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M21-1, Part IV, Subpart ii, Chapter 1, Section H – Developing Claims for Service Connection (SC) Based on Herbicide Exposure

Overview

In This Section
This section contains the following topics:
Topic
Topic Name
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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

Change Date
March 18, 2019

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

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.

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.

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.
Step
Action

1
Review the claim for the specific contention of exposure.
Important:  If the claimant has provided specifics about service in a location other than RVN, such as Thailand or Korea, follow the procedures specific to that location.
2
Review the claims folder for proof of RVN service as detailed in M21-1, Part IV, Subpart ii, 1.H.1.g.
Note:  If the Veteran served aboard a ship, follow the procedures outlined in M21-1, Part IV, Subpart ii, 1.H.2.
3
If RVN service is not established based on available records, request any necessary military records as detailed in M21-1, Part IV, Subpart ii, 1.H.1.h.
4
Take one of the actions in the following table.
If …
Then …
military records establish service in the RVN
  • concede exposure
  • document exposure in accordance with the procedures in M21-1, Part IV, Subpart ii, 1.H.1.k
  • proceed with all other required development
  • when development is complete, refer the claim to the rating activity, and
  • proceed no further.
  • the claimant provides specific dates and locations of exposure (unrelated to temporary duty (TDY)), but
  • military records donot establish service in the RVN or other area associated with herbicide exposure
submit a request to U.S. Army and Joint Services Records Research Center (JSRRC) or research Marine Corps unit records.
References:  For more information on
  • the claimant alleges specific dates of TDY service in the RVN, and
  • service records do not support the allegation
Exception:  If the claimant has not provided specific dates of TDY service, follow the development procedures outlined in M21-1, Part IV, Subpart ii, 1.H.1.f.
  • proceed with all other required development
  • when development is complete, refer the claim to the rating activity, and
  • proceed no further.
Reference:  For more information on developing for service records for TDY RVN service, see M21-1, Part IV, Subpart ii, 1.H.1.h.
  • the claimant alleges service in the RVN, but
  • neither the claim nor the service records detail specific dates of RVN service
  • military records do not establish service in the RVN or other location where herbicide exposure can be established, and
  • the claimant has notprovided specifics about how or when exposure occurred
5
After sending the necessary development letter, take one of the actions in the table below.
If the claimant …
Then …
provides details of service in the RVN
return to Step 4.
  • does not respond, or
  • fails to provide sufficient details
refer the case to the rating activity.
provides details of service in a location other than the RVN
follow the procedures specific to that location.
Reference:  For more information on additional development procedures based on service
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.

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.

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.
If the …
Then send a subsequent Veterans Benefits Management System (VBMS) development letter using the …
claimed disability is not covered under38 CFR 3.309(e)
AO–not a recognized conditionparagraph.
claimant fails to provide specifics of how or where exposure occurred
AO–Exposure General Noticeparagraph.
  • claimant alleges service in the RVN, but
  • service records do not support RVN service
Exception:  If the claimant has already provided specific dates of TDY or other service in the RVN, do not send a subsequent development letter.
AO–submit evidence of Vietnam serviceparagraph.
Reference:  For more information about the circumstances under which it is necessary to issue Section 5103 notice, see

