Agent Orange & Herbicide Presumptives

Who qualifies

• Vietnam in-country service (any duration) between January 9, 1962 and May 7, 1975.
• Blue Water Navy — service within 12 nautical miles of Vietnam's coast, January 9, 1962 to May 7, 1975 (Blue Water Navy Vietnam Veterans Act of 2019).
• Korean DMZ — service in or near the DMZ between September 1, 1967 and August 31, 1971.
• Thailand — service at certain Royal Thai Air Force bases (U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhli, Korat, Don Muang) between January 9, 1962 and June 30, 1976, near the base perimeter.
• PACT Act expansion — Laos, Cambodia, Guam, American Samoa, Johnston Atoll, and additional locations during specified periods.
• C-123 aircraft service — Air Force Reservists who flew or maintained contaminated C-123 aircraft between 1969 and 1986.

Presumptive conditions

• AL amyloidosis
• Bladder cancer
• Chronic B-cell leukemias (including chronic lymphocytic leukemia and hairy cell leukemia)
• Chloracne or other acneform diseases (within one year of exposure)
• Diabetes mellitus type 2
• Hodgkin's disease
• Hypertension (added 2022)
• Hypothyroidism
• Ischemic heart disease (including coronary artery disease)
• Monoclonal gammopathy of undetermined significance (MGUS)
• Multiple myeloma
• Non-Hodgkin's lymphoma
• Parkinsonism and Parkinson's disease
• Peripheral neuropathy, early onset
• Porphyria cutanea tarda (within one year of exposure)
• Prostate cancer
• Respiratory cancers (lung, bronchus, larynx, trachea)
• Soft tissue sarcomas (with certain exclusions)

Nehmer and earlier effective dates

Under the Nehmer court-settlement rules, when the VA adds a new Agent Orange presumptive condition, eligible veterans (or their survivors) who previously filed claims for that condition can receive retroactive benefits dating back to the original claim or to the date of death — sometimes producing six-figure back-pay awards.

If a Vietnam-era veteran or their family had a prior denial for one of the listed conditions, it is worth re-filing as a Supplemental Claim to evaluate Nehmer eligibility.

How these claims are filed

1. Confirm qualifying service (location and dates).
2. Confirm the diagnosis is on the presumptive list.
3. VA Form 21-526EZ is the typical application form for this claim with current medical records confirming the diagnosis.
4. If a previous claim was denied for a now-presumptive condition, file a Supplemental Claim citing the addition of the condition to the list.
5. Survivors of veterans who died from a presumptive condition should also evaluate DIC eligibility.

Where these claims break down

• ×Not filing because of a prior denial — Nehmer rules may produce substantial back pay.
• ×Assuming Blue Water Navy is excluded — it has been included since the 2019 Act.
• ×Overlooking secondaries to presumptive conditions (e.g., kidney disease secondary to diabetes).
• ×Submitting nexus letters that are not needed when the presumption applies.
• ×Forgetting Thailand base perimeter service or C-123 service as qualifying exposure.

Frequently Asked Questions

References & sources

1. 38 CFR § 3.307 — Presumptive service connection (herbicide exposure) — U.S. Government Publishing Office (eCFR)
2. 38 CFR § 3.309(e) — Disease associated with exposure to certain herbicide agents — U.S. Government Publishing Office (eCFR)
3. Veterans and Agent Orange: Update 11 (2018) — National Academies of Sciences, Engineering, and Medicine
4. Blue Water Navy Vietnam Veterans Act of 2019 (Pub. L. 116-23) — U.S. Congress
5. Nehmer v. United States Department of Veterans Affairs — class action stipulation — U.S. Department of Veterans Affairs