April 14th, 2008 - 8:09 pm e

The VA is still trying to outwait us. I was treated for stage4 Prostate cancer at the Houston VAMC in July 2006. Am still suffering daily from the effects of radiation treatments and am receiving Social Security disability, but was denied Veterans benefits, as I am classified non-service related. Now because of the SS disability the VA has classified me non-exempt for prescriptions, I must pay for the medications.

Has anyone considered the effects of sitting atop director51, in the sun, 40-50 feet from the main search radar for weeks on end?

Would like to hear from other FT’s who stood director51 watches, how are y’all doing?

Jim Hayes
jthayes@gt.rr.com

The National Veterans Legal Services Program Website has a good writeup regarding the issues in this important legal decision.

For background, Haas was station aboard a ship in the near waters of Vietnam, but never stepped foot on the land. He was denied disability and appealed. The decision reversed the denial. Read About it on the National Veterans Legal Services Program Website.

The VA appealed this decision before the departure of Nicholson. The Appeals court has been reviewing the case but there is no judgement yet.

The Congressional Report Service has prepared this summary benefits for Veterans exposed to Agent Orange. It is an “executive summary” and if you served in Vietnam in any capacity you should read it, because this is what your Congressman will be reading.

This is good news if you served aboard carriers in Vietnam.  Another decision similar to  HAAS v. NICHOLSON  affirming the claims that sailors who never had “boots on the ground in Vietnam” are entitled to disability.

Read the entire document here or the a brief paste of the Courts order following.

In an appeal before the UNITED STATES COURT OF APPEAL FOR VETERANS CLAIMS, by JACK F. THWAITES, the department of Veterans affairs has been ordered as follows:

ORDERED that the Board’s October 31, 2005, decision is REVERSED to the extent that the Board denied the appellant the application of the presumption of exposure to herbicides. It is further

ORDERED that the Board’s decision denying service connection for diabetes mellitus on a presumptive basis is VACATED and REMANDED for readjudication consistent with this decision. It is further

ORDERED that the Board’s decision denying secondary service connection for a circulatory disorder, glaucoma, hypertension, kidney disease, interventricular bleeding, residuals of a stroke, and a seizure disorder, all claimed as the result of diabetes mellitus, is VACATED and REMANDED for readjudication consistent with this decision.

Here is a link to the Veterans with Diabetes International website. At this website the discuss the connection with service in Vietnam and diabetes.

This is the Statement Christine Cote, Litigation Attorney for the National Veterans Legal Services Program before the Committee on Veterans’ Affairs Affairs on November 6, 2007.

It’s worth reading to understand the system

Go to the Committee’s website and read the statement

— In agentorangediabeticvictims@yahoogroups.com, “mike_moyni”

<michael@…> wrote:
Lawmaker: Be patient over wounded benefits
By Rick Maze - Staff writer
The Democratic point man for veterans’ issues in the House of Representatives is asking wounded service members and their families to be patient while they wait for radical reform of the government’s disability health care and benefits systems.

Rep. Bob Filner, D-Calif., the House Veterans’ Affairs Committee chairman, said he knows Congress seems slow to improve veterans programs, but lawmakers don’t want to do more harm than good by rushing changes without considering the consequences. Read the rest of this entry »