Agent Orange (AO)
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 |
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.
*This includes 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.
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 have also reached a severity rate an evaluation of at least 10% within that year of last exposure to be presumptive!
The following conditions do NOT have to manifest to an at least 10% evaluation to be presumptive!
Presumptive Diseases Continued
The Veteran may develop any of these diseases at any point before their death; HOWEVER the condition(s) MUST evaluate to at least 10%!
All chronic B-cell leukemias (including, but not limited to, hairy-cell leukemia and chronic lymphocytic leukemia);
Ischemic heart disease (including, but not limited to, Acute, subacute, and old myocardial infarction; Arteriosclerotic cardiovascular disease; Atherosclerotic cardiovascular disease including Coronary artery disease (including coronary spasm) and Coronary bypass surgery; and Stable, unstable and Prinzmetal's angina;
Respiratory cancers (lung, bronchus, larynx, and trachea);
Soft-tissue sarcoma (NOT Including: osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma);
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).
Frequently Asked Questions
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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.