Can Agent Orange exposure support a DIC claim?

Details

• Presumptive Agent Orange conditions and qualifying service locations and periods are set out in 38 CFR §§ 3.307 and 3.309(e), and have been expanded by statute over time, including by the PACT Act.
• For conditions not on the presumptive list, a survivor can still pursue DIC on a direct basis, but that generally requires a medical nexus opinion connecting the specific exposure to the condition that caused or contributed to death.
• 38 CFR § 3.816 addresses effective dates for certain Agent Orange-related claims covered by the Nehmer class-action litigation, which can affect how far back benefits are payable in specific circumstances.
• Service records, unit history, and other proof of qualifying service are typically necessary to establish the presumption applies.