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                      VA NEWS FLASH
from Larry Scott at VA Watchdog dot Org -- 01-21-2009
 



 


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"BLUE WATER NAVY" VETERANS RUN OUT OF COURT

APPEALS -- U.S. Supreme Court refuses to review Haas

decision. Vets can expect denial of claims from VA.

 

 

The Haas (or "Blue Water Navy") case is dead.

"Blue Water Navy" vets have not been given "presumptive" status for exposure to Agent Orange and have been fighting in Court.

For more about the Haas case, use the VA Watchdog search engine... click here...
http://www.yourvabenefits.org/s
essearch.php?q=haas&op=and

Now, as explained in the comment below from an attorney who practices veterans' law, "Blue Water Navy" vets will have to prove exposure.

Rep. Bob Filner (D-CA), Chairman of the House Committee on Veterans' Affairs, introduced legislation last year to change this.  The legislation didn't move... and, it was poorly-written because it did not included vets in "nearby countries" (Laos, Cambodia, Thailand).

Filner says he will introduce the Agent Orange Equity Act of 2009 that will include "nearby countries" and "Blue Water Navy" vets.  And, he's indicated that it will also include vets exposed to AO anywhere and at any time.

We'll see about that.  And, even if he does (as noted in the comment below), the legislation may fall in the face of economic difficulties.

While the Haas case was being appealed, the VA had put claims of "Blue Water Navy" vets on hold.  Expect the hold to be lifted.  The VA should start sending out denial letters to vets whose claims were on the hold.

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COMMENT:

 

Basically, those who didn't have boots on the ground are going to have to prove exposure to AO without the benefit of the presumption of exposure which those who were physically In Country get.

The Supreme Court predictably was uninterested in the writ. So the Court appeals are dead.

Only Congress can fix this mess.

Filner, was working on legislation to get a presumption for all those who were off the coast and in the air.

Because of the tight money situation I don't think this will go anywhere.

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posted by Larry Scott
Founder and Editor
VA Watchdog dot Org

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