Veterans Affairs Proposes Expansion of Agent Orange Exposure Presumptions: Aims to Ease Access to Benefits

US Department of Veterans Affairs

WASHINGTON, D.C. — The Department of Veterans Affairs (VA) recently proposed a rule designed to widen the scope of its presumption of exposure to Agent Orange and other herbicides. This move aims to streamline the process for veterans seeking disability benefits related to toxic exposure.

Under the current system, VA presumes that veterans who served in certain locations were exposed to specific toxins. This presumption simplifies the process by reducing the burden of proof necessary for veterans to receive disability benefits. The proposed rule seeks to extend this presumption to additional locations where herbicides were tested, used, or stored outside of Vietnam.

Specifically, the proposed rule would include various locations within the United States, as well as sites in Canada and India. These additions would join the existing list of presumptive locations for Agent Orange exposure, which includes Vietnam, Cambodia, Johnson Atoll, Guam, American Samoa, Korea, Laos, and Thailand.

This expansion of presumptives could significantly benefit veterans who served in these newly added locations. It would facilitate their access to health care and benefits for specific cancers and chronic conditions associated with herbicide exposure. To qualify, a veteran must have served in one of the identified locations during a particular time frame and currently have a condition associated with herbicide exposure.

This proposal aligns with the VA’s commitment to providing top-tier health care and benefits to veterans exposed to toxins. It also falls under President Biden’s pledge to serve veterans affected by military toxic exposures. Over the past few years, VA has broadened the presumptive service connection for hundreds of health conditions linked to toxic exposures under the PACT Act. This act represents the most substantial expansion of veteran care and benefits in recent history, allowing the VA to provide more care and benefits to more veterans than ever before.

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VA Secretary Denis McDonough expressed his support for the proposed change, stating, “This proposed change would make it easier for veterans exposed to herbicides who served outside Vietnam to access the benefits they so rightly deserve. 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.”

Veterans wishing to file an initial claim for a herbicide-related disability can do so through the VA’s website, using VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits. They can also work with a VA-recognized Veterans Service Organization to assist with the application process or contact their state Veterans Affairs Office. If a veteran died from at least one of the recognized presumptive herbicide diseases, survivors can file claims for benefits based on the veteran’s service.

The proposed rule also seeks to codify provisions in the PACT Act, the Blue Water Navy Act of 2019, and the National Defense Authorization Act for 2021. For more information about the changes, visit The Federal Register.

The VA’s proposal signifies a critical stride towards acknowledging the long-term health impacts of toxic exposure among veterans and reducing barriers to accessing deserved benefits. While still in the proposal stage, the rule signals the VA’s ongoing commitment to serving those who have served the nation.

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