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.
Review …
For …
all certified DD Forms 214,Certificate of Release or Discharge from Active Duty
  • entries such as Foreign Service: Republic of Vietnam, or
  • a separating station/last duty assignment in the RVN.
military personnel records, including the DA Form 20, Enlisted Qualification Record
  • verification of service locations
  • any travel or flight orders
  • any statements in performance evaluations related to travel or flights, and
  • any TDY orders.
service treatment records (STRs) and dental records
treatment in the RVN with particular attention to Army Post Office (APO) numbers, which may be associated with a location in which the presumption of herbicide exposure applies.
Reference:  For a list of APO address numbers for the Asian Pacific Theater during the Vietnam Era, see the document titled General 1942-2002 APO-FPO Files (within the General Informationfolder) on Compensation Service’s Stressor Verification website.
Note:  The listing of APO-FPO addresses begins on page 4998.
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.
  • The Vietnam Service Medal was given to service members who were stationed on ships offshore or flew high altitude missions over the RVN as well as those who served in Thailand.
  • The Armed Forces Expeditionary Medal was awarded by all branches of the service during the years before 1965 and may indicate duty or visitation in Vietnam.  If a Veteran was awarded this medal, carefully review the records for documentation of travel or TDY orders to Vietnam.
  • The Vietnam Cross of Gallantry was awarded by the Vietnamese Government to all units subordinate to Military Assistance Command (MACV) and the Army Vietnam, regardless of their physical presence in the RVN.  Since this is a unit-level citation and not an individual citation, receipt of this medal alone is not acceptable proof of service in the RVN.

References:  For more information on

  • RVN service in regards to Veterans who flew military missions over the RVN but never actually landed in country, see VAOPGCPREC 7-1993, and
  • select Air Force personnel who had contact with contaminated C-123 aircraft used in the RVN, see M21-1, Part IV, Subpart ii, 1.H.3.

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.
If the Veteran claims … And the claims folder is … Then …
to have been stationed in the RVN an electronic claims folder (eFolder)
submit a request through the Personnel Information Exchange System (PIES), using request code O50.
Note:  Do not resubmit a PIES O50 request if already submitted and received under prior claims development.
a paper claims folder
submit a request through PIES, using request code O34.
Note:  If the response to the PIES O34 request is negative, request the entire personnel record using the PIES O18 code.
TDY service in the RVN
an eFolder
submit a request through PIES, using request code O50.
Note:  Do not resubmit a PIES O50 request if already submitted and received under prior claims development.
a paper claims folder submit a request through PIES, using request code O39.
Important:  A claim may not be denied solely because service in the RVN cannot be verified
  • until the end of the initial 30-day and 15-day follow-up response periods, and/or
  • all requested Federal records needed to verify service in the RVN have been received or a formal response has been received indicating the records are unavailable.
References:  For more information on

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
  • a Veteran provides, or military records contain, the information JSRRC requires, but
  • service records do not confirm the Veteran served in an area associated with herbicide exposure.
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
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.
Step
Action
1
Research Marine Corps unit records covering the Vietnam Era through the Stressor Verification page.
2
Was service in Vietnam confirmed based on the research performed in Step 1?
3
Submit a request to National Archives and Records Administration (NARA) for Vietnam era Marine Corps unit records to the following address:
National Archives and Records Administration
Attention: Modern Military Records
8601 Adelphi Road
College Park, MD 20740-6001
Note:  In the request, provide
  • a point of contact
  • adequate identifying information, to include the Veteran’s full name and Social Security number
  • the most specific date(s), at minimum the month and year, during which the RVN service occurred, and
  • the designation of the Veteran’s unit of assignment at the time of the RVN service down to the lowest possible level.
Example:  Charlie Company, 1st Battalion, 6th Marines, 2nd Marine Division
4
Establish a VBMS custom tracked item, CONFIRM RVN SVC, TO NARA, with a 30-day suspense time.
Reference:  For more information on establishing tracked items and special issues in VBMS, see

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:
Image of a VBMS eFolder subject line of a document used to verify herbicide exposure.
Reference:  For more information on editing document properties, see the VBMS User Guide.

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.

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
  • inform the Veteran of the availability of hospital examinations and treatment as part of the Agent Orange Registry program, and
  • if the Veteran has already had the herbicide examination or been treated for herbicide exposure, request that the Veteran submit
    • a copy of the examination or treatment report, or
    • the name of the Department of Veterans Affairs (VA) facility performing the examination or treatment so that a copy of the report may be associated with the claims folder.

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

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

 Change Date
 March 27, 2018

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

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.

