VA Compensation & Disability Claim Information
*****ATTENTION*****
BE SURE TO READ A VERY IMPORTANT INFORMATION UPDATE ADDED ON 2/17/10 THAT IS AT THE BOTTOM OF THIS PAGE
This page can help you in establishing your presence either on the ground or within inland waters of Vietnam. Establishing one or the other fact is critical when filing a VA disability claim if you are using Agent Orange exposure as the presumptive cause of the disease/diability. Simply click on the large print, underlined wording to take you to that area of the web site. The above Agent Orange link does take you to the VA web site that contains basic information about filing claims based on Agent Orange exposure.
Copies of 2 or 3 items are what you most likely will need to present with your claim. First, of course, is a copy of your form DD-214 Report of Transfer or Discharge. Secondly, if you have a copy of any transfer orders bearing an endorsement stamp of any U. S. military ground facility in Vietnam (such as the USNAVSUPPACT DaNang) verifying either your arrival or departure from that facility, that will establish your presence "on the ground."
In the absence of copies of such orders with endorsements, you can establish you were within inland waters with the following 2 items:
1. A copy of the end of year BUPERS REPORT 1080-14 ENLISTED DISTRIBUTION AND VERIFICATION REPORT that lists you as being on board ship at the end of the year. This report also includes the date you reported for duty and your tour completion date (TCD). As an example, if you are listed on the report as having reported for duty on 06 MAY 1967 on the 31 DECEMBER 1967 report, you will have established your presence for that period of time. This report also includes your service number so it, in conjunction with your DD-214, identifies YOU as the person named on the report.
This section has been set up like the photo gallery section in that scanned copies of the the BUPERS REPORT 1080-14 for 31 DEC 66, 31 DEC, 67, 31 DEC 68 and 30 SEP 69 are visible. You can click on the portion of the report that pertains to you and your service dates to enlarge it. Then, you can print it off on letter size paper.
2. A copy of the ship's deck log reporting movement of the ship within any inland waterways such as the Cua Viet River, Mekong River, or Han River (at DaNang) during the time period you are able to establish you were aboard ship.
There are scanned images of the ship's deck logs that reflect movement of the ship within inland waterways. Those entries indicating such movement are actually outlined in red so they are easily identifiable. These you can also enlarge on the screen and print to letter size paper.
Additionally, to further support your claim with the VA, 2 affidavits attesting to the type of service USS Litchfield County (LST-901) and its crew performed in Vietnam have been posted. One AFFIDAVIT has been written by Charles Bryant reflecting the time he served as Commanding Officer while the other has been written by Ed Zunich to reflect the time he served as Executive Officer and then as Commanding Officer. In total, these 2 affidavits cover the entire time the ship was in service during the Vietnam War.
Click here to go to: BUPERS REPORT 1080-14 (Enlisted Distribution and Verication Report)
Click here to go to: Ship's Deck Logs
Click here to go to: Commanding Officers' Affidavits of Service
Click here to go to: Department of Veterans Affairs Schedule for Rating Disabilities
Service on inland waterways of Vietnam deemed sufficient for Agent Orange presumptive diseases approval.
Copied below are the content of an email exchange I had with the VA Agent Orange on-line help line on June 12, 2009. The email on the left was what I sent. I have highlighted in blue type the important question, and point, of my email. The response I received from the VA is shown on the right. Again, the significant portion of the answer is highlighted in blue. Should you run into anyone requiring proof you were “on the ground,” please cite the May, 2008 decision of the United States Court of Appeals for the Federal Circuit.
