This can be done by providing evidence of actual exposure, such as photographs showing Agent Orange barrels. In addition, any veteran who believes that he or she was exposed to a herbicide can file a claim and attempt to show actual herbicide exposure. On June 19th, 2015 the Federal Register published that Air Force Servicemembers and Air Force Reservists who served during the period of 1969 through 1986 and whose service required that they regularly and repeatedly operate, maintain, or serve onboard C-123 aircraft that was exposed to Agent Orange are now eligible for VA disability compensation for presumptive conditions due to Agent Orange Exposure. Air Force members and reservist who served VA, backed by the courts, will not apply the presumption unless they have evidence of “boots on the ground” from these veterans. Many veterans have challenged this definition, especially “blue water” (open ocean) sailors and Air Force ground support personnel who believe that they were exposed to Agent Orange or other herbicides during service. Such duties include dog handling, security, and some maintenance activities. For veterans with service in Thailand the key to claims for exposure are military duties that took the veteran out to and alongside the perimeter of bases where defoliants were acknowledged to have been used. In addition, some veterans with service in Korea are also eligible for the presumption. A single layover or shore leave is enough to receive the presumption. A veteran must show that he or she put “boots on the ground” in Vietnam or have been a “brown water” (inland waters) sailor to qualify. As it currently stands, having earned a Vietnam Service Medal is not enough to obtain the presumption. Just who is eligible for the herbicide presumption has been the topic of extensive debate and litigation. Other presumptive conditions are listed, so a Vietnam veteran with a health condition should review the entire list. Conditions that are presumptively service-connected for herbicide exposure include chloracne, Type 2 diabetes (also know as Type II diabetes mellitus or adult-onset diabetes), Hodgkin’s disease, Non-Hodgkin’s lymphoma, B cell leukemia, Parkinson’s disease, and ischemic heart disease. For Vietnam veterans this means that evidence of actual exposure Agent Orange is not required those veterans is presumed to have been exposed to Agent Orange if they meet the requirements for the presumption.įor claimants, this means that if a veteran can show he or she was in Vietnam during the specific period and currently has a medical condition listed in VA regulations as being caused by Agent Orange which began within the listed time periods, VA must service connect that condition. A presumption is a legal term that means that VA has to assume a fact unless there is evidence against the fact. Herbicide-Exposed VeteransĬongress has established a “presumption” of exposure to herbicides, most infamously including “Agent Orange,” for veterans who served in the Republic of Vietnam during the period from January 9, 1962, to May 7, 1975. Two of the most common of these conditions, herbicide exposure in Vietnam Era veterans and undiagnosed or multisymptom illnesses in Persian Gulf War veterans, are described below. Congress, and in some cases VA, has recognized that some conditions resulting from service are so widespread or unique that they require special procedures.
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