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:
  • Da Nang Harbor
  • Nha Trang Harbor
  • Qui Nhon Bay Harbor
  • Cam Ranh Bay Harbor
  • Vung Tau Harbor, and
  • Ganh Rai Bay.
Important:
  • RO staff are not authorized to independently determine that any particular coastal feature, such as bay, harbor, or inlet, is an inland waterway.  RO staff unclear on the status of a particular body of water may, in accordance with established procedures, submit the claim to Compensation Service for administrative review.
  • VA previously extended the presumption of exposure to herbicides to Veterans serving aboard Navy and other vessels that entered Qui Nhon Bay Harbor or Ganh Rai Bay.  In the interest of maintaining equitable claim outcomes among shipmates, VA will continue to extend the presumption of exposure to Veterans who served aboard vessels that entered Qui Nhon Bay Harbor or Ganh Rai Bay during specified periods that are already on VA’s “ships list.”  VA will no longer add new vessels to the ships list, or new dates for vessels currently on the list, based on entering Qui Nhon Bay Harbor or Ganh Rai Bay or any other offshore waters.
Reference:  For more information on requesting an administrative review, seeM21-1, Part III, Subpart vi, 1.A.3.

IV.ii.1.H.2.d.  Specific Geographic Locations Determined to Be Inland Waterways
The following locations meet the criteria for inland waterways of the RVN:
  • all rivers, from their mouth on the coast, or junction with adjoining coastal water feature, and throughout upstream channels and passages within Vietnam
    • Rivers ending in bays or other offshore water features on the coastline end at a notional boundary line drawn across the junction between the river and the offshore water feature.
    • The Mekong River and other rivers with prominent deltas begin at a line drawn across the mouth of each inlet on the outer perimeter of the landmass of the delta.
  • all streams
  • all canals, and
  • all navigable waterways inside the perimeter of land-type vegetation (e.g., trees and grasses, but not seaweed or kelp).  This is particularly applicable to marshes found in the Rung Sat Special Zone and other Vietnam coastal areas.

IV.ii.1.H.2.e.  Tracking Claims Based on Service Aboard Ships on the RVN’s Offshore Waters
For all initial claims based on service aboard ships on the RVN’s offshore waters or inland waterways establish the Blue Water Navy flash.
Reference:  For more information on the use of flashes, see

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.
Step
Action
1
Review military service personnel records for
  • the ship on which the Veteran served in the waters offshore of the RVN, and/or
  • any service involving duty or visitation on land in the RVN.
2
Search the Vietnam Era Navy Ship Agent Orange Exposure Development Site to verify whether the ship on which the claimant served
  • traveled on inland waterways
  • docked to a pier or the shore of the RVN, or
  • sent crew ashore.
Reference:  For more information on using the resources available on this site, see M21-1, Part IV, Subpart ii, 1.H.2.j.
3
Accept the Veteran’s statement that he/she went ashore from a ship as evidence of presumptive exposure to herbicides if there is evidence that the Veteran’s ship
  • docked to the shore of the RVN, or
  • sent crew members ashore, and
  • the claimant was stationed aboard the ship at that time.
Important:  The presumption of herbicide exposure extends to any Veteran who served aboard a ship that entered inland waterways.
4
Can duty or visitation in the RVN be conceded based on the above steps?
Important:  Service on a ship operating on the RVN’s inland waterways constitutes duty or visitation in the RVN.

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.