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Definition of "in-country" for AO exposure
Friday, June 12, 2009 1:47 PM From: "Don Lerche" coale21@xxxxxx.net To: GW/AOHelpline@vba.va.gov To whom it may concern, I currently have a 90% disability rating due to diseases, and conditions secondary to these diseases, for which Agent Orange is the presumptive cause. When I first filed my claim in December, 2004, it was necessary to prove I was "on the ground" in Vietnam. That was not a problem, even though I served in the brown water Navy aboard an LST. It is my understanding the "on the ground" requirement has been changed (or the interpretation changed) to include within inland waters of Vietnam. Basically, I assume that to mean someone beached at the DaNang LST ramp or traveling up the Mekong River would be assumed to be in Vietnam the same as someone being on the Mississippi River would be assumed to be in the United States. I know several people who have recently filed claims of AO presumptive diseases based on this new interpretation that have had their claims approved. The AMVETS VSO I worked with has told me in the past that the proof of being within inland waters is now adequate. However, I have a former shipmate who is dealing with a VSO that refuses to file his claim unless he can prove "on the ground" status. While many of his shipmates will be sending written testimony to this fact, I would like to confirm the inland waters standard to be adequate. That way, anyone filing claims in the future won't have to depend upon locating former shipmates for proof. My question is this. Can you provide me a directive, a directive number, a section in a code, or any other written reference that specifically states that service in Vietnam includes service aboard ships that were within inland waters/waterways of Vietnam? Please remember, this is a question about the brown water Navy, not the blue water Navy. I understand that to be a totally different issue that is still pending. If there is not a directive or written interpretation of some type, are you able to, at the very least, substantiate my understanding that "on the ground" is no longer the standard; but, within inland waters is sufficient. Your help on this matter is greatly appreciated. Sincerely, Donald J. Lerche I have disguised my VA file VA file #: 123 45 6789 number and cell phone # Cell phone: 123-456-7890 for security reasons. |
Agent Orange response
Friday, June 12, 2009 4:10 PM From: "Knabe, Daniel, VBASTL" <Daniel.Knabe@va.gov To: coale21@xxxxx.net Claims for presumptive service connection based on exposure to Agent Orange, in which the only evidence of such exposure is the receipt of the Vietnam Service Medal or service on a vessel in the waters off the shore of Vietnam, were delayed pending final determination of appellate actions in the case. In its May, 2008 decision, the United States Court of Appeals for the Federal Circuit found that VA reasonably interpreted 38 U.S.C. 1116(a)(1)(A) and 38 C.F.R 3.307(a)(6)(iii) as requiring the physical presence of a veteran within the land borders of Vietnam (including inland waterways) during service, and the receipt of the Vietnam Service Medal alone, does not establish service in Vietnam. The United States Supreme Court, declined to review the case and the decision of the Federal Circuit is now final. To file a claim for the Agent Orange exposure, one must supply the evidence of the inland service. This evidence may consist of orders, awards, or any evidence placing the veteran in the borders of Vietnam. Thank you for contacting us. If you have questions, or need additional help with the information in our reply, please respond to this message or see our other contact information below. D. Hancock Veterans Service Manager 331/217/DK How to Contact VA On line: www.va.gov |
Shipmate Tom Hankins located the following additional information on June 12, 2009.
This information has been copied from the NAUS (National Association for Uniformed Services) web site and can be found on their May 29, 2009 Weekly Update. Following is the text of this portion of the update.
Vietnam Ship Port Calls Clarification
As most Vietnam-era veterans know presumption for Agent Orange related health conditions are based upon the member having actually had “boots on the ground” for at least one day. Those serving aboard ships have been divided into two groups. In the Blue Water groups are those individuals who were considered not to have been in country and among the Brown Water group are those who worked primarily on the rivers and are already considered to qualify.
A question by a veterans organization representative, at a previous quarterly meeting, has led the VA to slightly change the rule. Now if a service member can prove that he was aboard a ship that actually tied up to a pier in Vietnam and that can be proved, the member will be considered as being in country and the presumptive conditions can apply.
If you or someone you know meets these qualifications and has previously been turned down for Agent Orange related conditions, now is the time to re-open your case with the VA.
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CONCERNING PROVING YOU WERE WITHIN THE LAND BOUNDARIES OF VIETNAM WHILE SERVING ABOARD USS LITCHFIELD COUNTY (LST-901)
Compensation & Pension Service Bulletin dated January 2010.
Information on Vietnam Naval Operations
The Department of Veterans Affairs Compensation and Pension (C&P) Service has initiated a program to collect data on Vietnam naval operations for the purpose of providing regional offices with information to assist with development in Haas related disability claims based on herbicide exposure from Navy Veterans. To date, the Department of Veteran’s Affairs (VA) received verification from various sources showing that a number of offshore “blue water” naval vessels conducted operations on the inland “brown water” rivers and delta areas of Vietnam. The VA also has identified certain vessel types that operated primarily or exclusively on the inland waterways. The ships and dates of inland waterway service are listed on the Compensation & Pension Service Bulletin. For your convenience, we also have listed the ships and dates below. If a Veteran’s service aboard one of these ships can be confirmed through military records during the time frames specified, then exposure to herbicide agents can be presumed without further development.
All vessels with the designation LST [Landing Ship, Tank] during their entire tour [WWII ships converted to transport supplies on rivers and serve as barracks for brown water Mobile Riverine Forces]
The 1st paragraph, above, is exactly as it appears in the bulletin. The full list of ships has been omitted in the interest of space. However, the 2nd paragraph above is an exact copy of how it appears in the bulletin relative to service aboard an LST. It is believed, based upon this information, those needing to file claims for diseases/conditions associated with Agent Orange exposure now only need to prove they served aboard the USS Litchfield County (LST-901). That can be done with a copy of your duty assignments if you still have it or a copy of the BUPERS REPORT 1080-14 ENLISTED DISTRIBUTION AND VERIFICATION REPORT.
The link to the January, 2010 VA Compensation and Pension Bulletin no longer works properly. However, the following link to a page on the U.S. Government Department of Veterans Affairs web site provides the same information.
U.S. Government Department of Veterans Affairs information on ships presumed to have come in contact with Agent Orange.
