Agent Orange

Landmark court decision extends Agent Orange presumption to veterans who served in 'territorial waters' of Vietnam

Landmark court decision extends Agent Orange presumption to veterans who served in 'territorial waters' of Vietnam

Early yesterday the U.S. Court of Appeals for the Federal Circuit struck down the VA’s policy of denying disability benefits to Vietnam-era blue-water Navy veterans for exposure to Agent Orangeand other herbicides on a presumptive basis. In a case called Procopio v. Wilkie the court decided that veterans who served within the “territorial waters” of Vietnam are now entitled to presumptive service connection for diseases caused by Agent Orange exposure.

Procopio: Agent Orange and the Blue Water Navy

Procopio: Agent Orange and the Blue Water Navy

On December 7, 2018, the US Court of Appeals for the Federal Circuit is scheduled to hear oral arguments in a case called Procopio v. Wilke. Although this case has quietly made its way through the courts, it has the potential to dramatically change the manner in which the US Department of Veterans Affairs addresses service-connected disability benefits claims associated with exposure to Agent Orange.

The VA Casts a Shadow of Doubt upon the Non-Adversarial Claims Process

The VA Casts a Shadow of Doubt upon the Non-Adversarial Claims Process

The VA cannot expect to have researchers on staff who are qualified as experts in every conceivable medical condition. However, the VA's reliance upon scientists with a such obvious conflicts of interest is a clear violation of its statutory duty, and casts doubt upon the VA's adjudication of such claims.