Blue Water Navy (Vietnam) Exposure

Background — why this law was needed

After the Federal Circuit's 2008 Haas v. Peake decision, the VA limited the Agent Orange presumption to veterans with 'boots on the ground' or service on the inland waterways of Vietnam (Brown Water Navy). Veterans who served on aircraft carriers, destroyers, cruisers, and other vessels offshore — the Blue Water Navy — were excluded for more than a decade.

In 2019, the Federal Circuit's en banc decision in Procopio v. Wilkie reversed the VA's interpretation. Congress codified that result in the Blue Water Navy Vietnam Veterans Act of 2019, restoring presumptive service-connection to ships operating within 12 nautical miles of Vietnam's coastline during the qualifying period.

Who qualifies

• Service on a covered ship between January 9, 1962 and May 7, 1975.
• Ship's location within 12 nautical miles of the Republic of Vietnam (including specified islands) on at least one day of the veteran's tour.
• A current diagnosis on the 38 CFR § 3.309(e) Agent Orange presumptive list (or a derivative/secondary condition).

Proving the 12-nautical-mile location

VA maintains a list of ships with confirmed dates and locations of qualifying service. The list is searchable on VA.gov ('Navy and Coast Guard Ships Associated with Service in Vietnam and Exposure to Herbicide Agents'). For unlisted ships, veterans can supply deck logs, ship histories, after-action reports, and personnel records to establish the qualifying location.

If your ship is on the published list with the relevant dates, presumption attaches with very little additional development. If your ship is not on the list, plan to file deck-log evidence with the claim.

Reopening prior 'blue water' denials

A pre-2019 denial of an Agent Orange presumptive claim that was based on Blue Water Navy service is generally a strong candidate for a Supplemental Claim under 38 CFR § 3.156. The Blue Water Navy Vietnam Veterans Act is treated as new and relevant evidence. Effective dates can sometimes trace back to the original claim, depending on filing windows under the Act and 38 CFR § 3.400.

Where these claims break down

• ×Assuming all offshore Vietnam service qualifies — the ship must have been within 12 nautical miles on at least one date of the tour.
• ×Filing without checking the VA-published ships list first.
• ×Failing to request deck logs from the National Archives when the ship is unlisted.
• ×Letting a pre-2019 denial sit instead of filing a Supplemental Claim under the new law.

Frequently Asked Questions