Wednesday, May 1, 2013

VA Blue Water Claims Update 22; from the RAO Bulletin 1 May 2013

During the Vietnam War, more than 20 million gallons of the herbicide Agent Orange was sprayed to remove jungle foliage. A toxic chemical in the herbicide, dioxin, was been linked to devastating health effects, including non-Hodgkins Lymphoma, prostate and other cancers, Type II Diabetes, and Parkinsons disease. In 1991, legislation was enacted that empowered the Secretary of Veterans Affairs to declare certain illnesses presumptive to exposure to Agent Orange and enabled Vietnam veterans to receive disability compensation for these related conditions. However, in 2002, the VA limited the scope of the Act to only those veterans who could provide orders for boots on the ground in Vietnam. Boots on the ground encompassed infantry and the inland waterways and harbors. As a result, veterans who served in the waters off the coast of Vietnam, commonly called blue water veterans, were forced to file individual claims with the VA to restore their benefits, which are then decided on a case-by-case basis. The VA has denied more than 32,880 over the past years. A May 2011 report issued by the Institute of Medicine concluded that plausible routes of exposure to Agent Orange exist for blue water veterans. However, legislation was needed to allow VA to extend Presumptive coverage to these veterans. Presumption would lift the burden from the individual veteran to prove direct exposure to Agent Orange - a nearly impossible task due to a lack of record keeping and the inability to know the precise location of dioxins in the air and groundwater runoff . It would also reduce backlogged VA claims by automatically covering claims for disability compensation from these veterans who are suffering from diseases that the U.S. government has linked to Agent Orange. Rep. Chris Gibson (R-NY) has introduced the Blue Water Navy Vietnam Veterans Act (H.R.543) to extend coverage and associated benefits with Agent Orange exposure to this additional group of Vietnam Veterans. The National Association of Uniformed Service (NAUS) has endorsed this legislation and is encouraging the military community to ask their legislators to also support it.
They have provided an editable preformatted message at for you to use to send to your legislators with the click of a button. [Source: NAUS Weekly Update 26 Apr 2013 ++]


  1. <> Data ( : ) The January 2010 Compensation & Pension Bulletin Policy (211) provides Information on Vietnam Naval Operations; And, The June 2010 Compensation & Pension Bulletin Policy (211) provides ADDITIONAL Information on Vietnam Naval Operations. The Jan. C & P Bulletin Policy (211) takes into account that... The history of the USS Newport News CA-148 operated in the Vinh Binh Province in the Mekong "Delta" (inland waterways) in December 1968; infers that THE CREW of the USS Newport News have the presumption of exposure to herbicides. The June C & P Bulletin...Ships List...lists The USS Newport News for operations of: Cua Viet "River". Yet, The Buffalo Regional Office still denied my claim as late as(note:as late as) December 10, 2013; whereas The Jan. 2010 C & P Bulletin and/or June 2010 C & P Bulletin dhips lists clearly infers/indicates... presumption of exposure to herbicides... without further developrment. <> For over 4 1/2 years, The NYS VSO and The Buffalo Regional Office did not follow the strict guidlines of The Compensation & Pension Bulletins policy (211) ; The Buffalo Regional Office did not follow the strict guide lines of The Nehmer Training Guide Policy (211A) February 2011 / The Nehmer Training Guide February 2011 Revised; And, the Congressional Research Services / Statutory Presumptives (by law clerk Nichols October 2010) . <> My claim has taken a giant leap forward since I redressed my claim to DVA - ATTN: Nehner Working Group (211A) - Washington D.C. <> The science that the anchorage area of Da Nang Harbor is an inland waterway is : that, the anchorage area is within "an estuary" that consists of The Cu De "River" and The Han "River"; well sheltered from the open sea; surrounded by 3 shore lines; well within the geographical boundaries of Vietnam. "The Estuary " defined / reviewed / revealed provides proof of inland waterway operations; that needs to be adjudicated / readjudicated to... The Nehmer Training Guide, ETC. . <> Read (be instructed) by the above information. <> My claim still has many issues, yet to be rated for compensation and/or retro compensation paid. Nonetheless, significant progress has been made. The Nehmer Training Guide (court order)... is that compensation is to be paid within 21 days; Today is September 19, 2014. The information that I found on the internet. ETC. is that of which The Buffalo Regional Office claims... was not... on their intranet. ( internet / intranet). <> Hence, All claims through the Buffalo Regional Office must be adjudicated / readjudicated to Nehmer Training Guide (211A) February 2011 and to The Nehmer Training Guide February 2011 REVISED. <> I request that (let's say) The FBI (etc.) investigates The Buffalo Regional Office, NYS VSO'S, to The Nehmer Working Group : VA compensates class counsel for all of it's work on Nehmer claims. <>

  2. Today is October 17, 2015. The anchorage area within Da Nang Harbor is within "an" estuary that consists of the Han River and the Cu De River(s). The... "scientific"... definition / contents of the estuary includes atmosphere conditions, the two rivers drainage, and runoff from 3 shorelines; well within Vietnam's geographical territory; well sheltered from the open sea. Such more than meets the "NEXUS" requirements laid out by: Congressional Research Services / Statutory Presumption( by law clerk Nichols October 2010); to have one's / ones' claims (Re) adjudicated to The Nehmer Court Order ( indicated Congress' Intents) : The Nehmer Traing Guide February 2011; VA compensates class counsel for al of it's work done on Nehmer claims. The Nehmer Court order provides the address: Department of Veterans Affairs
    Compensation & Pension Service (211A)
    Attn: Nehmer Working Group
    810 Vermont Ave. NW
    Washington D.C.
    Check the Nehmer Training Guide for the complete correct address. Thank you for your time.

  3. The many Justices Decisions are more than required to exceed the "nexus" of Congress' Intents : Congressional Research Services / Statutory Presumptions (by law clerk Nichols October 2010). The anchorage area within Da Nang Harbor is within "an" estuary that consists of the Han River and The Cu De River(s); 3 shorelines, well within the geographical landmass Vietnam Territory, well sheltered from the open sea. The definition / contents / pollution of The Estuary is the product of the Atmosphere, 2 rivers drainage, 3 shorelines runoffs, well within Vietnam's land mass, well sheltered by the open sea. Hence, another "nexus" that exceeds the requirements of Congress' Intent: Congressional Research Services / Statutory Presumptions. <> And, of, (Congress' Intents),The Nehmer Court Order, The DVA should receive severe sanctions foe non-compliance

  4. Congress intents, Congressional Research Services / Statutory Presumptions (by law clerk Nichols Oct. 2010), provides for VA to include compensation for Incubation Periods to establish direct service-connected effective dates. Read it for yourself on page 5 footnotes and title 38 references.