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The Haas case is now dead
NHL CLAIMS FREED FROM HAAS STAY (below)
The Supreme Court today issued writs for certiorari in six cases. Unfortunatley Haas v Peake was not among them. Today is a sad day in the judicial annals of the United States when the highest court in the land fails to take action to override clear error on the part of a lower court, particularly on a ruling canon developed by the Supreme Court itself.
Executive power continues to eat away at Legislative power.
The Haas case is now dead.
Which leaves us with one last chance: Congress.
Congress now must move quickly to pass the enabling legislation to restore the benefits to the Blue Water Navy, Blue Sky Air Force and TLC Veterans.
Note: This probably signals the end of the Haas stay, which ended a few weeks ago, but there apparently was no move to end it by the DVA. Now that the Haas case is dead, denials should begin coming through fairly soon. WE URGE YOU ALL IN THE STRONGEST TERMS TO APPEAL ALL DENIALS. We are unsure of the language of the new Agent Orange Equity Act at this time, so protect yourself from the possibility of inactive periods between claims due to failure to file an appeal.
NHL CLAIMS FREED FROM HAAS STAY
But VA Hqtrs apparently has no control over the actions of 57 Regional Offices
In a letter supposedly written December 8, but received by fax December 12, the office of Veterans Affairs for Benefits tells The Honorable Kirsten Gillibrand, member of the House Armed Services Committee, that they released a policy statement to all Regional offices in September clearly explaining the procedure for dealing with Non-Hodgkin's Lymphoma (NHL) compensation claims, which are being illegally held by the ROs under the Haas Stay.
BWNVVA then provided Congresswoman Gillibrand's office a letter written by the Waco Regional Office, dated November 17, informing a veteran that they have not "received any instruction yet on the out come of the case Haas v Nicholson, ... and as soon as clarification is disseminated..." they will process his NHL claim. We are wondering if perhaps the policy release was shredded... or maybe mishandled by the mailroom?
ANY VETERAN WITH A VALID NHL CLAIM:
Print this letter, take it with you or include it in a mailing to your Regional Office with a demand for immediate release and adjudication of your claim. We've shaken the tree and if this doesn't free things up, I don't know what will.
If this affects you, please let us know. Also, please let us know if you have any trouble with compliance by your RO. We'd like to start collecting some data on how widespread the affect of this is.
