Overview
In This Section |
This section contains the following topics:
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1. Developing Claims Based on Herbicide Exposure in the RVN
Introduction |
This topic contains information on developing claims based on herbicide exposure in the RVN, including
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Change Date |
March 18, 2019
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IV.ii.1.H.1.a. Requirement for Service in the RVN |
For the purposes of establishing service connection (SC) under 38 CFR 3.307(a)(6) and 38 CFR 3.309(e), service in the Republic of Vietnam (RVN) must be shown.
Reference: For more information on the definition of service in the RVN, see
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IV.ii.1.H.1.b. Time Period During Which Herbicide Exposure May Be Presumed |
Herbicide exposure in the RVN may be presumed for the period beginning on January 9, 1962, and ending on May 7, 1975.
Reference: For more information on the definition of herbicide agent, see M21-1, Part IV, Subpart ii, 2.C.3.b.
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IV.ii.1.H.1.c. Considering Qualifying Length of Service in the RVN |
There is no requirement for a specified length of service, duty, or visitation in the RVN under 38 CFR 3.307(a)(6)(iii). Any length of time in the RVN during the Vietnam era may be sufficient to establish SC for subsequently-developed diseases based on a presumption of exposure to herbicides.
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IV.ii.1.H.1.d. Overview of RVN Service Development Procedures |
The table below describes the general development procedures for verifying service when the claimant alleges service in the RVN.
Important: If at any time during the procedures above, exposure to herbicides can be verified, cease further exposure development and determine if an exam is needed or if the claim is ready for decision.
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IV.ii.1.H.1.e. When to Verify Service in the RVN |
Verify service in the RVN upon receipt of a claim for SC for a disability the claimant asserts is related to his/her (or a Veteran’s) exposure to herbicides during service in the RVN.
A Veteran must have had actual duty or visitation in the RVN or on its inland waterways to qualify for the presumption of exposure to herbicides under 38 CFR 3.307(a)(6).
Note: It is unnecessary to attempt to verify service in the RVN if a claimant specifically states he/she (or the Veteran) neither went ashore nor served on board a ship as it operated on the inland waterways of the RVN.
Reference: For more information on verifying a Veteran’s exposure to herbicides in locations other than the RVN, see M21-1, Part IV, Subpart ii, 1.H.2–7.
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IV.ii.1.H.1.f. When to Request Additional Evidence in Herbicide Claims |
It is unnecessary to issue Section 5103 notice when a Veteran files a claim for SC for a disability related to exposure to herbicides on a form that provides, or otherwise indicates he/she received the notice, such as VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits.
The table below describes situations that require a development letter in claims of herbicide exposure.
Reference: For more information about the circumstances under which it is necessary to issue Section 5103 notice, see
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IV.ii.1.H.1.g. Reviewing the Claims Folder for Proof of RVN Service |
Certain documents within the claims folder may show proof of RVN service.
See the table below for guidance on reviewing documents that may show RVN service or TDY service in the RVN between January 9, 1962, and May 7, 1975.
Important: Receipt of the Vietnam Service Medal, Vietnam Campaign Medal, Armed Forces Expeditionary Medal and/or the Vietnam Cross of Gallantry is notacceptable proof of RVN service for the purpose of proving herbicide exposure.
References: For more information on
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IV.ii.1.H.1.h. Requesting Federal Recordsof RVN Service |
If RVN service cannot be verified based on initial review of the materials in the claims folder, develop for Federal records containing proof of service in the RVN.
Use the table below to develop for Federal records containing proof of RVN service.
Important: A claim may not be denied solely because service in the RVN cannot be verified
References: For more information on
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IV.ii.1.H.1.i. When to Submit a Request to JSRRC |
Regional offices (ROs) must submit a request for verification of herbicide exposure to JSRRC using the Defense Personnel Records Information Retrieval System (DPRIS) web application when
Exception: For Veterans who served with a Marine Corps unit, follow the procedures in M21-1, Part IV, Subpart ii, 1.H.1.j.
Note: Prior to submitting a request to JSRRC for verification of herbicide exposure, the development activity must ensure all other possible avenues of verifying exposure to herbicides have been exhausted by following the development guidance in M21-1, Part IV, Subpart ii, 1.H.1.d–g.
