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VA NOT PROCESSING AGENT ORANGE CLAIMS FROM "BLUE WATER

NAVY" VETS -- VA contemplating appeal of Court decision granting

Agent Orange benefits to "Blue Water Navy." Claims put on hold

at Regional Offices. Vets to get letter of explanation.

 

 

VA Watchdog has confirmed from multiple sources that the VA is NOT processing Agent Orange claims from "Blue Water Navy" veterans.

Last month the U.S. Court of Appeals for Veterans' Claims ruled (Haas) that the VA's "boots on the ground" definition of who served in Vietnam "is inconsistent with longstanding agency views, plainly erroneous in light of legislative and regulatory history, and unreasonable, and must be SET ASIDE."

That story here... http://www.vawatchdog.org/old%
20newsflashes%20AUG%2006/newsflash08-18-2006-4.htm

This was good news for "Blue Water Navy" veterans...and indicated claims could also be filed by Air Force members who "flew through" Vietnam and service members who served in nearby countries such as Laos, Cambodia and Thailand.

However, legal analysis from veterans' attorney Hugh Cox told us "...VA can be expected to appeal this case and to lobby Congress to retroactively apply the 'set foot' requirement." 

That story here... http://www.vawatchdog.org/old%
20newsflashes%20AUG%2006/newsflash08-18-2006-11.htm

Hugh Cox's web site is here... http://www.attorneys4veterans.com/

Today, four different sources at the VA have confirmed that Regional Offices are NOT processing the new claims while the Central Office considers appealing the Court's decision.

Basically, the Regional Offices have not been given any legal guidance in order to adjudicate the claims.  Their hands are tied in this matter.

One source says there is a directive instructing Regional Offices to place a moratorium on actions involving the Haas decision.  Blue water vets who claim Agent Orange diseases will get a letter and a copy of the Haas decision.  The letter acknowledges receipt of the claim and tells the vet that VA won't act on it because they are contemplating an appeal.  Then it tells the vet that they'll get back to him at a later date.

That's the info we have at this time...updates as we get more.

"DELAY and DENY" ..... maybe it really is the VA's motto.

 

NOTE FROM VETERANS' ATTORNEY HUGH COX:

Isn’t it interesting that VA is the master of delay and stonewalling when they sense they should not pay veterans?  I don’t think VA leaders give much thought to the final outcome of veterans’ cases so long as the claims are delayed for years and years.  A skilled veteran’s attorney down South calls it the “hamster wheel”.

While it is true that the VA must have some time to implement regulations and procedure, that process should be completed in six months or less.  It is sometimes done in 30 days or less.  Appeal of a case does not mean that the VA has the legal right to postpone or “stay” the outcome of the case under appeal.  Generally, the losing party would have to comply with the law even as the party appealed.

But we are talking about the VA.  Neither the CAVC nor CAFC seems interested in holding the VA responsible since they may view the agency as “doing its best”.  By the time a “challenge” case works its way through CAVC and CAFC to require the VA to comply with Haas, years will have passed.  Writs to force compliance are rarely granted.

If the VA should appeal Haas, the appeal would seem to be for delay reasons.  There is always a chance of overturning Haas, but the odds are remote.  The U.S. Supreme Court rarely grants review for veteran cases.

Bottom line:  The VA delays and the courts tolerate the VA delays.  The public does not seem concerned.

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Hugh Cox's web site here... http://www.attorneys4veterans.com/ 

 

NOTE FROM VETERANS' ADVOCATE JIM STRICKLAND:

The VA has done this before with no complaints from the Court (remember the bilateral tinnitus case just recently).  VA's line of reasoning is that nothing is being denied - vets are just being asked to wait until a matter of grave public policy is settled!  Remember, the VA has no concept of time.  As long as its employees get paid 26 times a year, what is the rush?

If you have a vet who meets the Haas criteria, have him apply.  That sets his effective date for benefits.  In the VA's defense, I found in the past that when they lost stuff like this, they set up special processing teams to get the claims done.

Alas, this is another reason why we need lawyers early on in the game.

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Jim Strickland's archive here... http://www.vawatchdog.org/jim%20strickland.htm

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Larry Scott

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