top of page

Procopio v. Wilkie: May 2019 Update

In January 2019, the Federal Circuit Court of Appeals decided the case of Procopio v. Wilkie which resulted in Blue Water Navy Vietnam veterans being granted the Presumption of Service Connection for disabilities associated with exposure to Agent Orange, an herbicide and defoliant chemical used by the US military during the Vietnam War.


On April 1, 2019, the Board of Veterans Appeal (BVA) Chairwoman Cheryl Mason lifted the “Procopio Stay” at the BVA.


On May 10, 2019, a BVA decision granted a Blue Water Navy Veteran service connection based on the new rule of law in Procopio v. Wilkie and on May 15, 2019, the VA Office of General Counsel announced in its Advisory Opinion how it will begin processing Procopio issues.


Essentially as it now stands, it is accepted that if there is enough evidence to prove that Blue Water Navy veterans were within 12 nautical miles of Vietnam, the BVA and VA should grant service connection for any presumptive conditions immediately.  If there is not enough evidence the BVA will redirect appeals to the VA to develop more evidence.  Furthermore, the Veterans Benefits Administration (VBA) has indicated that it will begin work on establishing regulations on what will be accepted as proof that a sailor served on a vessel within the 12 nautical miles.


Please be aware that the Department of Justice [DOJ]has until the end of May 2019 to decide whether or not to appeal Procopio the US Supreme Court.  Things appear, however, hopeful that the DOJ will align itself with the position the BVA has already seemingly accepted. 


If you or a loved one served on a ship within 12 nautical miles of Vietnam during that era of conflict and has any disabilities believed to be associated with exposure to Agent Orange, please have them contact our office for assistance with their claim and or appeal of their claim.

コメント


Featured Posts
Recent Posts
Archive
Search By Tags
Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square
Physical address (by appointment only)
600 W Santa Ana Blvd, Suite 820, Santa Ana, CA 92701

Mailing address
P.O. Box 11484, Santa Ana, CA 92711
(714) 543-8416
  • Facebook - Grey Circle
  • YouTube - Grey Circle
  • LinkedIn - Grey Circle
  • Yelp - Grey Circle

Thanks! Message sent.

DISCLAIMER: The information that appears on this website is provided for informational purposes only and does not constitute advice or legal opinion. The transmission or reception of any information through this website will not create or establish an attorney-client relationship, and will not act or depend on any information that appears on this website without seeking the specific and competent legal advice of a lawyer. The laws change constantly, and the information that appears on this website may be outdated and inapplicable to your circumstances and is not guaranteed. DO NOT SEND CONFIDENTIAL INFORMATION THROUGH THIS WEB SITE since an attorney-client relationship will only be established through a written contract from Maurice L. Abarr, Lawyer, Inc., and in no other way. Each case is unique, therefore, the testimonies and endorsements do not constitute a guarantee, guarantee or prediction regarding the outcome of your possible case. Required notice: "Making a false or fraudulent worker's compensation claim is a felony subject to up to 5 years in prison or a fine of up to $ 50,000 or twice the value of the fraud, whichever is greater, or both in prison and in fine. "

© 2018 by Maurice L. Abarr - Lawyer, Inc. Designed and Developed by Client Growth Marketing

bottom of page