Veteran's benefit claim tied to proof of service in Vietnam
Mike
Veteran's benefit claim tied to proof of service in Vietnam
By Sgt. Shaft
THE WASHINGTON TIMES
Published March 19, 2007
Dear Sgt Shaft:
Is there an appeal going on by the Veterans Administration on the
Haas v. Nicholson court ruling? If so, what's the latest?
My first claim for service-connected disability compensation based
on my Vietnam service-acquired diabetes was denied. It was reopened
and, currently, the VA is awaiting guidance from the Department of the
Veterans Affairs general counsel before it can take action on my
claim. The VA is staying on my claim in spite of my claims that my
"boots were on the ground" several times during the course of my eight
years (on and off) in Vietnam, including receipt of Meritorious Unit
commendation as a crew of a ship that operated in the coastal and
offshore waters of the Republic of Vietnam for almost nine months.
My question now is: How can I prove to the VA that I set foot in
Vietnam?
What kind of pictures are they looking for? I have one that was
taken inside a hotel and the guy who took it wrote on the back of the
picture in 1967 that it was taken at the Nha Thrang hotel in Vietnam.
Will this suffice?
Thank you for your time.
Respectfully,
Nick
More than a Blue Water Vet
Dear Nick:
The apparatchiks at the VA tell me that all of these claims have
been stayed while Justice pursues an appeal at the U.S. Court of
Appeals for the Federal Circuit. The opinion on the evidence part of
the question, however, is that if the veteran can demonstrate that he
"stepped foot" in Vietnam, even for one day, then he has established
service that meets the criteria for consideration of presumptive
service connection under Title 38 CFR 3.307(a)(6) for conditions
outlined under Title 38 CFR 3.309(e).
Service in Vietnam under the provision of Title 38 CFR 3.307(a)(6)
includes "service in the waters offshore and service in other
locations if the conditions of service involved duty or visitation in
the Republic of Vietnam."
Without actually reviewing the body of evidence in your particular
case, I would not want to provide a definitive answer regarding the
probative value of the evidence you cited. That is the responsibility
of a VA employee tasked with evaluating a veteran's claim. However,
given the facts and evidence as presented, verification of qualifying
service should be pursued and not stay the adjudication of this
particular claim.
Shaft notes
The Sarge is looking forward to joining press club members, guests
and the public at a National Press Club luncheon featuring good friend
and fellow combat Marine veteran Virginia Sen. James H. Webb Jr.,
whose upset victory over George Allen helped the Democrats take
control of the Senate.
He will speak on the war in Iraq and what he calls the growing
economic divide in America. Mr. Webb, a decorated Vietnam veteran,
delivered the highly praised Democratic response to President Bush's
State of the Union address. Mr. Webb, the author of several widely
acclaimed books, has been an outspoken critic of the war in Iraq since
before the invasion. The event will be Thursday.
· An attaboy to Health Net Federal Services (HFNS) for its support
of the Paralyzed Veterans of America's first Vocational Employment
Counseling Center for veterans with spinal-cord injuries, which will
open this year in its Richmond office.
This center, the first of its kind, is the result of a private-
public partnership between PVA and Health Net Federal Services. HNFS
has committed $200,000 over two years to fund the center's operational
budget and hire a rehabilitation vocational specialist, a counselor
who specializes in rehabilitative counseling and support for veterans
with spinal-cord injuries.
Beyond standard interest surveys and aptitude testing, veterans
will examine the affect on their financial benefits, whether they can
continue their previous careers with additional resources or whether
they are starting over.
Employers are gainfully rewarded as well, because they're getting
someone who's been paralyzed and is back out there dealing with the
world mentally, emotionally and psychologically.
With program growth and success, PVA will look at expanding this
specialized program to support additional veterans with spinal-cord
injuries in other locations. For more information, please call PVA at
800/424-8200.
· Send letters to Sgt. Shaft, c/o John Fales, PO Box 65900,
Washington, D.C. 20035-5900; fax 301/622-3330; call 202/257-5446; or e-
mail sgts...@bavf.org.