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
  • evidence showing the ship
    • operated temporarily on the RVN inland waterways
    • docked on the shores or piers of the RVN, or
    • sent crew ashore
  • evidence placing the Veteran onboard the ship at the time the ship
    • operated on inland waterways
    • docked to the shore or pier, or
    • sent crew ashore, and
  • the Veteran’s statement as to whether he/she went ashore, if the evidence shows the ship docked to the shore or pier or that crew members were sent ashore.
References:

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).
If the claims folder is …
Then …
an eFolder
submit a request through PIES, using request code O50.
Note:  Do not resubmit a PIES O50 request if already submitted and a response has been received under prior claims development.
a paper claims folder
submit a request through PIES, using request code O18.
References:  For more information on

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
  • traveled on inland waterways
  • docked to a pier or the shore of the RVN, or
  • sent crew ashore.
Website
Information Available
Includes summary histories of U.S. Navy ships, including any deployments in support of operations in the RVN. These histories sometimes show inland waterway service.
Important:  If a ship was deployed to Vietnam, ROs must follow procedures as discussed in M21-1, Part IV, Subpart ii, 1.H.2.f to determine if herbicide exposure can be conceded.
Contains the histories of all attack squadrons (“VA” prefix) and strike fighter squadrons (“VFA” prefix), for Navy flight personnel who state they served with a unit in the RVN.
Important:  If evidence shows a detachment of the squadron deployed to the RVN while the Veteran was assigned to the squadron, and the Veteran provides a lay statement of RVN service with the squadron, then concede service in the RVN.
A list of naval bases and support activities located in the RVN.
Important:  In addition to service aboard ships, Naval personnel were assigned to bases in the RVN.  If a Veteran’s military records show service at one of these locations, the service qualifies as in-country service.
An ongoing project by NARA to digitize deck logs.  Contains a partial list of log books for Navy ships from the Vietnam era.
Important:
  • This site has limited functionality to assist with narrowing a search for relevant records.  If a search of the deck logs on this site cannot be completed efficiently, such as when only a limited date range of potential exposure is known, proceed with sending a request to JSRRC as described inM21-1, Part IV, Subpart ii, 1.H.2.k.
  • Concede herbicide exposure if the deck logs note a ship’s operations included inland waterway service as defined in M21-1, Part IV, Subpart ii, 1.H.2.a.
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.

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
  • 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.2.f–j
  • the Veteran has identified a cumulative 60-day time frame for docking or inland waterway travel which may include different dates as long as the cumulative number of days does not exceed 60 days, and
  • the service department has been unable to provide verification that the Veteran went ashore or traveled on inland waterways.

Important:

  • In conducting the development above, review all evidence relating to the Veteran’s service (not just what he/she may provide in response to VA requests) and glean dates of service in Vietnam waters from the records to the extent possible.
  • The DPRIS O43 request to JSRRC must include the following information
    • the name and hull number of the ship, such as U.S. Ship (USS) Galveston (CLG-3), and
    • the dates during which the ship
      • traveled on inland waterways
      • docked to shore or pier, or
      • sent crew members ashore.
  • If a JSRRC response, or other documentation, shows that the Veteran’s ship may meet the criteria for addition to the VA Ships List, forward that evidence to VAVBAWAS/CO/211/AGENTORANGE for consideration.
Notes:
  • Concede exposure to herbicides on a presumptive basis if the
    • Veteran’s unit history shows RVN in-country service, consistent with the Veteran’s dates of assignment to that unit, and
    • Veteran provides a lay statement of personal in-country service.
  • If there is not sufficient information to request the assistance of JSRRC, proceed with all other required development and, once complete, refer the claim to the rating activity.
Reference:  For more information on submitting a request to JSRRC, see theDPRIS User Guide.

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.

IV.ii.1.H.2.m.  Mandatory Claims Folder Documentation for Veterans Claiming Herbicide Exposure Aboard a Ship in Offshore Waters
When a Veteran claims exposure to herbicides during service aboard a ship in offshore waters based on shipboard herbicide transportation, storage, or use, associate a copy of the JSRRC memorandum provided below with the Veteran’s claim folder.
DEPARTMENT OF THE ARMY
U.S. ARMY & JOINT SERVICES RECORDS RESEARCH CENTER
7701 TELEGRAPH ROAD
KINGMAN BUILDING, ROOM 2C08
ALEXANDRIA, VA 22315-3828

AAHS-RDC

01 May 09

MEMORANDUM FOR RECORD

SUBJECT:  Joint Services Records Research Center Statement on Research Findings Regarding Navy and Coast Guard Ships During the Vietnam Era

1. In the course of its research efforts, JSRRC has reviewed numerous official military documents, ships histories, deck logs, and other sources of information related to Navy and Coast Guard ships and the use of tactical herbicide agents, such as Agent Orange, during the Vietnam Era.

