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Agent Orange Pesumption


rthomass

Question

Let us not forget to keep our eye on the ball>>>>>>>>>>>>>>>>>>

I know there are a lot of blue water Navy Veterans as well as Veterans who served in Thailand, Laos, Cambodia, and Vietnam that have had their agent orange cases denied in the past, The only way you will ever overturn these denials is to read the Haas VS. NIcholson decision as promulgated by the US Court OF Appeals for Veterans Claims. I implore you as a Veteran and a Citizen to write yor Senators and Representative and tell them what we want .... This is a representative democracy....Make Them REPRESENT YOU. Make them change the laws on how your claim is decided... Haas Vs. Nichoson decision presently only rquires you to have a Vietnam Service Medal to presume you were exposed to agent orange. The VA is trying to get this ruling overturned. If the law is changed to that language set forth in the Haas VS. Nicholson decision VA ,will be to put it crudely, Screwed!

OPEN COMMUNIQUE TO ALL LEGISLATORS

TRANSMITED VIA E-MAIL AND FAX 14 NOVEMBER 2006

Subject: Department of Veterans Affairs appeal: Haas Vs. Nicholson

ORIGINALLY SENT TO:

NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attn: Mr. Sparato)

rick_sparato@nvlsp.org

Mr. Spataro in light of the current political climate i.e. Democratic Congress why wait for the United States of Court of Appeals for The Federal Circuit to rule on Haas v. Nicholson ? Would this not be the perfect time to appeal to the U.S. Congress to legislate that Agent Orange was present in all of South East Asia during the Vietnam era (Vietnam, Thailand, Cambodia, and Laos)? . Revised Legislation would presume veterans were exposed to Agent Orange if they had been awarded the Vietnam Service Medal and had contracted any of the eleven diseases presently set forth by the Veterans Administration. Referenced in 38 C.F.R. 3.309(e).

The Decision as set forth in Haas Vs. Nicholson should be a guide to re-write those portions of U.S.C. 38; 38 C.F.R; and M21-1. A Veteran with any of the diseases set forth in the Code of Federal Regulations 3-309(e) “Diseases associated with exposure to certain herbicide agents” should be presumed to have been exposed to the herbicide (agent Orange).

MSGT. Randall D. Thomas Sr., USAF, RETIRED

rthomass@insightbb.com

PO Box 20761

Louisville ky 40250-0761

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