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Presumption of agent orange exposure the blue water/brown water distinction has been eliminated

February 10, 2019

Very recently, the Federal Circuit issued an opinion in Procopio v. Wilkie, ___F.3d____ (Available Here), holding that, for determining the presumption of Agent Orange exposure, the operative phrase “served in the Republic of Vietnam” covers service on the Vietnam mainland (foot-on-land requirement), inland waterways and now, service on a ship which came within 12 miles of the mainland. In one …

Citation Correction – Challenging C&P Psych Reports based on Physical Observation

April 2, 2015

Challenging unfavorable C&P psych reports based on observations made during the examination?? We have all seen, from time to time, a big disconnect between what a VA C&P examination report says about a claimant’s psychiatric symptoms and what is written in treatment records and in the claimant’s statements. Take, for instance, a claimant who has been seeing a treating psychiatrist …