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(Washington, D.C. ) –
“Some of the inequities of the
application of presumptive coverage for exposure to Agent
Orange have finally been set aside,” said John Rowan,
national president of Vietnam Veterans of America. “We need
to spread the word about this decision to all Navy veterans
who served in the waters offshore of Vietnam and received
the Vietnam Service Medal (VSM). This Court decision
will allow for an untold number of veterans and their
families to receive the compensation and health care they
are entitled to, as well as other VA programs,” Rowan said.
On August 16, 2006, the Court
of Appeals for Veterans Claims rendered a decision in the
appeal of Haas v. Nicholson. In their 31-page
decision, the Court determined the Department of Veterans
Affairs (VA) has been unlawfully denying presumptive
disability compensation for exposure to Agent Orange (AO)
for service members who served in the waters offshore of
Vietnam and earned the VSM.
Numerous veterans who served
in Vietnam have been able to qualify for presumptive
disability compensation for exposure to AO.
Unfortunately the application of presumptive coverage has
resulted in many inequities for veterans and their families.
An example of this can be seen in the VA’s denials of
presumptive service connection to service members who served
on boats and ships off the coast of Vietnam. Although
these veterans earned and received the VSM, many have had
their claims denied by VA for presumptive disability due to
AO exposure because they did not step foot on the ground in
Vietnam.
“All veterans who served in
the waters offshore need to speak with a service
representative or service officer as soon as possible to see
if they have a viable claim for compensation,” Rowan said.
These veterans should also participate in the Agent Orange
registry exam. I fully expect the VA will attempt to
rescind and revise their interpretation of the law. If
you have had a claim denied or have never filed, you must do
so before the regulations change again in favor of the VA.”
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