2. To date, JSRRC has found no evidence that indicates Navy or Coast Guard ships transported tactical herbicides from the U.S. to the Republic of Vietnam or that ships operating off the coast of Vietnam used, stored, tested, or transported tactical herbicides.  Additionally, JSRRC cannot document or verify that a shipboard Veteran was exposed to tactical herbicides based on contact with aircraft that flew over Vietnam or equipment that was used in Vietnam.

3. Therefore, JSRRC can provide no evidence to support a Veteran’s claim of exposure to tactical herbicide agents while serving aboard a Navy or Coast Guard ship during the Vietnam era.

                                                 /s/
  Domenic A. Baldini
                                                 Director
Note:  Association of the JSRRC memorandum with the claims folder will
  • substitute for individual inquiries to the Compensation Service Agent Orange mailbox and to JSRRC, and
  • establish that JSRRC has no evidence to support a claim of herbicide exposure during shipboard service.

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

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.
Step
Action
1
Review the claim for Agent Orange and/or C-123 annotation.
2
Establish the proper end product (EP) with the C-123 flash.
3
Attach the C-123 special issue contention for each of the presumptive disabilities claimed.
4
Forward the claim to the St. Paul RO for processing.
Reference:  For more information on processing claims based on contaminated C-123 aircraft, see the C-123 Aircraft Agent Orange Exposure website.

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

Change Date
March 27, 2018

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
  • in a unit determined by VA or the Department of Defense (DoD) to have operated in the Korean DMZ, and
  • between April 1, 1968, and August 31, 1971.
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.

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.
Major Command Assignment
Unit/Military Entity
  • Combat Brigade of the 2ndInfantry Division, or
  • 3rd Brigade of the 7th Infantry Division
Note:  Although the units are listed as subunits of either the 2nd or 7th Infantry Divisions, they generally operated independently and may have been attached to either infantry division.
  • 1st Battalion, 12th Artillery
  • 1st Battalion, 15th Artillery
  • 1st Battalion, 9th  Infantry
  • 1st Battalion, 17th Infantry
  • 1st Battalion, 23rd Infantry
  • 1st Battalion, 31st Infantry
  • 1st Battalion, 32nd Infantry
  • 1st Battalion, 38th Infantry
  • 1st Battalion, 72nd Armor
  • 1st Battalion, 73rd Armor
  • 2nd Battalion, 9th Infantry
  • 2nd Battalion, 17th Infantry
  • 2nd Battalion, 23rd Infantry
  • 2nd Battalion, 31st Infantry
  • 2nd Battalion, 32nd Infantry
  • 2nd Battalion, 38th Infantry
  • 2nd Battalion, 72nd Armor
  • 2nd Squadron, 10th Cavalry
  • 3rd Battalion, 23rd Infantry
  • 3rd Battalion, 32nd Infantry
  • 5th Battalion, 38th Artillery
  • 6th Battalion, 37th Artillery, or
  • 7th Battalion, 17th Artillery.
Division Reaction Force
4th Squadron, 7th Cavalry.
Other
  • 2nd Military Police Company, 2nd Infantry Division
  • 2nd Engineer Battalion, 2ndInfantry Division
  • 13th Engineer Combat Battalion
  • United Nations Command Security Battalion-Joint Security Area (UNCSB-JSA)
  • Crew of the USS Pueblo, or
  • 25th Chemical Company, 2nd Infantry Division.

