds that diabetes mellitus, type II, and/or coronary artery disease aggravates the hypertension, the examiner is asked to state whether there is medical evidence created prior to the aggravation or at any time between the time of aggravation and the current level of disability that shows a baseline for hypertension prior to aggravation. If the examiner is unable to establish a baseline for the hypertension prior to the aggravation, he or she should state such and explain why a baseline cannot be determined.  

Is it at least as likely as not (a 50 percent probability or greater) that the Veteran's hypertension is related to his active service, including his presumed exposure to herbicides in Vietnam.  Consider and discuss NAS’s Update 2018, which reflects that NAS has placed hypertension in the category of “sufficient,” indicating that “there is enough epidemiologic evidence to conclude that there is a positive association” between hypertension and herbicide exposure. See Veterans and Agent Orange: Update 11 (2018) https://www.nap.edu/read/25137/chapter/1 (page 465) (last accessed February 11, 2019). P) opt-in election form, the appeal had already been activated at the Board and is therefore no longer eligible for the RAMP program.  Accordingly, the Board will undertake appellate review of the case.  
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