.Today the ruling for the Procopio Case was handed down and it is a BIG WIN for Blue Water Navy Vietnam Veterans. Go to Court Documents to read the ruling.

​The ‘blue water’ Navy veterans of the Vietnam War battle Agent Orange By Ann E. Marimow December 28, 2018
Alfred Procopio Jr. left the Navy in 1967, decorated with medals for his service on the USS Intrepid, an aircraft carrier deployed off the coast of Vietnam. He also came home with health problems the U.S. government has linked to exposure to the toxic herbicide Agent Orange. Procopio is one of an estimated 52,000 veterans nationwide who were stationed on ships during the Vietnam War but are not eligible for the same disability benefits as those who put boots on the ground or patrolled the country’s inland rivers. His case, argued in December at a federal appeals court in Washington, could extend coverage for ailments associated with the infamous herbicide to a group of sailors known as the “blue water” Navy veterans. Parallel efforts in Congress to broaden benefits have stalled in recent years. This spring, the House unanimously approved a measure, but the Senate balked in December because of concerns about cost and demands for more scientific study. “We do not have another year to wait. Some of our veterans will not last that long,” Sen. Kirsten Gillibrand (DN.Y.) said on the Senate floor. “It doesn’t make any sense.” The legislative and legal questions are intertwined: Did Congress intend to give these sailors the benefit of the doubt when it comes to showing their medical conditions are connected to toxic exposure? At stake for Procopio, 73, and a leader of the veterans’ group, Mike Yates, is as much as $3,000 a month. During the war, U.S. naval forces patrolled Vietnam’s 1,200-mile-long coastline, supplied Marines on land and provided long-range artillery support. Those stationed offshore like Procopio and Yates were referred to as the “blue water” Navy in contrast to the “brown water” sailors who operated on inland waterways. Between 1962 and 1971, the U.S. military sprayed more than 74 million liters of herbicides, including Agent Orange, to destroy crops and reduce cover for enemy forces. Two decades later, amid scientific uncertainty, Congress passed a law to ensure veterans who “served in the Republic of Vietnam” could obtain disability compensation for certain health problems connected to exposure. 1/5/2019 The ‘blue water’ Navy veterans of the Vietnam War battle Agent Orange - The Washington Post https://www.washingtonpost.com/local/legal-issues/the-blue-water-navy-veterans-of-the-vietnam-war-battle-agent-orange/2018/12/28/d9f8a9ea-ff09-11… 2/4 Two critical developments led to the current debate. First, Congress broadened the pool of eligible veterans. Then the Department of Veterans Affairs narrowed its interpretation of who qualifies as having “served in the Republic of Vietnam” — a definition it said excludes the offshore sailors. Advocates for the blue water sailors point to studies that show exposure occurred through contaminated water funneled into ship distillation systems and used for drinking, laundry and cleaning. Much of the spraying was on low-lying swamps of the Mekong River Delta that flows into the South China Sea, where they were stationed. Former veterans affairs secretary David Shulkin, who was fired by Pres 1/5/2019 The ‘blue water’ Navy veterans of the Vietnam War battle Agent Orange - The Washington Post https://www.washingtonpost.com/local/legal-issues/the-blue-water-navy-veterans-of-the-vietnam-war-battle-agent-orange/2018/12/28/d9f8a9ea-ff09-11… 3/4 “Congress made clear that any veteran who developed a disease linked to Agent Orange exposure and had ‘served in the Republic of Vietnam’ within a specified time frame would be entitled to a presumption of exposure and service connection,” attorney Melanie L. Bostwick told the court. Government lawyers say the statute is unclear and the “passage of time has not further illuminated Congress’s intent.” “Congress did not define ‘served in the Republic of Vietnam,’ much less define it to include service in offshore waters,” according to the government’s filing. But, the government says, Congress did give VA, not the courts, the power to determine the breadth of benefits for veterans. Yates, the head of the Blue Water Navy Association, spent two years hunting submarines and protecting aircraft carriers on the USS Bainbridge. He retired in 2012 after a career as an engineer but has gone back to work in Las Vegas at 68 because of the high cost of treatments for prostate cancer and hypertension, both of which are considered herbicide-linked conditions. “Their job is to take care of the veterans,” said attorney John B. Wells, a retired Navy commander who has represented Procopio in his challenge to VA. “We did our job, they should do theirs,” Yates said. Read more: His F-16 lost its engine, then caught fire over Washington before crashing. And he lived to tell about it. A WWI memorial is under legal attack from atheists. But who are the men remembered there? Ann E. Marimow Ann Marimow covers legal affairs for The Washington Post. She joined The Post in 2005 and has covered state government and politics in California, New Hampshire and Maryland. Follow  

YEAR END REVIEW

    WOW, this year has had its ups and downs for Blue Water Navy Vietnam Veterans Association. We started this year going in a different direction than the way we were going the year before, in the middle of the year we changed direction again and at years end we finish better than ever.
    I want to THANK Everyone for the support you have given the Association and me. You have no idea how hard it has been for some of us. As much as we gripe,we enjoy what we do. We aren’t doing it as much as for ourselves but for YOU and the other Blue Water Navy Vietnam Veterans.
    Yes we are very disappointed that H.R.299 did not pass the Senate. BUT look at what had happened, it pass the House by a Vote of 382 to 0. No Member of the House was opposed to the BILL. Then it get in the Senate and the problems started. First we had the Big 4 VSO tell us they are behind us, but while they were behind our backs they decided they opposed the way it was funded. This went on for 10 weeks and then they decide that the funding was OK. During this time the VA had a chance to convince the CBO that  the cost wasn’t right and let the Senator know and the other that more research was needed. There is a few problems with this:

