Full Fed. Circ. OKs Benefits For 'Blue Water' Vietnam Vets

Law360 (January 29, 2019, 7:31 PM EST) -- A full panel of the Federal Circuit ruled Tuesday that U.S. Navy veterans who served offshore during the Vietnam War are entitled to benefits for diseases linked to Agent Orange, finding that the territorial waters of Vietnam count as part of the country under a benefit law.

The phrase “served in the Republic of Vietnam” within the Agent Orange Act covers not only military service on land and inland waterways, but also service in the territorial waters of Vietnam, the en banc 11-judge panel ruled in a precedential 9-2 decision. That means Navy veteran Alfred Procopio Jr. must be given a...

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