Agent Orange (AO)
Featured
> Master Condition List
> Federal Benefits List by Combined Ratings
> Insider Insight into VBA Claim Processing
> Rating Schedule Index
> Filing a VA Disability Claim
> Filing an Appeal

> Death/Survivor Benefits

> Education & Employment

> Health care

> Housing

> Miscellaneous

> VA Disability Compensation

> VA Pension

Congress has recognized that Veterans who were exposed to these agents are more likely to develop certain diseases.

IMPORTANT NOTE:

  • If there is definitive evidence that the Veteran was NOT exposed to any agent orange during their service. They WILL be denied presumptive status!

    • This situation would be super unusual and highly unlikely.

Eligibility

Eligibility is based upon where and when you served, as well as certain special duties:

Location Dates
American Samoa (to include territorial waters) January 9, 1962, through July 30, 1980
Cambodia (at Mimot or Krek, Kampong Cham Province) April 16, 1969, through April 30, 1969
Guam (to include territorial waters) January 9, 1962, through July 30, 1980
Johnston Atoll or on a ship that called at Johnston Atoll January 1, 1972, through September 30, 1977
Korean DMZ (in or near) September 1, 1967, through August 31, 1971
Laos December 1, 1965, through September 30, 1969
Republic of Vietnam* January 9, 1962, through May 7, 1975
Thailand (any U.S. or Royal Thai military base) January 9, 1962, through June 30, 1976

*This includes Brown Water Navy Service (inland waterways) and ‘Blue Water Navy (BWN) Service’ - service in the waters within 12 nautical miles seaward from the demarcation line of the waters of Vietnam, Cambodia, or service in other locations if the conditions of service involved duty or visitation in the Republic of Vietnam.

Additional Eligibility

  • Served on Active Duty or as a Reservist in a Air Force unit where a C-123 aircraft with traces of Agent Orange was assigned**, and had repeated contact with this aircraft due to your flight, ground, or medical duties.

    • **For a list of these locations and time periods click HERE.

Non-Presumptive Locations

The following locations have also been recognized as having stored, destroyed, or tested Agent Orange. Do know that being assigned to these bases during the respective exposure windows does NOT mean the VA considers you to be presumptuously exposed. HOWEVER, if you served in the locations AND you can show that exposure was at least as likely as not likely to have happened, then the VA CAN concede exposure!

Examples of evidence that can show you may have been exposed include but are not limited to:

  • Personnel records showing you were assigned to the location/time and having a MOS that could be linked to storing, destroying, or testing AO;

  • Evaluations mentioning storing, destroying, or testing AO; and/or

  • Medical records showing you sought treatment after exposure.

For a list of US locations and time periods click HERE.

For a list of overseas locations and time periods click HERE.

Presumptive Diseases

The Veteran must have developed these diseases within ONE year of the last possibility of them being exposed to the agent.

IMPORTANT NOTE:

  • These conditions MUST also have reached a severity of at least 10% within that year of last exposure to be presumptive!

Presumptive Diseases Continued

The Veteran may develop any of these diseases at any point before their death; HOWEVER the condition(s) severity MUST have been at least 10% at some point!

NOTES:

  • The term ischemic heart disease does NOT include peripheral manifestations of arteriosclerosis such as peripheral vascular disease or stroke, or any other condition that does not qualify within the generally accepted medical definition of ischemic heart disease.

  • The term “soft-tissue sarcoma” includes the following:

    • Adult fibrosarcoma;

    • Alveolar soft part sarcoma;

    • Angiosarcoma (hemangiosarcoma and lymphangiosarcoma);

    • Clear cell sarcoma of tendons and aponeuroses;

    • Congenital and infantile fibrosarcoma;

    • Dermatofibrosarcoma protuberans;

    • Ectomesenchymoma;

    • Epithelioid leiomyosarcoma (malignant leiomyoblastoma);

    • Epithelioid sarcoma;

    • Extraskeletal Ewing's sarcoma;

    • Leiomyosarcoma;

    • Liposarcoma;

    • Malignant fibrous histiocytoma;

    • Malignant ganglioneuroma;

    • Malignant giant cell tumor of tendon sheath;

    • Malignant glomus tumor;

    • Malignant granular cell tumor;

    • Malignant hemangiopericytoma;

    • Malignant mesenchymoma;

    • Malignant schwannoma, including malignant schwannoma with rhabdomyoblastic differentiation (malignant Triton tumor), glandular and epithelioid malignant schwannomas;

    • Proliferating (systemic) angioendotheliomatosis;

    • Rhabdomyosarcoma;

    • Synovial sarcoma (malignant synovioma).

