"Important News: A major change in law occurred in 2019 that should enable thousands of veterans who served on ships in the waters offshore Vietnam to obtain VA disability benefits for diseases associated with exposure to Agent Orange. The change in law should also enable survivors of these veterans to obtain VA death compensation for deaths due to diseases associated with Agent Orange exposure.
Frequently Asked Questions (FAQs):This document provides answers to the most frequently asked questions we are getting from Blue Water Vietnam Veterans (as those who served in the waters offshore Vietnam are commonly called) and their survivors about the recent change in law.
1) What is this change in law and how did it come about?
Earlier this year in a case called Procopio v. Wilkie, the U.S. Court of Appeals for the Federal Circuit concluded that the Agent Orange Act of 1991 requires VA to presume that those who served in the territorial waters offshore Vietnam were exposed to Agent Orange. The Court ruled that this presumption applies to all veterans who served within 12 nautical miles of Vietnam during the Vietnam War.
Congress then enacted the Blue Water Navy Vietnam Veterans Act of 2019 and incorporated the Procopio decision. The Act states that a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period of beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed to Agent Orange. The term offshore is defined as no more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia.
2) What does this change in law mean for Blue Water Vietnam Veterans?
It means that a veteran covered byProcopioand the Blue Water Navy Vietnam Veterans Act of 2019 should become entitled to service-connected disability benefits if the veteran (1) files a claim for disability benefits with the VA and (2) suffers from one of the diseases that VA recognizes as associated with Agent Orange exposure.
3) What does this change in law mean for survivors of deceased Blue Water Vietnam Veterans?
It means that a qualifying survivor, such as a surviving spouse, of a veteran who (1) is covered byProcopioand the Blue Water Navy Vietnam Veterans Act of 2019 and (2) died from a disease that VA recognizes as associated with Agent Orange exposure, should become entitled to service-connected death compensation (known as DIC) if the survivor files a DIC claim.
4) What diseases are now recognized by the VA as associated with Agent Orange?
If you are an incountry Vietnam Vet, or Blue Water Navy vet (incountry determined by deck log criteria in HR 299)trying to service connect a type of cancer not within this list, you will need a strong IME from an oncologist who might be able to determine if your type of cancer falls closely into the parameters of some other types of cancer are on the presumptive list and then a strong statement that there is no other etiology but for your AO exposure to have caused this type of cancer.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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Berta
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NVLSP’s FAQs for Blue Water Vietnam Veterans
Released 7/25/19 | Tags: Agent Orange, Class Actions, Congressional Legislation, Veteran's Benefits
"Important News: A major change in law occurred in 2019 that should enable thousands of veterans who served on ships in the waters offshore Vietnam to obtain VA disability benefits for diseases associated with exposure to Agent Orange. The change in law should also enable survivors of these veterans to obtain VA death compensation for deaths due to diseases associated with Agent Orange exposure.
Frequently Asked Questions (FAQs): This document provides answers to the most frequently asked questions we are getting from Blue Water Vietnam Veterans (as those who served in the waters offshore Vietnam are commonly called) and their survivors about the recent change in law.
1) What is this change in law and how did it come about?
Earlier this year in a case called Procopio v. Wilkie, the U.S. Court of Appeals for the Federal Circuit concluded that the Agent Orange Act of 1991 requires VA to presume that those who served in the territorial waters offshore Vietnam were exposed to Agent Orange. The Court ruled that this presumption applies to all veterans who served within 12 nautical miles of Vietnam during the Vietnam War.
Congress then enacted the Blue Water Navy Vietnam Veterans Act of 2019 and incorporated the Procopio decision. The Act states that a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period of beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed to Agent Orange. The term offshore is defined as no more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia.
The full Procopio decision can be read here: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1821.Opinion.1-29-2019.pdf
The entire Blue Water Navy Vietnam Veterans Act of 2019 can be read here: https://www.congress.gov/bill/116th-congress/house-bill/299/text
2) What does this change in law mean for Blue Water Vietnam Veterans?
It means that a veteran covered by Procopio and the Blue Water Navy Vietnam Veterans Act of 2019 should become entitled to service-connected disability benefits if the veteran (1) files a claim for disability benefits with the VA and (2) suffers from one of the diseases that VA recognizes as associated with Agent Orange exposure.
3) What does this change in law mean for survivors of deceased Blue Water Vietnam Veterans?
It means that a qualifying survivor, such as a surviving spouse, of a veteran who (1) is covered by Procopio and the Blue Water Navy Vietnam Veterans Act of 2019 and (2) died from a disease that VA recognizes as associated with Agent Orange exposure, should become entitled to service-connected death compensation (known as DIC) if the survivor files a DIC claim.
4) What diseases are now recognized by the VA as associated with Agent Orange?
A full list of diseases recognized by VA as associated with Agent Orange can be found here: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/related-diseases/.
These diseases include:
• Cancer of the larynx
• Lung cancer
• Prostate cancer
• Cancer of the trachea
• Hodgkin’s disease
• Multiple myeloma
• Non-Hodgkin’s lymphoma
• Chronic lymphocytic leukemia
• Hairy cell leukemia
• Ischemic heart disease (including, but not limited to: acute, subacute and old myocardial infarction; atherosclerotic cardiovascular disease, including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable, and Prinzmetal’s angina)
• Type 2 diabetes (also known as adult-onset diabetes, non-insulin dependent diabetes mellitus, and type II diabetes mellitus)
• AL amyloidosis (also known as primary amyloidosis)
• Parkinson’s disease
• Soft tissue sarcomas
• Acute lymphoblastic leukemia, mature B-cell type
• B-cell prolymphocytic leukemia
• Precursor B lymphoblastic leukemia
• Diffuse large B-cell lymphoma
• Follicular lymphoma
• Mucosa-associated lymphatic tissue lymphoma (MALT)
• Small cell lymphocytic lymphoma
• Mantle cell lymphoma (MCL)
• Burkitt lymphoma
• Mediastinal large B-cell lymphoma
• Waldenström macroglobulinemia
• Nodal marginal zone B-cell lymphoma
• Splenic marginal zone lymphoma
• Extranodal marginal zone B-cell lymphoma
• Intravascular large B-cell lymphoma
• Primary effusion lymphoma
• Lymphomatoid granulomatosis
• Early-onset peripheral neuropathy
• Chloracne
• Porphyria cutanea tarda"
https://www.nvlsp.org/news-and-events/news-articles/nvlsps-faqs-for-blue-water-vietnam-veterans
If you are an incountry Vietnam Vet, or Blue Water Navy vet (incountry determined by deck log criteria in HR 299)trying to service connect a type of cancer not within this list, you will need a strong IME from an oncologist who might be able to determine if your type of cancer falls closely into the parameters of some other types of cancer are on the presumptive list and then a strong statement that there is no other etiology but for your AO exposure to have caused this type of cancer.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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