VA to Readjudicate Previously Denied Blue Water Navy Claims
June 06, 2021
On May 14, 2021, the Department of Veterans Affairs (VA) announced they would be readjudicating disability claims that were denied prior to the Blue Water Navy Vietnam Veterans Act, which went into effect on January 1, 2020.
Previously, a veteran would have had to serve boots on the ground in Vietnam or on the inland waterways. Now, VA has expanded eligibility for Military, Naval, and Air Service veterans who served within 12-nautical miles of Vietnam and Cambodia at certain geographical points between 1962 and 1975. If the denied veteran has passed away, then a surviving or dependent child can take their place in the readjudication process.
This review is part of the VA’s implementation of the Nov. 5, 2020, U.S. District Court of the Northern District of California decision to readjudicate previously denied claims as applied in Nehmer vs. U.S. Department of Veterans Affairs.
At the time when Nehmer was settled, part of the agreement was that any time there was an expansion in presumptive conditions for Agent Orange exposure, VA was required to look back at previously denied claims. Fortunately, this situation qualifies under that ruling, most importantly because we have an expanded scope.
Under Nehmer for these Agent Orange claims exclusively, there is an expanded group of survivor claimants, including:
- Surviving Spouses
- Including re-married spouses, if you were married to the veteran at the time of their passing.
- Children of any age
- Parents
- If none, then the benefits will go to the Estate.
If you have any questions about your Blue Water Navy denial, or were exposed to agent orange and want to start a claim, please contact Legal Help for Veterans, PLLC. Our nationwide law firm is ready to help the thousands of veterans and family members seeking readjudication. Contact our office by phone at (800) 693-4800 or fill out a Free Claim Evaluation to learn more!