The following conditions do NOT have to manifest to an at least 10% evaluation to be presumptive!

Nehmer Class Members (38 CFR 3.816)

Eligible claimants are entitled to earlier Effective date(s) based on the class action lawsuit of Nehmer v. U.S. Veterans’ Admin., 712 F. Supp. 1404 (N.D. Cal. 1989).

Eligible conditions/benefits are to be backdated to the date the claim was initiated or date entitlement Arose; whichever is later. In the case of eligible claims received within a year of separation, the backdate is to either the date after separation or date entitlement arose; whichever is later.

IMPORTANT NOTES:

  • The limitation regarding liberalizing law (effective dates can be no earlier than the date of the law/policy change) does NOT apply to grants under 38 CFR 3.816!

  • The appeal does NOT need to be continuously pursued!

  • If a covered condition was later granted on Appeal via a Secondary, Direct, different Presumptive, etc. basis - the VA is allowed to reopen the issue and award an earlier effective date via 38 CFR 3.816.

  • Claims/appeals do NOT need to have named Agent Orange as the basis of the condition!

    • If for example you said originally that your lung cancer was due to radiation exposure, you can still be considered a Nehmer class member.

Eligibility

Veteran was exposed to Agent Orange and developed a covered condition or their survivor claimed entitlement to a related Death Benefit, or Survivor benefit and was DENIED from September 25, 1985 to the date BEFORE the condition became presumptive.

  • To see the list of when conditions became presumptive click HERE.

IMPORTANT NOTE:

  • ONLY Veteran’s whose Agent Orange exposure happened in Vietnam OR its waters (to include its waterways/ports (Brown and Blue Water Navy)) ARE subject to Nehmer! However, if exposure happened in a different country, Nehmer CANNOT be applied. (N.D. Cal. 2020)

Covered Conditions

Nehmer applies to the conditions named in 38 CFR 3.309(e) BESIDES chloracne. If the condition is NOT named in the regulation then till such time it is added officially, the Nehmer stipulation CANNOT be applied!

IMPORTANT NOTES:

  • When a new presumptive condition is added to 38 CFR 3.309(e), the VA is REQUIRED to review prior decisions and grant earlier effective dates as appropriate.

    • So in theory, a person would never need to file a claim for an earlier effective date…

  • By their nature, claims for conditions filed AFTER they became presumptive are NOT subject to Nehmer.

    • However, these claims are still eligible for consideration under Liberalizing law.

Example 1 (Nehmer Stipulation Applies)

Vietnam Veteran’s initial claim for lung cancer was received on October 20, 1992, and denied on December 23, 1992. Medical evidence showed a diagnosis of lung cancer in September 1992. The Veteran filed an appeal in March 2025 with evidence of the prior diagnosis.

NOTE: Lung cancer became presumptive for AO June 9, 1994.

RESULT:  SC for lung cancer is granted effective the date the initial claim was received, October 20, 1992.

Example 2 (Nehmer Stipulation Does NOT Apply)

Vietnam Veteran’s initial claim for diabetes was received on June 22, 1984, and denied on February 2, 1985. The Veteran filed an appeal on January 6, 2025. The earliest medical evidence showing a diagnosis of diabetes type II was in January 10, 1980.

NOTE: Diabetes became presumptive for AO May 08, 2001.

RESULT: SC for diabetes is granted January 6, 2024. Nehmer does not apply in this context as the original claim was denied BEFORE September 25, 1985. However, liberalizing law does still apply, as Veteran was diagnosed before the condition was presumptive.

Frequently Asked Questions

    • Sometimes the VBA makes a mistake or they are missing evidence that would indicate you are an eligible Veteran with a diagnosed condition. If this happens, it is strongly recommended that you seek out the assistance of a VSO to help you file an Appeal.

    Additionally,

    • If there is documentation that during service the Veteran's exposure was due to their own willful misconduct or that after the Veteran's separation there was a supervening condition or event that was more than likely the etiology of the disease, the Veteran may be denied service-connection.

References