Agent Orange (AO)
- Exposure is presumed if you served in Vietnam, Thailand, Korea DMZ, or other covered locations during specific dates
- 20+ conditions are presumptive including diabetes, heart disease, Parkinson's, and multiple cancers
- Nehmer class members may be entitled to earlier effective dates (more backpay) for previously denied claims
- Blue Water Navy veterans who served within 12 nautical miles of Vietnam are now covered
Congress has recognized that Veterans exposed to herbicide agents (Agent Orange) during military service are more likely to develop certain diseases. If you served in a covered location during the specified timeframe, exposure is presumed — you don't need to prove it.
Rare exception: If there's definitive evidence you were NOT exposed to Agent Orange during service, presumptive status will be denied. This situation is extremely unusual.
Eligibility
Eligibility is based on where and when you served:
| Location | Dates |
|---|---|
| Republic of Vietnam* | January 9, 1962 – May 7, 1975 |
| Korean DMZ (in or near) | September 1, 1967 – August 31, 1971 |
| Thailand (any U.S. or Royal Thai military base) | January 9, 1962 – June 30, 1976 |
| Laos | December 1, 1965 – September 30, 1969 |
| Cambodia (Mimot or Krek, Kampong Cham Province) | April 16, 1969 – April 30, 1969 |
| Guam (including territorial waters) | January 9, 1962 – July 30, 1980 |
| American Samoa (including territorial waters) | January 9, 1962 – July 30, 1980 |
| Johnston Atoll (or ship that called there) | January 1, 1972 – September 30, 1977 |
C-123 Aircraft Exposure
You may also qualify if you served on Active Duty or as a Reservist in an Air Force unit where C-123 aircraft with Agent Orange residue was assigned, AND you had repeated contact with the aircraft due to flight, ground, or medical duties.
Non-Presumptive Locations
Some locations stored, destroyed, or tested Agent Orange but are NOT presumptive. However, if you can show exposure was "at least as likely as not," the VA CAN concede exposure.
Evidence that may help:
- Personnel records showing assignment + MOS linked to AO handling
- Evaluations mentioning AO storage, destruction, or testing
- Medical records showing treatment after exposure
Presumptive Diseases
Conditions with 1-Year Manifestation Requirement
These must develop within ONE year of last possible exposure AND reach at least 10% severity within that year:
- Chloracne (or other acneform disease consistent with chloracne)
- Early-onset peripheral neuropathy
- Porphyria cutanea tarda
Conditions That Can Manifest Anytime
These can develop at any point before death, but must have reached at least 10% severity at some point:
*Ischemic heart disease includes: Coronary artery disease, heart attacks, angina, and coronary bypass surgery. Does NOT include peripheral vascular disease or stroke.
**Soft-tissue sarcoma includes 24 specific types (fibrosarcoma, liposarcoma, etc.) but NOT osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma.
Conditions with NO 10% Requirement
These do NOT need to manifest to 10% severity to be presumptive:
- Bladder cancer
- Hypertension
- Hypothyroidism
- Monoclonal Gammopathy of Undetermined Significance (MGUS)
- Parkinsonism
Nehmer Class Members
The Nehmer v. U.S. Veterans' Admin. class action lawsuit entitles eligible claimants to earlier effective dates (more backpay) under 38 CFR 3.816.
Vietnam exposure only: Nehmer ONLY applies if your Agent Orange exposure happened in Vietnam or its waters (including Brown and Blue Water Navy). Exposure in other countries does NOT qualify for Nehmer benefits.
Who Qualifies as a Nehmer Class Member?
You qualify if:
- You were exposed to Agent Orange in Vietnam
- You developed a covered condition (now presumptive)
- Your claim was DENIED between September 25, 1985 and the date BEFORE the condition became presumptive
- Effective date goes back to original claim date (or date entitlement arose)
- The 1-year liberalizing law limitation does NOT apply
- The appeal does NOT need to have been continuously pursued
- Your original claim didn't need to mention Agent Orange
Nehmer Examples
Example 1: Nehmer APPLIES
Situation: Vietnam Veteran's lung cancer claim received October 20, 1992, denied December 23, 1992. Medical evidence showed lung cancer diagnosis in September 1992. Veteran files appeal in March 2025.
Note: Lung cancer became presumptive June 9, 1994.
Result: Service connection granted effective October 20, 1992 (original claim date).
Example 2: Nehmer does NOT apply
Situation: Vietnam Veteran's diabetes claim received June 22, 1984, denied February 2, 1985. Veteran files appeal January 6, 2025. Earliest diagnosis was January 10, 1980.
Note: Diabetes became presumptive May 8, 2001.
Result: Service connection granted January 6, 2024. Nehmer doesn't apply because the original denial was BEFORE September 25, 1985. (Liberalizing law may still apply.)
Example 3: Hidden Nehmer eligibility (IMPORTANT!)
Situation: Vietnam Veteran files claim for jaw pain June 4, 2008. Medical records submitted show coronary artery disease diagnosed May 10, 1999. Veteran files CAD claim December 5, 2020.
Note: Coronary artery disease became presumptive August 31, 2010.
Result: Service connection for CAD granted effective June 4, 2008 — the date of the earlier claim that had evidence of the diagnosis on record.
Most raters will MISS this! If ANY claim/appeal decision after September 25, 1985 had medical evidence showing a diagnosis of a condition that LATER became presumptive, that date can be used — even if the condition wasn't being claimed at the time.
Conditions Covered by Nehmer
All conditions in 38 CFR 3.309(e) EXCEPT chloracne. Currently, hypertension and MGUS are also NOT Nehmer-eligible.