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Blue Water Navy Update |
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Basically, the Supreme Court's denial of
certiorari in Haas means that veterans who
served in the waters offshore Vietnam and did
not set foot in the Republic of Vietnam are not
entitled to the presumption of Agent Orange
exposure under current VA regulations. They
still may be able to prove direct exposure with
testimony, statements and other supporting
evidence, but the VA will not automatically
presume they were exposed merely because they
were in ships offshore.
The VA will likely begin adjudicating all of the
claims that have been on hold as part of the
Haas stay in the near future. One thing that
veterans should keep an eye on - if they alleged
that they set foot on the landmass of the
Republic of Vietnam or had actual exposure on
their ship, make sure the VA addresses the issue
in its decision. If they ignore the allegation
or don't adequately address it, the veteran
should appeal the denial. Even if the veteran
has no corroborating evidence of "boots on the
ground" or actual exposure, the VA still needs
to make a credibility determination about the
veteran's testimony/statements. |
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