Eligible Veterans may now be entitled to disability compensation benefits

WASHINGTON — The U.S. Department of Veterans Affairs (VA) is preparing to process Agent Orange exposure claims for “Blue Water Navy” Veterans who served offshore of the Republic of Vietnam between Jan. 9, 1962, and May 7, 1975.

These Veterans may be eligible for presumption of herbicide exposure through Public Law 116-23, Blue Water Navy Vietnam Veterans Act of 2019, which was signed into law June 25, 2019, and goes into effect Jan. 1, 2020. They may also qualify for a presumption of service connection if they have a disease that is recognized as being associated with herbicide exposure.

The bipartisan Blue Water Navy Vietnam Veterans Act gives VA until Jan. 1, 2020, to begin deciding Blue Water Navy related claims. By staying claims decisions until that date, VA is complying with the law that Congress wrote and passed.

“VA is dedicated to ensuring that all Veterans receive the benefits they have earned,” said VA Secretary Robert Wilkie. “We are working to ensure that we have the proper resources in place to meet the needs of our Blue Water Veteran community and minimize the impact on all Veterans filing for disability compensation.”

Blue Water Navy Veterans are encouraged to submit disability compensation claims for conditions presumed to be related to Agent Orange exposure. Veterans over age 85 or with life-threatening illnesses will have priority in claims processing.

Veterans who previously were denied for an Agent Orange related presumptive condition can file a new claim based on the change in law. Eligible survivors of deceased Blue Water Navy Veterans also may benefit from the new law and may file claims for benefits based on the Veterans’ service.

The new law affects Veterans who served on a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia, as defined in Public Law 116-23. An estimated 420,000 to 560,000 Vietnam-era Veterans may be considered Blue Water Navy Veterans.

To qualify, under the new law, these Veterans must have a disease associated with herbicide exposure, as listed in 38 Code of Federal Regulations section 3.309(e).

Agent Orange presumptive conditions are:

AL amyloidosis

Chloracne or similar acneform disease

Chronic B-cell leukemias

Diabetes mellitus Type 2

Hodgkin lymphoma, formerly known as Hodgkin’s disease

Ischemic heart disease

Multiple myeloma

Non-Hodgkin lymphoma, formerly known as Non-Hodgkin’s lymphoma

Parkinson’s disease

Peripheral neuropathy, early-onset

Porphyria cutanea tarda

Prostate cancer

Respiratory cancers (lung, bronchus, larynx or trachea)

Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma or mesothelioma).

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