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UPDATE ON "BLUE WATER NAVY" AGENT ORANGE CLAIMS --

VA still not processing claims and has asked Department of

Justice to appeal Court decision. The VA is determined to

deny "Blue Water Navy" Agent Orange claims.

 

 

It was a victory for "Blue Water Navy" veterans.

The U.S. Court of Appeals for Veterans' Claims slapped-down the VA's "boots on the ground" definition of who served in Vietnam...thus opening up the area of Agent Orange claims to "Blue Water Navy," "Fly-Through Air Force" and troops serving in nearby countries.  That story here...
http://www.vawatchdog.org/old%20newsflashes%20AUG%2006/newsflash08-18-2006-4.htm

Then we learned that the VA was not processing the claims.  That story here...
http://www.vawatchdog.org/old%20newsflashes%20SEP%2006/newsflash09-15-2006-1.htm

Now we have word that the VA is going to appeal the Court's decision. 

There goes the "benefit of the doubt" policy when it comes to filing claims.

NOTE:  All veterans who fall into this category SHOULD go ahead and file their claims.  This way they will be on file.  And, should this all shake out in favor of veterans, the claim will be dated from the day it was received by the VA.  Do NOT wait on this!

Below is the latest on this situation.

This information came to me by email.

Email below: 

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The Secretary of Veterans Affairs has implemented a stay on the adjudication of Haas-like claims.

However, a recent decision of the Court of Appeals for Veterans Claims makes it clear that the VA has not followed the proper procedure for taking such action.

So, on September 28, we filed a Writ of Mandamus with the Court, requesting that the Court order the VA to rescind its illegal stay of proceedings on Haas-like claims.

Yesterday, the judge ordered the VA to file an answer to our Writ by October 26.

Additionally, the VA has asked the Department of Justice to appeal the Haas decision, but the DOJ has yet to do so.

They have until November 7 to appeal.

I hope this information is helpful.



Sincerely,

Richard V. Spataro
Staff Attorney
National Veterans Legal Services Program
1600 K Street, NW, Suite 500
Washington, DC 20006-2833

Tel: (202) 265-8305, ext. 149
Fax: (202) 328-0063
Email: rick_spataro@nvlsp.org

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

Larry Scott

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