A military helicopter dispersing Agent Orange during the Vietnam War. (Photo: U.S. Army)

Today, the VA introduced a proposed rule detailing its intentions to broaden the geographical and time frames for which exposure to Agent Orange and other herbicides is presumed.

If finalized, this rule will establish a new presumption of exposure to areas where herbicides were tested, stored, or used outside of Vietnam. Specifically, it will include locations in the United States, Canada, and India, in addition to the existing presumptions for Agent Orange exposure in Vietnam, Thailand, Laos, Korea, American Samoa, Guam, Johnson Atoll, and Cambodia.

A presumption of exposure entails that the VA automatically assumes that Veterans who served in certain regions were exposed to particular toxins. This presumption alleviates the burden of proof, helping Veterans in receiving the benefits they are entitled to as swiftly as possible.

The extension of presumptions will help Veterans who served in the specified areas in accessing healthcare and benefits for specific cancers and chronic conditions. To qualify, a Veteran must have served in the designated location(s) during a specific timeframe and presently have a condition(s) presumptively linked to herbicide exposure.

“This proposed change would make it easier for Veterans exposed to herbicides who served outside Vietnam to access the benefits they so rightly deserve,” stated VA Secretary Denis McDonough. “Our goal is to provide every Veteran – of every era – with the VA health care and benefits they deserve, and this is another step in the right direction.”

The delivery of top-tier healthcare and benefits to Veterans affected by toxic exposures is a primary focus for the VA and the Biden-Harris Administration. As part of President Biden’s commitment to supporting Veterans with military toxic exposures, the VA has substantially expanded presumptive service connection for hundreds of health conditions related to toxic exposures under the PACT Act in recent years, marking the most extensive expansion of Veteran care and benefits in generations. The VA is now providing more care and benefits to a greater number of Veterans than ever before in U.S. history.

Veterans wishing to submit an initial claim for an herbicide-related disability can visit the VA website, use VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits, or seek assistance from a VA-recognized Veterans Service Organization in navigating the application process. Veterans can also reach out to their state Veterans Affairs Office. Survivors have the option to file claims for benefits based on the Veteran’s service if the Veteran passed away from at least one of the recognized presumptive herbicide diseases.

This proposed regulation incorporates provisions from the PACT Act, the Blue Water Navy Act of 2019, and the National Defense Authorization Act for 2021.

For further details regarding the proposed changes, refer to the Federal Register.

Author: Rikki Almanza

Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted connection to the military, a spouse who is a Navy veteran, a father who served in the Air Force for 25 years, and a grandfather who proudly served, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.