Procopio v. Wilkie

 
APPEAL NO.
17-1821
OP. BELOW
SUBJECT
Veterans
AUTHOR
Moore

Question(s) Presented

“Does the phrase ‘served in the Republic of Vietnam’ in 38 U.S.C. § 1116 unambiguously include service in offshore waters within the legally recognized territorial limits of the Republic of Vietnam, regardless of whether such service included presence on or within the landmass of the Republic of Vietnam?”

Holding

“Because we hold that the unambiguous language of 38 U.S.C. § 1116 entitles Mr. Procopio to a presumption of service connection for his prostate cancer and diabetes mellitus, we reverse. . . . Congress has spoken directly to the question of whether those who served in the 12 nautical mile territorial sea of the ‘Republic of Vietnam’ are entitled to § 1116’s presumption if they meet the section’s other requirements. They are. Because ‘the intent of Congress is clear, that is the end of the matter.’ Chevron [U.S.A., Inc. v. Natural Resources Defense Council, Inc.], 467 U.S. [837,] 842 [(1984)].”

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