  The American Veteran's On-Line News Magazine Click here to make VA Watchdog dot Org your homepage VA NEWS FLASH from Larry Scott at VA Watchdog dot Org -- 02-05-2009 |
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The American Veteran's On-Line News Magazine Click here to make VA Watchdog dot Org your homepage VA NEWS FLASH from Larry Scott at VA Watchdog dot Org -- 02-05-2009 |
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VIETNAM'S INLAND WATERWAYS -- Letter asks VA to outline clear instructions to Regional Offices on handling Inland Waterway claims.
It appears the VA is confusing "Blue Water Navy" claims with those from vets who have proved they served in the Inland Waterways in Vietnam. So, Sen. Daniel Akaka (D-HI), Chairman of the Senate Committee on Veterans Affairs, wants VA to clarify the difference to their Regional Offices so proper claims can be processed. For more about the Haas decision mentioned
in the letter below, and what might be causing this confusion, use the VA
Watchdog search engine... click here... Akaka letter here... Letter below: Your comments accepted at bottom of page.
Honorable Patrick W. Dunne Under Secretary for Benefits Veterans Benefits Administration Department of Veterans Affairs 810 Vermont Avenue, N W Washington, DC 20420 Dear Admiral Dune: I have recently heard from veterans who expressed concern that VA regional offices lack clear instructions for identifying claims of Navy veterans who served on vessels which sailed in the inland waters of Vietnam or docked at ports within Vietnam during the Vietnam Era. These veterans are concerned that their claims are being stayed under the Haas decision, rather than being adjudicated as claims of direct service connection as required by Fast Letter 06-26. It seems clear to me that this is an incorrect result and should be rectified.
There is also a concern that VA does not have procedures for advising claimants of the specific information needed to support direct service-connection claims, such as the name of the ship on which they sailed and the specific dates and location of inland waterway service or docking at a Vietnam port which provides a basis for the claim. In addition, veterans have indicated that some VA regional office do not comply with the requirement to obtain deck logs to verify allegations of relevant service when such claims identify the ship and dates of service.
During oversight visits, Committee staff members have noted that some regional offices, such as the Honolulu Regional Office, maintain copies of dock log information by naval vessel, so that if a subsequent veteran alleges similar service the needed information is readily available for verification. The Board of Veterans' Appeals has agreed that because of the geographical configuration of Da Nang Harbor within the territory of Vietnam. That location should be treated as in-country for purposes of exposure to Agent Orange. While such a decision is not precedential, it would be incongruous for only claimants who appeal to the Board to receive such recognition. It would appear that an electronic data base of ship location information could be of significant assistance to all regional office.
Please advise me as to what guidance has been provided to regional offices related to the specific procedures that are to be followed when a Vietnam Era Navy veteran alleges service within the inland of waterways, during ports of call or other presence in Vietnam.
Thank you for your cooperation in ensuring that Navy veterans of the Vietnam Era are provided with appropriate assistance in the development of their claims. Daniel K. Akaka Chairman -------------------------
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