For those who served in the RVAH Community, their families, and friends!
Court was convened and it was outstanding knowledge being presented by the Blue Water Navy Vietnam Veterans Association. If you aren't a member you need to join today.
Mr. Percopia was represented by an outstanding lady that was completely in control of the knowledge regarding the case.
She presented our case starting with Case Law pertaining to the case, International Territorial Water rights of Nations and delivered the final blow when Veterans Affairs out-right couldn"t--didn't--wouldn"t answer questions truthfully to the 10 law justices and the judges knew it. For the most part it sounded like they were on our side.????Who knows.
The issue was two fold, (1) pertaining to past decisions of major importance of why the V.A. denies our rights given to us
by Congress in 1991 and taken away by the V.A. in 2002.
The V.A. contends you must have "Boots on the Ground"
(Known as "In the Republic of Vietnam")
to become eligible for AGENT ORNAGE Registry as well as Medical coverage
and compensation for the Health Issues caused by Agent Orange.
We mention Registry because the V.A. will input your health data IF you are in the registry, however they DO NOT CONSIDER the Blue Water Navy personnel a Vietnam Veteran so any and all medical issues arising from Agent Orange will not be added to the National Data being used. Simply put you don't count.
International Territorial Waters for almost every Nation recognizes a (12 mile) distance from shore line as belonging to that Nation. Not the V.A. so deny your claim UNLESS you can prove you had "Boot on the Ground"
Squadron RVAH-5 I know had (1) that went ashore due to a airplane malfunction and I know of several from other ships having the same issue with the V.A. approving their claims.
BOTTOM LINE; The hearing we attended last week involved territorial waters and from what we could understand WE should prevail and the V.A. will not be able to fight us.
IF, you have MEDICAL issues regarding Agent Orange the wait may be over in the next 6 months if the court rules in our favor. Your support is needed and IF you have the time NOW call Senator ENZI (Wyoming) & Lee (Utah) and ask them to approve the bill before year end..