VA Loses; Court Rules in Favor of Extending Benefits to Blue Water Navy Veterans

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VA Loses; Court Rules in Favor of Extending Benefits to Blue Water Navy Veterans

VIETNAM VETERANS OF AMERICA

IMMEDIATE RELEASE

January 30, 2019

No. 19-2
Mokie Porter
301-996-0901

VA Loses; Court Rules in Favor of Extending Benefits to Blue Water Navy Veterans

(Washington, DC)--- "Vietnam Veterans of America applauds the U.S. Court of Appeals for overturning Hass VS Peake and finding Blue Water Navy Vietnam veterans to be eligible for the same benefits as 'boots on the ground' and 'brown water Navy veterans,' " said John Rowan, VVA National President.

"VVA calls on President Donald Trump and VA Secretary Robert Wilke to accept the court's decision, refrain from an appeal, and move forward without delay, allowing the VA to care for these Vietnam veterans who had been wrongfully excluded by the arbitrary administrative position made so many years ago."

"It's been 16 years of hardship for these veterans who served our country honorably. Many are sick and many have died of what should have been service-connected conditions. Those who remain will now be eligible to receive treatment and benefits from the Department of Veterans Affairs," said Rowan.

On January 29, in a 9-2 decision, the court ruled in favor of the veteran in Alfred Procopio, Jr., v. Robert Wilkie, finding the intent of Congress in the Agent Orange Act of 1991 was to extend benefits to all veterans who had been awarded the Vietnam Service Medal, including all military, naval services, and air forces who served in the Vietnam theater of operations, thereby earning the Vietnam Service Medal.

In an abrupt about face, in February 2002, the VA changed its rules, arbitrarily terminating benefits to the Blue Water U.S. Navy, Coast Guard, and FMF Marine veterans serving in the waters of Southeast Asia, thereby limiting the scope of the Agent Orange Act of 1991 to those veterans who could provide proof of "boots on the ground" in Vietnam. Suddenly, offshore veterans stopped receiving VA health- care and disability compensation.

VVA urges all Blue Water Navy veterans who have not already submitted a claim to the VA to do so immediately.


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Mokie Pratt Porter
Director of Communications
Vietnam Veterans of America
8719 Colesville Road, Suite 100
Silver Spring, Maryland 20912
301-585-4000 x146