References: For more information on
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IV.ii.1.H.1.j. Researching Marine Corps RVN Service |
JSRRC does not research Marine Corps unit records of Marine Corps Veterans or other personnel assigned to a Marine Corps unit.
Follow the steps in the table below in order to verify RVN service for a Veteran who had service with a Marine Corps unit during the Vietnam era.
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IV.ii.1.H.1.k. Documenting Herbicide Exposure |
When herbicide exposure is established, claims processors must access the Veteran’s VBMS eFolder, and edit the subject line of the relevant document(s) used to verify herbicide exposure using the following format: [location of exposure],pg. [number].
Example:
![]() Reference: For more information on editing document properties, see the VBMS User Guide.
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IV.ii.1.H.1.l. Action to Take When the Claimed Disability Is Not Recognized Under 38 CFR 3.309(e) |
The Agent Orange Act of 1991, Public Law (PL) 102-4, established a presumption of SC for Veterans with service in the RVN during the Vietnam Era who subsequently develop specific diseases to a degree of 10 percent or more.
In herbicide-related claims, if the claimed disability is not recognized as a presumptive condition under 38 CFR 3.309(e), then the development activity must send the claimant a letter using the VBMS development paragraph AO-not a recognized condition, requesting scientific or medical evidence showing that the claimed condition is medically associated with dioxin exposures.
Exception: Do not send the letter if the claimant previously submitted the evidence requested in the letter.
Reference: For a list of diseases and the date they became subject to presumptive SC under 38 CFR 3.309(e), see M21-1, Part IV, Subpart ii, 2.C.3.i.
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IV.ii.1.H.1.m. Informing the Veteran About the Agent Orange Registry Program |
If the development activity determines further development is necessary per M21-1, Part IV, Subpart ii, 1.H.1.f, the development activity should also
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IV.ii.1.H.1.n. Action to Take When the Veteran Claims Herbicide Exposure but Does Not Claim a Disability |
A claim is not substantially complete if a Veteran alleges exposure to herbicides during service but does not claim SC for a specific disability. In cases such as these, follow the procedures for handling an incomplete application at M21-1, Part I, 1.B.1.g and h.
Reference: For more information on what constitutes a substantially complete application for benefits, see
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2. Developing Claims Based on Service Aboard Ships Offshore of the RVN or on Inland Waterways
Introduction |
This topic contains information on developing claims based on service aboard ships offshore of the RVN or on inland waterways, including
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Change Date |
March 27, 2018
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IV.ii.1.H.2.a. Definition of Inland Waterways |
The Agent Orange Act of 1991 implemented under 38 CFR 3.307(a)(6)(iii) requires “duty or visitation” within the RVN, including its inland waterways, between January 9, 1962, and May 7, 1975, to establish a presumption of Agent Orange exposure.
Important: The presumption of exposure to Agent Orange requires evidence establishing duty or visitation within the RVN. Service on offshore waters does not establish a presumption of exposure to Agent Orange.
Inland waterways are fresh water rivers, streams, and canals, and similar waterways. Because these waterways are distinct from ocean waters and related coastal features, service on these waterways is service in the RVN. VA considers inland waterways to end at their mouth or junction to other offshore water features, as described below. For rivers and other waterways ending on the coastline, the end of the inland waterway will be determined by drawing straight lines across the opening in the landmass leading to the open ocean or other offshore water feature, such as a bay or inlet. For the Mekong and other rivers with prominent deltas, the end of the inland waterway will be determined by drawing a straight line across each opening in the landmass leading to the open ocean.
Note: Inland waterway service is also referred to as brown-water Navy service.
References: For more information on
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IV.ii.1.H.2.b. Definition of Offshore Waters |
Offshore waters are the high seas and any coastal or other water feature, such as a bay, inlet, or harbor, containing salty or brackish water and subject to regular tidal influence. This includes salty and brackish waters situated between rivers and the open ocean.
Note: Service in offshore waters is also referred to as blue-water Navy service.
Reference: For more information on offshore waters locations, see M21-1, Part IV, Subpart ii, 1.H.2.c.