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
  • a Veteran claims exposure in Korea, and
  • he/she did not have service between April 1, 1968, and August 31, 1971, in a unit or entity listed in M21-1, Part IV, Subpart ii, 1.H.4.b.
Notes:
  • If the claim and available records do not provide sufficient details of the Veteran’s Korean DMZ service, send a subsequent development letter to the claimant and allow 30 days for a response.
  • Request and review all available military records prior to submitting a request to JSRRC for verification of herbicide exposure.
  • If the Veteran fails to provide sufficient information to complete a JSRRC request, refer the claim to the rating activity.
Reference:  For more information on submitting a request to JSRRC, see theDPRIS User Guide.

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

Change Date
November 12, 2015

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.

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.
Step
Action
1
Did the Veteran serve in the Air Force in Thailand during the Vietnam Era
  • at one of the following Royal Thai Air Force Bases (RTAFBs)
    • U-Tapao
    • Ubon
    • Nakhon Phanom
    • Udorn
    • Takhli
    • Korat, or
    • Don Muang, and
  • as an Air Force
    • security policeman
    • security patrol dog handler
    • member of the security police squadron, or
    • otherwise near the air base perimeter as shown by evidence of daily work duties, performance evaluation reports, or other credible evidence?
  • If yes, concede herbicide exposure on a direct/facts-found basis.
  • If no, proceed to Step 2.
Notes:
  • Concede herbicide exposure on a direct or facts-found basis for Army Veterans who served on RTAFBs in Thailand if the Veteran
    • provides a statement that he was involved in perimeter security duty, and
    • there is additional credible evidence supporting this statement.
  • Army personnel may have provided RTAFB security early in the war before the base was fully operational.
2
Did the Veteran serve at a U.S. Army Base in Thailand during the Vietnam Era
  • as a member of a military police unit, or
  • with a military police occupational specialty?
  • If yes, concede exposure to herbicides on a facts-found or direct basis if the Veteran states his duty placed him at or near the base perimeter.
  • If no, go to Step 3.
3
Ask the Veteran for the approximate dates, location, and nature of the alleged exposure.
4
Did the Veteran furnish this information within 30 days?
  • If yes, proceed to Step 5.
  • If no,
    • refer the case to the JSRRC coordinator to make a formal finding that sufficient information required to verify herbicide exposure does not exist  (Note:  For a sample of a formal finding, see M21-1, Part IV, Subpart ii, 1.H.10.c.), and
    • decide the claim based on the evidence of record, ensuring the rating decision and decision notice adequately explain the basis of the decision.
5
Review the information provided by the Veteran and proceed to Step 6.
6
Can exposure to herbicides be acknowledged on a direct or facts-found basis as a result of this review?
  • If yes, proceed with any other necessary development before referring the claim to the rating activity.
  • If no, proceed to Step 7.
7
Has the Veteran provided sufficient information to permit a search by JSRRC?
  • If yes, send a request to JSRRC for verification of exposure to herbicides.
  • If no,
    • refer the case to the JSRRC coordinator to make a formal finding that sufficient information required to verify herbicide exposure does not exist  (Note:  For a sample of a formal finding, see M21-1, Part IV, Subpart ii, 1.H.10.c), and
    • decide the claim based on the evidence of record, ensuring the rating decision and decision notice adequately explain the basis of the decision.
References:  For more information on
Reference:  For more information on Thailand military bases and herbicide exposure, see the VA Public Health Site.

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

Change Date
August 7, 2015

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.

