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VA CLARIFIES RULE ON SERVICE CONNECTION FOR NON-

HODGKIN'S LYMPHOMA -- Service connection for NHL is

automatic for all Vietnam vets, including "Blue Water Navy."

Story below:

Your comments accepted at bottom of page.

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

by Larry Scott

It seems that the VA has been turning down claims for non-Hodgkin's lymphoma (NHL) that have been submitted by "Blue Water Navy" veterans.

It appears the confusion lies in the fact that NHL is included in the list of presumptives for "boots on the ground" Vietnam veterans.  That list here... http://www.vba.va.
gov/bln/21/benefits/herbicide/

But, "Blue Water Navy" vets, at this time, do not qualify for those presumptives because their claims are being held up as the VA argues the Haas case in Court.  More on Haas here...
http://www.yourvabenefits.org/sessearc
h.php?q=haas&op=and

Now, we have a clarification on the rules for NHL that allows the claims of "Blue Water Navy" vets to move forward.

Thanks to John Paul Rossie and the good folks at BlueWaterNavy.org for providing this information.  Website is here... http://www.bluewaternavy.org/

From the CFR we find:

Title 38: Pensions, Bonuses, and Veterans' Relief
PART 3—ADJUDICATION
Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation
Ratings and Evaluations; Service Connection

Browse Previous | Browse Next
§ 3.313 Claims based on service in Vietnam.

(a) Service in Vietnam. Service in Vietnam includes service in the waters offshore, or service in other locations if the conditions of service involved duty or visitation in Vietnam.

(b) Service connection based on service in Vietnam. Service in Vietnam during the Vietnam Era together with the development of non-Hodgkin's lymphoma manifested subsequent to such service is sufficient to establish service connection for that disease.

(Authority: 38 U.S.C. 501)

[55 FR 43124, Oct. 26, 1990]

 

And, Rossie supplies this letter of explanation from Adm. Dunne, head of the Veterans' Benefits Administration.  Letter here...

Rossie also gives advice to those who have a valid NHL claim on this page... http://bluewaternavy.org/NHL/lettersonNHL.htm

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posted by Larry Scott
Founder and Editor
VA Watchdog dot Org
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