HUGE WIN FOR BLUE WATER VETERANS

Tuesday, January 29, 2019 - 13:45

PRESUMPTION OF AGENT ORANGE EXPOSURE EXTENDED TO VETERANS WHO SERVED ON SHIPS WITHIN THE TERRITORIAL SEAS OF THE REPUBLIC OF VIETNAM.  CHRISTINE K. CLEMENS, ESQ., OF OUR OFFICE, SUBMITTED  AMICUS BRIEF IN SUPPORT OF VETERAN.  Pursuant to 38 USC sec. 1116, Veteran's who served in the Republic of Vietnam between 1962 and 1975, and suffered one or more of a list of illnesses, are granted the presumption by the Government that they were exposed to the herbicide, Agent Orange, in service, which caused their illness.  Up until today, to qualify for the presumption, a veteran would have to prove that he had "boots on the ground" in Vietnam.  Today, in a landmark decision, the U.S. Court of Appeals for the Federal Circuit, held that the presumption extends to the Territorial Seas of the Republic of Vietnam.  Therefore, those who served on naval ships within the territorial seas of the Republic of Vietnam during the requisite time period, are now entitled to the benefit of the presumption.  It is a huge win for Blue Water Veterans.  The case entitled Procopio v. Wilkie, can be accessed here:  http://law.justia.com/cases/federal/appellate-courts/cafc/17-1821/17-1821-2019-01-29.html

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