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IV.ii.1.H.2.c. Specific Geographic Locations Determined to Be Offshore Waters |
The following locations are considered to be offshore waters of the RVN:
Important:
Reference: For more information on requesting an administrative review, seeM21-1, Part III, Subpart vi, 1.A.3.
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IV.ii.1.H.2.f. Review of Military Service Personnel Records to Verify Duty or Visitation in the RVN While Serving Aboard Ships on the RVN’s Offshore Waters or on Inland Waterways |
Follow the guidance in the table below to verify service on a ship in the offshore waters or inland waterways of the RVN.
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IV.ii.1.H.2.g. Presumption of Exposure to Herbicides With Verified Service Aboard Ships Operating on Inland Waterways |
Veterans with verified service aboard ships operating on the RVN inland waterways qualify for presumption of Agent Orange exposure according to the Agent Orange Act of 1991 implemented under 38 CFR 3.307(a)(6)(iii).
Note: Veterans are not required to state that they went ashore if the service aboard ships during the time the ships were operating on inland waterways is verified.
Reference: For more information on the definition of inland waterway, see M21-1, Part IV, Subpart ii, 1.H.2.a.
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IV.ii.1.H.2.h. Developing Claims Based on Exposure to Herbicides During Service Aboard Ships Operating on the RVN’s Offshore Waters |
When the evidence of record is not sufficient to verify a Veteran’s claim of exposure to herbicides while serving aboard a ship that operated on the offshore waters of the RVN, then develop for
References:
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IV.ii.1.H.2.i. Requesting NPRC Verification of Duty or Visitation in the RVN While Serving Aboard Ships on the RVN’s Offshore Waters or on Inland Waterways |
If the claimant’s military service personnel records are not currently in the claims folder and there is an assertion of a disability resulting from RVN duty or visitation while serving on a ship in the RVN’s offshore waters or inland waterways, follow the procedures in the table below to develop for service personnel records from the National Personnel Records Center (NPRC).
References: For more information on
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IV.ii.1.H.2.j. Researching Vietnam Naval Service Through Approved Military Sites |
The following table describes the approved sites ROs must use to attempt to verify whether the ship on which the claimant served
Note: Claims processors must ensure any records used to concede exposure are uploaded to the Veteran’s eFolder and documented as described in M21-1, Part IV, Subpart ii, 1.H.1.k.
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IV.ii.1.H.2.k. Requesting JSRRC Verification of Duty or Visitation in the RVN While Serving Aboard Ships on the RVN’s Offshore Waters or on Inland Waterways |
If a Veteran provides, or military records contain, the information JSRRC requires to determine whether a Veteran served in an area associated with herbicide exposure, the RO must submit a request for verification of herbicide exposure to JSRRC using DPRIS.
Prior to submitting a DPRIS O43 request to JSRRC for verification of herbicide exposure, or prior to determining that there is not sufficient information to obtain the assistance of JSRRC, the development activity must ensure
Important:
Notes:
Reference: For more information on submitting a request to JSRRC, see theDPRIS User Guide.
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IV.ii.1.H.2.l. Processing Claims Based on Storage of Agent Orange Aboard Navy and Coast Guard Ships |
Agent Orange was not transported, stored, or used aboard Navy or Coast Guard ships.
If a Veteran claims exposure to herbicides due to transport, storage, or use of herbicides aboard a Navy or Coast Guard ship, associate a copy of the JSRRC memorandum shown in M21-1, Part IV, Subpart ii, 1.H.2.m with the Veteran’s claims folder.
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3. Developing Claims Based on Exposure to Agent Orange for Select Air Force Personnel Through Contact With Contaminated C-123 Aircraft Used in the RVN as Part of ORH
Change Date |
March 18, 2019
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IV.ii.1.H.3.a. RO Procedure for Claims Based on Exposure to Agent Orange Through Contaminated C-123 Aircraft as Part of ORH |
The St. Paul RO generally has jurisdiction of all claims for service-connected (SC) disability or death associated with Agent Orange exposure through regular and repeated duties flying on, or maintaining, contaminated former Operation Ranch Hand (ORH) C-123 aircraft, which were used to spray Agent Orange in Vietnam. The St. Paul RO will be responsible to address all outstanding issues claimed.