1. In Public Law 104-4, The Agent Orange Act of 1991 the VA did not follow the law. What make anyone believe that the VA will do this research on their own when they did not obey the 1991 law. Here is part of the law:
   
   1. Directs the Secretary to compile and analyze, on a continuing basis, all clinical data obtained by the Department of Veterans Affairs in connection with examinations and treatment furnished to veterans by the Department after November 3, 1981, for exposure to herbicide agents in Vietnam and which is likely to be useful in determining the exposure to such agents and the disabilities suffered. Requires an annual report on such compilations and provides funding.
      
   2. Directs the Secretary, for facilitating research on the effects of exposure to herbicides used in Vietnam, to establish and maintain a system for the collection and storage of voluntarily contributed blood and tissue samples of veterans who served there. Provides for: (1) specimen security; (2) authorized use; (3) limitations on acceptance of samples; and (4) authority based on specific funding.
      
   3. Directs the Secretary to establish a scientific research feasibility studies program for conducting research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in Vietnam; and (3) active military service in Vietnam during the Vietnam era. Outlines program and report requirements. Directs the Secretary to consult with NAS.
      
2. There has been studies done by other, the Australian did one and the VA seems to be against it. The IOM, now the National Academy of Medicine release studies that shows that is it possible for Blue Water Navy VIetnam Veterans to be exposed. That is is plausible that Blue Water Navy Vietnam Veterans were exposed.  
   
3. The VA is using the wrong data to calculate the cost of the bill. They have stated that it’s possible that over 400,000 Navy Veterans may be of been exposed. They way they can get to that number is to count every person on the ship each time they went into the zone. If a person is counted once, then you don’t count them again. They may of even counted ships that were not in the zone.
   

Now the decision we have made may not be popular with the Membership but it does make sense. Here is what we are going to focus one:

1. Toxic Exposure. There are many type of Toxic Exposure from Chemical used on the ships and bases to the Burn Pits. This will be a challenge for us but we are up to the challenge. You should see more of other branches within our pages. This is another step in the Blue Water Navy goals. Agent Orange is also  a Toxic Chemical.
   
2. Guam. Guam is another step in the Blue Water goals. Many ships stopped in Guam and will be covered under this. We will help our partners from Agent Orange Survivors of GUam.
   
3. Once the decision for the Procopio Case is rendered we will then bring up the Blue Water Navy Agent Orange Act. Some people may feel we are abandoning the Blue Water Navy Veterans but this not the case. We feel that the court will find for the Blue Water Navy Veteran and once they do it will force the VA to start covering the Blue Water Navy Veterans out of their existing budget. Then when we bring the New Blue Water Navy Agent Orange Act the cost is much less and will take away one of the things the VA are complaining about.
   
4. We need to bring up our Membership. We went over 900 in 2018, I think that was close to a  50% increase over 2017. We did good, but we need to do better. With us expanding our focus we should be able to increase our size with everyone's help. Everyone needs to make they are sharing our post on other sites and letting them know what we do. Inviting them to join us. I want to make sure everyone knows that as of 12:01 January 1, 2019 our count goes down from over 900 to about 290.
   

Now I have to apologize for some things I promised. I am running way behind in sending out receipts and other items, but in my defense I have been working on other things for the Association. More on that will be coming out later. I also tried to make sure we had a Newsletter come out more often but again I fell behind in that. I have asked two others to take over the Newsletter and I hope they can put one out at least once a month.

As I said we didn’t get H.R. 299 passed BUT we did not FAIL, We can hold our head up high and say we did all we could do. We had the whole House and 98 Senators on our side. It was just two misguided or misinformed Senators that stopped us. It has already be announced that John Wells has a meeting to talk with Senator Enzi at the end of January, he is also trying to set up a meeting with Senators Lee. I want to suggest that in the June/July time frame that we all contact Senator Lee and ask him where the Research Study that the VA promised him. In his Objection Speech on the Senate floor he stated than in mid-tear the VA study would be done. Of Course I won’t have much faith in that study unless an independent organization is doing it.

This coming year we all need to do more and get this thing done. This coming year I propose we have a theme that we use to get the message to the VA, Congress, and the President. His is based on my quote in the Washington DC article, “We did our job, they should do theirs”.
Let’s work hard to get our benefits back.
One other item I need to mention, some time this week we will be deleting from the Members Only Facebook Page everyone who hasn’t paid for their 2019 Dues. I will make this one time offer, if you are planning to pay by the middle of the month due to your check coming in, let me or Mike K know and we will hold off deleting you. If you get deleted you will need to answer those questions again.

Thank you for all the support you have given me and Thank you all for your hard work.

Mike Yates
Executive Director/National Commander
Blue Water Navy Vietnam Veterans Association.  

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