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BLUE WATER NAVAL SHIPS THAT WERE EXPOSED TO AGENT ORANGE

Blue Water Navy veterans may now be eligible for service connection for any of several conditions that have been linked to certain herbicide exposure. Here’s what you need to know about who qualifies, what conditions qualify, and what type of benefits may be available.

WHO IS A BLUE WATER NAVY VETERAN?

Though the statute extending the presumption of service-related exposure to herbicide to some of those serving on vessels on the open sea near Vietnam is called “Blue Water Navy Vietnam Veterans Act of 2019,” the name is a bit misleading. The presumption may apply to members of the military, naval, or air service who served on ships on the open sea in certain areas off the coast of Vietnam between January 9, 1962, and May 7, 1975. 

With this new addition, the presumption of service-related exposure applies to Vietnam veterans who served: 

• In the Republic of Vietnam, or
• Aboard a U.S. military vessel that operated in the inland waterways of Vietnam, or
• On a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia

This means many veterans who were previously denied benefits may now be eligible.

How Do I Know Whether My Ship Was In a Covered Area? 

The statute spells out very specifically what area of the ocean is considered “offshore of Vietnam” for purposes of the new presumptions. But, the description in the law may or may not make it obvious to you whether you were in the covered zone. It provides that locations are covered if they are “not more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia” and intersecting a set list of geographical points, described by longitude and latitude. 

If you’re uncertain, a Veterans Disability Advocate can help you assess whether the presumption applies to you. 

The Agent Orange Registry

The Agent Orange Registry was established in 1978 to provide health exams and other assistance to veterans who had potentially been exposed to Agent Orange and other potentially dangerous herbicides during the Vietnam war. However, access was limited to those who served on the ground in Vietnam or on patrol boats in local waters. 

The 2019 statute extends eligibility for the registry to those who served on a vessel “operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia.” Registration does not guarantee that a veteran will be eligible for benefits.

PRESUMPTIVE SERVICE-CONNECTED CONDITIONS FOR BLUE WATER VETERANS

Veterans may be eligible for VA disability benefits if they: 

• Have a medical condition that is caused by exposure to Agent Orange, and
• Served in a location that exposed them to Agent Orange

The benefits available may include VA disability pay, healthcare benefits, and other benefits such as: 

• Home loans
• Vocational rehabilitation
• Education 

The conditions presumed to have been caused by Agent Orange exposure include: 

• Bladder cancer
• Chronic B-cell leukemia
• Hodgkin’s disease
• Multiple myeloma
• Non-Hodgkin’s lymphoma
• Prostate cancer
• Respiratory cancers (including lung cancer)
• Some soft tissue sarcomas
• AL amyloidosis
• Chloracne or other types of acneiform disease like it (only if at least 10% disabling within one year of exposure)
• Diabetes mellitus type 2
• High blood pressure (hypertension)
• Hypothyroidism
• Ischemic heart disease
• Monoclonal gammopathy of undetermined significance (MGUS)
• Parkinsonism
• Parkinson’s disease
• Peripheral neuropathy, early onset (only if at least 10% disabling within one year of exposure)
• Porphyria cutanea tarda (only if at least 10% disabling within one year of exposure)

If you suffer from one of the listed conditions, served on a ship off the shore of Vietnam, and have not applied for VA disability benefits, you can apply now. Your application should include medical documentation of your condition, any documentation you have of your service location, and should note that you are filing for a condition that is a presumed result of exposure to herbicides such as Agent Orange.

An experienced Veterans Disability Advocate can help ensure that you have the documentation required to smooth the application process and give you the best chance of approval. 

Can I Still Get VA Disability Benefits if My Condition Isn’t Listed? 

If your condition is presumed to have been caused by Agent Orange exposure, the path to securing VA disability benefits is a bit easier, since you won’t need to present proof of the connection between your military service and your disability. If you have another condition you believe was caused by Agent Orange exposure, you may still be eligible for benefits. But, the burden will be on you to demonstrate that your medical condition is service-related. 

What If I Was Previously Denied VA Disability Benefits? 

While Vietnam veterans were exposed to Agent Orange and other herbicides between 1962 and 1975, those who served offshore weren’t presumed to have been exposed until the Blue Water Navy Vietnam Veterans Act of 2019 took effect. For decades, veterans who served offshore and filed claims based on herbicide exposure were required to prove service connection, which can make it much more difficult to secure benefits. 

The VA is encouraging veterans who were previously denied benefits in an exposure-related claim for one of the conditions listed above to file a supplemental claim. A supplemental claim asks the VA to reconsider your claim in light of new, relevant evidence. 

Can Dependents and Survivors of Blue Water Veterans Get VA Benefits? 

Dependents and survivors of Blue Water Veterans may qualify for Dependency and Indemnity Compensation (DIC). The next steps for dependents and survivors depend on whether they have previously applied for benefits and when. 

• If no prior claim has been filed, the dependent or survivor should file a fresh claim
• If a prior claim was filed and denied, the dependent or survivor should file a supplemental claim
• If a prior claim was filed and was stayed, no action is required–those claims will be decided 

VETERANS DISABILITY ADVOCATES HELPING BLUE WATER VETERANS

The VA disability process can be daunting, and simple mistakes can result in denial or delay your claim. At Veterans Help Group, we put years of experience to work smoothing the path for disabled veterans. To learn more about how we can help, call (855) 855-8992 right now.