Exception: For jurisdiction of claims from residents of foreign countries, see M21-1, Part III, Subpart ii, 5.A.1.
The Intake Processing Center must follow the steps in the table below when a claim based on regular and repeated contact with contaminated C-123 aircraft is received at an RO.
Reference: For more information on processing claims based on contaminated C-123 aircraft, see the C-123 Aircraft Agent Orange Exposure website.
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4. Developing Claims Based on Herbicide Exposure on the Korean DMZ
Introduction |
This topic contains information on developing claims based on herbicide exposure in the Korean DMZ, including
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Change Date |
March 27, 2018
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IV.ii.1.H.4.a.Requirements for Presumptive SC Based on Herbicide Exposure in the Korean DMZ |
Under 38 CFR 3.307(a)(6)(iv) and effective February 24, 2011, extend the presumption of herbicide exposure to any Veteran who served
Note: Before the amendment of 38 CFR 3.307(a)(6)(iv), which became effective February 24, 2011, VA conceded exposure to herbicides on a direct basis for Veterans who served between April 1968 and July 1969 in one of the groups listed under M21-1, Part IV, Subpart ii, 1.H.4.b.
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IV.ii.1.H.4.b. Units or Other Military Entities Identified by DoD as Operating in the Korean DMZ During the Qualifying Time Period |
The table below shows the units or other military entities that DoD has identified as operating in the Korean DMZ during the qualifying time period of April 1, 1968, to August 31, 1971.
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IV.ii.1.H.4.c. Requesting Records From JSRRC in Support of a Korean DMZ Herbicide Claim |
Send a request to JSRRC for verification of exposure to herbicides when
Notes:
Reference: For more information on submitting a request to JSRRC, see theDPRIS User Guide.
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5. Developing Claims Based on Herbicide Exposure in Thailand During the Vietnam Era
Introduction |
This topic contains information on developing claims based on herbicide exposure in Thailand during the Vietnam Era, including
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Change Date |
November 12, 2015
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IV.ii.1.H.5.a. Special Consideration for Claims Based on Herbicide Exposure in Thailand During the Vietnam Era |
Compensation Service has determined that a special consideration of herbicide exposure on a factual basis should be extended to Veterans whose duties placed them on or near the perimeters of Thailand military bases.
Reference: For more information on verifying exposure to herbicides in Thailand, see M21-1, Part IV, Subpart ii, 1.H.5.b.
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IV.ii.1.H.5.b. Verifying Exposure to Herbicides in Thailand During the Vietnam Era |
When a Veteran with service in Thailand during the Vietnam Era claims SC for disability based on herbicide exposure, follow the steps in the table below to verify exposure to herbicides.
Reference: For more information on Thailand military bases and herbicide exposure, see the VA Public Health Site.
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6. Developing Claims Based on Herbicide Exposure on Johnston Island
Introduction |
This topic contains information on developing claims based on herbicide exposure on Johnston Island, including
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Change Date |
August 7, 2015
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IV.ii.1.H.6.a. Overview of Herbicide Storage on Johnston Island |
Herbicides were stored in drums on Johnston Island in the North Pacific between April 1972 and September 1977. Because military contractors were responsible for the inventory, few military personnel who served on Johnston Island had duties involving the direct handling of herbicides.
If a Veteran alleges exposure to herbicides during service on Johnston Island, obtain verification of exposure on a factual basis.
Reference: For more information on verifying exposure to herbicides on a factual basis, see M21-1, Part IV, Subpart ii, 1.H.7.
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IV.ii.1.H.6.b. Fact Sheet: Herbicide Storage on Johnston Island |
Below is a fact sheet on the storage of the herbicide Agent Orange on Johnston Island.
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7. Developing Claims Based on Herbicide Exposure in Other Locations
Change Date |
March 27, 2018
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IV.ii.1.H.7.a. Verifying Herbicide Exposure on a Factual Basis in Other Locations |
Follow the steps in the table below to verify potential herbicide exposure on a factual basis when the Veteran alleges exposure in locations other than the RVN, Korean DMZ, or Thailand.