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.
FACT SHEET:  STORAGE OF AGENT ORANGE ON JOHNSTON ISLAND
  • Approximately 1.5 million gallons of Agent Orange (AO) were stored on Johnston Island (JI) between April 1972 and September 1977, when it was incinerated at sea.
  • There were approximately 25 thousand 55-gallon drums stored in rows stacked three high on about 3.5 acres on the northwest corner of the island.  The storage location was selected because the east-to-west trade winds would rapidly disburse any airborne AO into the Pacific.
  • Military contractors (not U.S. military personnel) were solely responsible for site monitoring and redrumming and dedrumming activities.  The storage area was fenced and off limits from a distance.
  • The entire inventory of AO was screened for leaks daily.  Leaking drums were re-drummed on a weekly basis.  Fresh spillage was absorbed, and surface soil was scraped and sealed.
  • Leakage of drums began in 1974.  Between 1974 and 1977, the equivalent of the contents of 405 drums was leaked.
  • The floor of the storage site was comprised of dense coral.  Because of the composition and properties of coral, leaked AO was literally bound to the coral, providing little opportunity for AO to become airborne.
  • A 1974 Air Force report found that the condition of the storage area provided evidence of the rapid identification of leaking drums, as few spill areas were observed.
  • Soil samples in 1974 revealed that herbicide contamination was not detected outside of the storage yard except in close proximity to the redrumming operation.
  • Water samples were collected and analyzed twice per month from 10 different locations.
  • A 1978 Air Force Land Based Environmental Monitoring study concluded that no adverse consequences of the minimal release of AO into the JI environment during the dedrumming operation were observed.  The report further stated that “exposure to (land-based operations) workers to airborne 2,4-D and 2,4,5-T were well below permissible levels.”

7.  Developing Claims Based on Herbicide Exposure in Other Locations

Change Date
March 27, 2018

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.
Step
Action
1
If the claimant did not provide approximate dates, location(s), and nature of the alleged exposure to herbicides, send a subsequent development letter and include the VBMS AO – Exposure General Notice paragraph.  Allow the Veteran 30 days to submit the requested information.
2
After 30 days, did VA receive this information?
  • If yes, go to Step 3.
  • If no,
    • refer the case to the rating activity, and
    • proceed no further.
3
  • Send an e-mail with the dates, location, and circumstances of claimed herbicide exposure to Compensation Service atVAVBAWAS/CO/211/AGENTORANGE, and
  • request a review of DoD’s inventory of herbicide operations to determine whether herbicides were used as claimed.
Important:
  • Do not include the Veteran’s personally identifiable information (PII) in the e-mail.
  • If there are special circumstances where PII may be needed, note this in the e-mail inquiry, and you will be contacted for details.
Exception:  If in response to the letter sent in Step 1 above, the Veteran provided an allegation of service in the RVN, Korean DMZ, or Thailand, follow the procedures relevant to those claims.
4
Did Compensation Service confirm that herbicides were used as claimed?
  • If yes, determine whether SC is otherwise in order.
  • If no, go to Step 5.
5
Has the Veteran provided sufficient information to permit a search by JSRRC?
  • If yes, send a request to JSRRC for verification of exposure to herbicides.
  • If no, refer the claim to the rating activity.
Reference:  For more information on the specific information required to submit a JSRRC request, see M21-1, Part III, Subpart III, 2.I.4.b.

8.  Claims for Benefits Based on Birth Defects Due to Herbicide Exposure

Change Date
August 7, 2015

IV.ii.1.H.8.a.  Considering Claims for Benefits Based on Birth Defects
Claims for
  • benefits for a child with spina bifida and other birth defects, to include development procedures, are discussed in M21-1, Part VI, and
  • additional benefits for natural children born with certain birth defects to female Vietnam Veterans have been authorized under PL 106-419.
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:
  • birth defects resulting from a familial disorder
  • a birth-related injury, or
  • a fetal or neonatal infirmity, with well-established, unrelated causes.
Reference:  For more information on claims for benefits for birth defects from children of Vietnam Veterans, see

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

Change Date
August 26, 2016

IV.ii.1.H.9.a.Development Actions Following Claims Folder Review
Development actions following a Nehmer claims folder review may include development for
  • medical evidence
  • verification of service
  • dependency
  • payee status
  • military pay, and/or
  • burial information.

