“Blue Water Navy” veterans are one step closer to getting the veteran benefits they deserve after the Court of Appeals ruled 9-2 in favor of Alfred Procopio Jr., who served on the USS Intrepid during the Vietnam War.

Rep. Phil Roe, M.D. (R-Tenn.), Ranking Member of the House Committee on Veterans’ Affairs, released the following statement after a Federal Appeals Court ruled on Procopio v. Wilkie.

“The court’s ruling on Procopio v. Wilkie is clear, VA should accept service in the territorial seas as qualifying for service in the Republic of Vietnam in regards to the Agent Orange presumption.This is a big win for our Blue Water Navy Vietnam Veterans, and I am thrilled that it seems that these sailors will finally receive the recognition that they have earned the right to be considered eligible for the Agent Orange presumption – if VA takes this decision to heart.”

As Rep. Phil Roe, M.D (R-Tenn)’s statement implies, even though the Federal Appeals Court has ruled in favor of the “Blue Water Navy Veterans”, it is still unclear when or if they will be included under the agent orange presumption. VA Secretary Robert Wilkie has pushed back on many of the decisions that the joint Congressional/Senate Committees have made including the lack of training of VA employees and deadlines that, in some cases, are a year behind schedule.  Wilkie can still bring this decision before the Supreme Court if he so chooses.

The agent orange presumption is for Vietnam Veterans, having a medical condition presumed to be related to Agent Orange exposure and is linked to 14 conditions that result in a greater use of Veteran Affairs healthcare.  If the VA recognizes the Federal Appeals Court decision on Procopio v. Wilkie it could add coverage of close to 70,000 Vietnam Veterans to the VA system.