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8. Claims for Benefits Based on Birth Defects Due to Herbicide Exposure
Change Date |
August 7, 2015
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IV.ii.1.H.8.a. Considering Claims for Benefits Based on Birth Defects |
Claims for
Important: The law limits the birth defects for which VA may pay benefits. Do not award compensation for the following conditions on the basis that SC for these conditions is not authorized by law:
Reference: For more information on claims for benefits for birth defects from children of Vietnam Veterans, see
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9. Other Development Procedures for Claims Under the Nehmer Stipulation for Disabilities Resulting From Exposure to Herbicides
Introduction |
This topic contains information on developing claims under the Nehmer stipulation for disabilities resulting from exposure to herbicides, including
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Change Date |
August 26, 2016
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IV.ii.1.H.9.a.Development Actions Following Claims Folder Review |
Development actions following a Nehmer claims folder review may include development for
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IV.ii.1.H.9.b. EP Control of Claims Under the Nehmer Stipulation |
Control all Nehmer claims as instructed in the table below.
Important: Any subsequent claims received after establishment of the appropriateNehmer EP will be worked under a separate, appropriate EP, whether rating or non-rating.
Reference: For more information on peripheral neuropathy for Nehmer purposes, see M21-1, Part IV, Subpart ii, 2.C.3.j.
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IV.ii.1.H.9.c. Information to Include in Nehmer Development Letters to the Veteran |
When readjudication of a claim under the Nehmer stipulation requires development to the Veteran, letters to the Veteran should include notification that
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IV.ii.1.H.9.d. Scheduling an Examination for a Nehmer Claim |
The mere passage of time since a VA examination was completed does not automatically require VA to provide a new medical examination, as stated in Palczewski v. Nicholson, 21 Vet.App. 174, 182 (2007). The determination of whether an examination is warranted is made on a case-by-case basis primarily focused on whether the evidence of record is adequate for rating purposes and accurately reflects the overall disability picture.
Important: When entering an examination request, notify the VA medical facility in the Remarks section that the claim is a Nehmer case and should not be canceled due to incorrect jurisdiction.
Reference: For more information on requesting examinations, see M21-1, Part III, Subpart iv, 3.A.
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IV.ii.1.H.9.e. Returned Mail Procedures for Claims Based on the Nehmer Stipulation |
Upon receipt of mail that has been returned as undeliverable pertaining to aNehmer claim
Important: Document all efforts to locate a payee on VA Form 27-0820, Report of General Information, summarizing each action taken to identify a current address. If VA attempted to locate multiple payees, a separate VA Form 27-0820shall be completed for each payee with a summary for each individual. After completion, the claim shall be forwarded to the rating activity for a decision based on the evidence of record, if one is not yet completed.
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10. JSRRC Formal Findings Based on Thailand Service
Introduction
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This topic contains information on completing the JSRRC formal finding in Thailand cases, including
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Change Date
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March 27, 2018
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IV.ii.1.H.10.a. Formal Findings That VA Lacks the Information JSRRC Requires to Verify Herbicide Exposure in Thailand |
If a claimant fails to provide the information the JSRRC requires to determine whether a Veteran served in Thailand and was exposed to herbicides, the RO’s JSRRC Coordinator must prepare a formal finding that documents this fact.
Before preparing the formal finding, the JSRRC Coordinator must review the Veteran’s claims folder to confirm the RO
Note: When herbicide exposure is claimed based on locations other than Thailand, a JSRRC formal finding is not required.
References: For more information on the
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IV.ii.1.H.10.b. Completing a Thailand Herbicide Formal Finding |
The formal finding referenced in M21-1, Part IV, Subpart ii, 1.H.10.a must
When preparation of the formal finding is complete, add it to the Veteran’s claims folder.
Note: It is not necessary to contact the Veteran by telephone to
Reference: For more information on electronically signing a formal finding, seeM21-1, Part III, Subpart v, 1.A.3.e.
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IV.ii.1.H.10.c. Template for Documenting a Thailand Herbicide Formal Finding |
Use the template below to document a formal finding that VA lacks the information the JSRRC requires to determine a Veteran’s service in Thailand.
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