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For many Vietnam veterans, serving aboard a Navy ship off the coast of Vietnam while performing their duties during the war did not always mean they could receive the same Agent Orange benefits as veterans who served on land.
For years, the location of a Navy ship could become a major issue in a VA disability claim. A veteran might have served aboard a vessel during the Vietnam War, only to have a claim denied because the VA could not verify that the ship was in the waters covered by the law. The Blue Water Navy Vietnam Veterans Act of 2019 changed the rules for qualifying veterans who served in the offshore waters of Vietnam.
However, proving where a ship was decades ago can still be challenging. Before the Act, veterans who served offshore could face significant difficulties establishing eligibility for the same herbicide exposure presumption available to certain veterans who served in Vietnam. With the 2019 law, this presumption was expanded to qualifying veterans who served in the offshore waters of the Republic of Vietnam, including areas within 12 nautical miles seaward of the specified demarcation line, during the applicable period.
Why Was My Blue Water Navy Claim Denied?
One of the most important questions in a Blue Water Navy claim is: where was the veteran's ship during the veteran's service? And the VA may need evidence showing that the vessel operated in qualifying waters during the period the veteran was aboard. Also, one of the potential reasons a Blue Water Navy claim can be denied is that the VA cannot verify the location of the veteran's ship during the relevant period. What VA may be able to verify are certain aspects, such as whether the veteran:
- served in the U.S. Navy
- served during the Vietnam era
- was assigned to a particular ship
- has a diagnosed medical condition
But VA may still determine that there isn't enough evidence showing the ship was within the qualifying waters. That is why the VA denial letter is an important document to start with, as it determines exactly what could not be verified. If the problem was the location of the ship, additional evidence should focus on that issue.
Proving a Ship Was Within 12 Nautical Miles
For qualifying Blue Water Navy veterans, evidence on the ship's location can be critical. The VA and National Archives have worked together to digitize Vietnam-era Navy deck logs and other historical records that can provide information about the movements and locations of Navy vessels. Additionally, the National Archives has made most of these deck logs available through its online catalog offering information such as:
- the ship's location
- latitude and longitude
- ship movements
- dates of operations
- ports visited
- activities aboard the vessel
For those veterans whose claim was denied because VA could not verify the ship's location, these records may offer the needed information on where the ship was during the relevant period.
Navy Deck Logs, Another Important Evidence
When a Blue Water Navy claim involves a ship-location question, Navy deck logs are among the most useful historical records. Deck logs were created to document activities aboard Navy vessels, and, depending on the ship and time period, they can offer data on the vessel's movements and location.
However, veterans should understand that deck logs are records of the ship, not necessarily a daily personnel record for every sailor aboard. That means a deck log may help prove where a ship was without independently proving that a particular veteran was aboard that ship on that exact date. Therefore, additional personnel records may be necessary.
Navy Deck Logs and their Availability
Searching the National Archives can be a good place to begin. You should try searching for the ship's name without "USS" and add "deck log." You can also add the ship's hull number or the year to narrow the search. If you cannot locate the records you need online, contacting the National Archives may be the next logical step.
Moreover, some records may not yet be available through the online catalog, while others may have access restrictions. This is why, even if you don't find a deck log online, it does not necessarily mean the record does not exist. When looking for a particular ship and date range, you can contact the National Archives at archives2reference@nara.gov.
Some historical records may also have access issues, but the National Archives provides information about classified and withdrawn Navy deck logs and how to request information about them.
Blue Water Navy Claims Can Involve More Than One Type of Evidence
Ship's deck logs may establish the location of the vessel, but they're only one type of evidence, and a successful location investigation may require several records that work together to establish a timeline.
Service personnel records may prove that the veteran was assigned to the ship, while a muster roll or transfer record may help establish when the veteran was aboard. Cruise books or command histories also offer information about the ship's deployment.
Just a single document cannot reveal the whole history behind a veteran's service. The available evidence considered together should address the issue identified in the VA decision. Potential relevant evidence includes:
- DD-214
- service personnel records
- assignment records
- muster rolls
- transfer records
- military orders
- deployment records
- cruise books
- command histories
- operational reports
- ship histories
- personnel records
- veterans' statements
- fellow service members' statements
When these pieces of information can be connected, they may help address a location-based denial.
The Next Step if Deck Logs Show Where the Ship Was
If you have obtained new and relevant evidence that addresses the reason for the denial, filing a Supplemental Claim may be an option. It allows a veteran to submit new and relevant evidence for VA to consider. To file a Supplemental Claim, use VA Form 20-0995.
Another option may be a Higher-Level Review if you believe VA made an error based on the evidence already in the claim file. However, new evidence cannot be submitted with a Higher-Level Review.
Veterans may also request a Board Appeal so that the claim can be reviewed by the Board of Veterans' Appeals. The appropriate decision-review option depends on the circumstances of the individual claim.
Do Not Overlook the One-Year Deadline
The date on the VA decision letter is critical and should be kept in sight. For most VA benefits decisions, veterans generally have one year from the date of the decision letter to request a decision review. The date can be especially important when it comes to preserving an effective date. If VA ultimately grants benefits, the effective date can affect how far back benefits may be paid.
Because the timing of a decision review can influence the effective date, veterans should pay close attention to the VA decision letter's date while gathering additional records. It's equally important that the VA has a duty to assist, meaning the institution has a legal duty to assist claimants in obtaining evidence necessary to substantiate their claims, including making reasonable efforts to obtain relevant federal records when it's the case.
After receiving a denial, it's important to understand what VA accepted as valid data and what information is still missing. If VA could not verify the ship's location, veterans should search for historical records that may reveal where the ship was at the given time, including Navy deck logs and other military records that establish the ship's movements.
What If VA Cannot Verify My Ship's Location?
When it comes to an old Navy ship, a Blue Water Navy claim can require significant historical research. Many of the relevant records are decades old, may be stored in different locations, and a single document may not establish every fact necessary for a claim.
That is why it can be helpful to build the evidence step by step, starting with the VA decision letter and determining what VA could not verify, and then looking for records that address that specific issue. For a ship-location denial, that may mean researching:
- your ship - confirm the exact name and hull number of the vessel.
- your dates of service - determine when you were assigned to and served aboard the vessel.
- the ship's movements - search deck logs and other historical records for the relevant dates.
- the qualifying location - determine whether the available records establish that the ship operated in the waters covered by the Blue Water Navy law.
We Can Help You Review Your Blue Water Navy Claim
Finding decades-old Navy records can be difficult, especially when you do not know exactly what records to look for or where to find them.
If you served aboard a Navy ship during the Vietnam War and your VA claim was denied because the VA could not verify the ship's location, reviewing your service information may help identify records that could be relevant to your claim.
Contact us to learn more about your Blue Water Navy VA claim and the evidence that may be available. Our team can help if you have questions about your service, your ship, or your VA claim. We can also be of assistance in understanding what information may be relevant and what steps you can consider next.