Veteran's Agent Orange Claims

All Veterans should visit www.bluewaternavy.org for information on Agent Orange and the Court of Appeals for Veterans Claims. This site provides information related to dioxin and other toxic exposures by personnel of the Blue Water Navy.

Many of our Navy retirees served in the waters off the shores of Vietnam , thus the term Blue Water Navy. Jonathan L. Haas challenged the Veteran’s Appeals Board for deny him entitlement to service connected disabilities. The Board determined that “although Mr. Haas had served in the waters off the shore of the Republic of Vietnam, such service did not warrant application of the presumption of exposure to herbicides under 38 C.F.R p. 3.307(a)(6)(iii)(2004), which the Board concluded, required a service member to set foot on land in the Republic of Vietnam. Mr. Haas did not set foot on the land in the Republic of Vietnam ”

The Court found, “VA’s argued interpretation of the regulatory term “service in the Republic of Vietnam,” affording the application of the presumption of exposure to herbicides only to Vietnam-era veterans who set foot on land and not to the appellant, is inconsistent with the longstanding agency views, plainly erroneous in light of legislative and regulatory history, and unreasonable, and must be SET ASIDE.”

January 11, 2007

VVA Applauds Court for Overturning Decision By VA Secretary on "Haas-Type Claims" -( Washington , D.C. )

The federal Court of Appeals for Veterans Claims on January 9th overturned a unilateral decision by the VA Secretary that had imposed a stay on so-called “Haas-type claims.” These are claims for disability compensation for conditions presumptive to exposure to Agent Orange filed by service members who served in the offshore waters of Vietnam and earned the Vietnam Service Medal.

The court acted in favor of an appeal by Vietnam veteran Nicholas Ribaudo , whose claim had been placed on hold by the VA Secretary. The court determined that the VA had erred in issuing a unilateral stay on Haas-type claims, ruling that “the head of an executive agency does not have the authority to nullify the legal effect of a judicial decision.” The Secretary did just that by imposing “a stay of indefinite duration without first seeking judicial imprimatur.

“The Secretary will decide Mr. Ribaudo ’s appeal in regular order according to its place upon the docket,” the court stated, “and will apply this court’s decision in Haas.” The court had determined in Haas v. Nicholson in August 2006 that service members who served in the offshore waters of Vietnam and who had earned the Vietnam Service Medal would be eligible for disability compensation for exposure to Agent Orange.

“Vietnam Veterans of America (VVA) applauds the court’s decision to vacate the Secretary’s precipitous administrative order and ordering that these cases be heard forthwith,” said John Rowan , National President of VVA. “This decision reaffirms one of the central tenets of our Constitution, that we are a government of laws, not of men.”

Hawaii

I write this blog in anticipation of my upcoming trip to Hawaii. I will fly there this month to visit my son and his family. I am so excited to get to see Dylan!! This is going to be a wonderful trip!!

As a parent you always want the best for your children. Bobby and Risa have started a family together. And as the torch is passed one experiences a vast number of emotions they are often not prepared for. I have been amazingly surprised at the emotions I have personally felt since Dylan's birth with regard to being a mother and Nonna. It's a beautiful thing!

I have bought Dylan a Valentine. I am taking him a Web Cam. Hopefully the kids will be able to mount it to their lap top and set in the room where they are gathered when events take place or even when he is just playing. Hopefully, with technology advancements of today, I will be able to share in the little milestones of Dylan's life as they unfold.

I wish we lived closer and could share more together. I have spent the last week or so consumed by memoiries of my children when they were young. The traditions we shared together, the first experiences, school, sports, the trips, vacations, the family meals, baking for the holidays, the fun, the not so fun, the worry, the stress and even the tragedies. The milestones in their lives and the experiences you recall as a parent make all the sacrafice worth it. I was very lucky to be their parent.