As we approach the end of 2019 we’ll take a look at the current status of Blue Water Legislation. The Blue Water Navy Vietnam Veterans Act goes into effect on January 1, 2020. This legislation applies to Vietnam Veterans who served on offshore naval vessels in the Vietnam theater and contracted an Agent Orange-related condition.
VA officials are optimistic that the agency will be ready to process these claims when the law goes into effect. Approximately half a million Veterans with denied Agent Orange claims may be eligible for reconsideration. By November, a ship locator tool should be ready. This tool helps determine the location of naval vessels during the period in question. By mid-December, special claims processors at eight designated regional offices should be ready to accept claims.
However, issues remain. There is no expedited or other special procedure. Blue Water claimants must go through the same process as everyone else. That probably means an initial denial and an appeal. The delay may be even longer if the Veteran is not at least 85 or facing a terminal illness. Additionally, some lawmakers are concerned about gaps in the law. Not all naval vessels, such as submarines, are covered.
Blue Water Nuts and Bolts
These Veterans served on naval vessels which were not more than 12 nautical miles from the territorial waters of Vietnam or Cambodia. So, most Veterans who were in the South China Sea or off the coast of Thailand may be eligible. The new law applies to both Veterans and their survivors.
There is a conclusive presumption that Blue Water Veterans were exposed to Agent Orange. There is no need to provide additional evidence on this point. A deployment record should be sufficient.
Both denied Veterans and those who never filed claims may benefit from the new law. The VA will consider reopened cases alongside new claims, subject to the limitations discussed above.
However, deployment alone is not sufficient. Blue Water Veterans must also have a presumptive Agent Orange illness. The Blue Water law may apply to other illnesses as well, but these claims are more difficult to establish.
Agent Orange Illnesses
If you served off the coast of Vietnam or Thailand and you have a presumed Agent Orange illness, you may be entitled to benefits. The current presumed Agent Orange conditions are:
- AL amyloidosis,
- Chloracne or similar acneform disease,
- Chronic B-cell leukemias,
- Non-Hodgkin lymphoma, formerly known as Non-Hodgkin’s lymphoma,
- Parkinson’s disease,
- Early-onset peripheral neuropathy,
- Porphyria cutanea tarda,
- Prostate cancer,
- Diabetes mellitus Type 2,
- Hodgkin lymphoma, formerly known as Hodgkin’s disease,
- Ischemic heart disease,
- Multiple myeloma,
- Lung, bronchus, larynx, trachea or other respiratory cancers, and
- Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma or mesothelioma).
The most common non-presumption Agent Orange conditions are AL amyloidosis and chloracne. AL amyloidosis is a protein buildup which affects the kidney, heart, and/or liver. Chloracne is a chemical burn.
VA disability benefits start at $3106.04/mo. and can be more with dependents and Special Monthly Compensation, and free VA medical care. Generally, these benefits are retroactive to the date of claim filing. Typically, that means the date of the original claim.
Contact Assertive Attorneys
Hundreds of thousands of Blue Water Veterans are now eligible for the benefits they deserve. For a free consultation with an experienced Veterans disability lawyer, contact Cameron Firm, PC at 800-861-7262 or fill out the contact box to your right. Because we are here to represent Veterans nationwide.
This article is for educational and marketing purposes only. Therefore, it does not create an attorney-client relationship.
