by jim_m » Wed Dec 26, 2007 7:08 pm
As I understand it the VA changed the M-21 provisions in 2002 so you would have had set foot on land for presumption of exposure to AO. This is part of the Haas case. They did it without following proper procedures. M-21 stated that onyone,without contridictory evidence,who recieved the Viet Nam Service Medal was presumed to have been exposed to AO. If the VA recends M-21,(only if they lose the Haas case)as I understand it, all claims filed with the VA would have to be considered the same as before this provision was changed in 2002.
They are proposing to recend M-21 and re-write it acourding to the provisions of the law this time,which most likely will leave out BWN and the Thailand Vets again. However,new claims filed up until the date that the new regs. go into effect would have to be treated as they were prior to 2002.
Now,if they rewrite M-21,and make it about as it is now,my question is will they be able to take back any awards of compensation they may give to the Veterans who have claims in now, like they tried or did sever the benefits of some Vererans in 2002. Jim