IV.ii.1.H.9.b.  EP Control of Claims Under the Nehmer Stipulation
Control all Nehmer claims as instructed in the table below.
If …
Then …
  • the claim is received prior to the Secretary’s announcement to add new presumptive conditions, and
  • requires readjudication based on a prior claim and decision for the benefit
control with EP 681.
Note:  Historically, these claims were controlled under EP 687.  Use of the EP 687 for adjudications under Nehmer was discontinued effective September 7, 2011.
  • the claim is a new claim that requires adjudication, and
  • it is received on or after the date of the Secretary’s announcement
control with EP 681.
the claimed benefit is peripheral neuropathy
  • conduct a one-time clear of EP 686 when the
    • claims folder is sent to QTC Medical Services for initial checklist review of eligibility for SC ofperipheral neuropathy under the Nehmerstipulation, or
    • RO completes the initial checklist review of eligibility for SC of peripheral neuropathy under the Nehmerstipulation, and
  • control the adjudication of positive checklist cases with EP 020 and special issue indicator Nehmer AO Peripheral Neuropathy.
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.

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
  • the claim will be readjudicated with all of the procedural rights normally applicable to VA decisions
  • the Veteran will be afforded a reasonable time to present evidence or reasons why the claim should be considered under the new regulations, and
  • if VA does not receive such evidence or reasons, VA will make a decision based on the evidence considered in the previously decided claim.

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.

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
  • review the returned mail for any forwarding address indicated by the U.S. Postal Service
  • review the claims folder
  • review Share, Compensation and Pension Record Interchange, and other systems, as applicable, to verify the validity of the address utilized in the development letter
  • if a valid address still cannot be verified, attempt to make telephone contact with the payee, and
  • if there is evidence of a previous electronic funds transfer with complete bank information, send a letter to the bank.
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.

10.  JSRRC Formal Findings Based on Thailand Service

Introduction
Change Date
March 27, 2018

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
  • gave the claimant an opportunity to provide the information JSRRC requires as stated in M21-1, Part IV, Subpart ii, 1.H.1.f
  • properly followed established procedures for
    • verifying the Veteran’s claimed route of exposure, and
    • obtaining the information JSRRC requires, and
  • reviewed and considered all relevant evidence of record, to include service records, in an attempt to
    • verify the Veteran’s claimed route of exposure, and
    • obtain the information JSRRC requires.
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

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
  • state that VA does not possess the information JSRRC requires to research a claim that a Veteran served in Thailand and was exposed to herbicides
  • confirm the RO properly followed established procedures for obtaining the information
  • describe the actions the RO took to obtain the information
  • state that evidence of the RO’s efforts to obtain the information is of record in the claims folder, and
  • be signed by
    • the JSRRC Coordinator that prepared the formal finding, and
    • the RO’s Veterans Service Center Manager (VSCM) or his/her designee.
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
  • advise him/her of the formal finding, or
  • allow additional time to submit the required information.
Reference:  For more information on electronically signing a formal finding, seeM21-1, Part III, Subpart v, 1.A.3.e.

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.
Department of Veterans Affairs                                 Memorandum

Date:

From:

RE:  Private, John Q.

CSS 999 99 9999

Subj:  Formal finding that the Department of Veterans Affairs (VA) lacks the information the U.S. Army and Joint Services Records Research Center (JSRRC) requires to verify herbicide exposure in Thailand.

To:  File

1.  We have determined that VA lacks the information the JSRRC requires to verify herbicide exposure in Thailand.

2.  The RO has given the claimant the opportunity to provide the missing information and has properly followed all other established procedures for obtaining it.

3.  The following efforts were made to obtain the information the JSRRC requires:

a.

b.

c.

4.  Evidence of efforts the RO made to obtain the information is contained in the claims folder.

_______________________________

Signature of the JSRRC Coordinator

_______________________________

Signature of the VSCM or designee
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in Chapter 1 Development, Part IV Compensation, DIC, and Death Compensation Benefits, Subpart ii Compensation
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