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                  VA NEWS FLASH
from Larry Scott at VA Watchdog dot Org -- 05-09-2008 #9
 






 


 
 

 


 



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UPDATE: "BLUE WATER NAVY" DECISION TO BE APPEALED --

National Veterans Legal Services Program intends to appeal this

decision, which adversely affects all Blue Water Vietnam veterans.

 

 

The "Blue Water Navy" decision by the U.S. Court of Appeals for the Federal Circuit will be appealed.  That decision, basically, says that service in Vietnam, to claim presumptives for Agent Orange exposure, is limited to those who were "Boots on the Ground."  This eliminates "Blue Water Navy" personnel.

For more about this decision, read story here...
http://www.vawatchdog.org/08/nf08/nfMAY08/nf050808-8.htm

Below is the latest update from NVLSP.

And here is the NVLSP web page that explains this legal battle...
http://www.nvlsp.org/Information/ArticleLibrary/Age
ntOrange/AO-VABattleBlueWaterVets0407.htm

For more about "Blue Water Navy" veterans and their Court fight, use the VA Watchdog search engine...click here...
http://www.yourvabenefits.org/sessearch.php?q=blue+water&op=ph

 

-------------------------

Summary of the Current Status  (as of May 9, 2008)

 

The VA’s appeal of the Veteran Court’s Haas decision to the U.S. Court of Appeals for the Federal Circuit: the VA filed its initial brief in the Federal Circuit on March 7, 2007.

You can view the VA’s brief, without its addendum (the Veterans Court’s Haas decision and judgment), by clicking here.

NVLSP filed their brief on behalf of Mr. Haas on June 4, 2007.

You can view the brief here.

Article continues below:

 

The VA filed its reply brief on July 20, 2007. 

You can view the brief here

The VA also filed a Joint Appendix, which contains the underlying Veterans Court decision and other documents referenced in the briefs, on July 26, 2007. 

Oral argument was held on November 7, 2007.

You can listen to a recording of the oral argument here.

Type “HAAS v DVA” into the “Caption” field.

On May 8, 2008, the Federal Circuit issued a decision reversing the Veterans Court’s decision that was in favor of Commander Haas. 

You can view a copy of that decision by clicking here

NVLSP intends to appeal this decision, which adversely affects all Blue Water Vietnam Veterans.

-------------------------

posted by Larry Scott
Founder and Editor
VA Watchdog dot Org

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