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On February 9, the VA announced plans to add specific locations to the Agent Orange presumptive benefits eligibility criteria. Should the proposed rule be enacted, VA would presume Agent Orange exposure for veterans who have served in the listed locations during the required timeframes.
Adding exposure locations to the Agent Orange presumptive list could expedite the path to disability benefits for many Vietnam veterans, eliminating the need to prove to the VA that military service is somehow linked to a disease or health condition.
Added Locations and Service Dates
Under the proposed rule, presumptive service connection would extend to veterans who served at one of 129 U.S. locations or certain locations in India and Canada.
Added service dates and locations include:
- 1945 to 1946: Kumbla, India
- June 1966 and June 1967: Gagetown, New Brunswick, Canada
- 1945 to 1977: Alabama, Arkansas, Florida, Georgia, Indiana, Maryland, Mississippi, Montana, New York, Tennessee, Texas, Utah.
- Sept. 1, 1967, through Aug. 31, 1971: Korean Demilitarized Zone (KDZ)
- Offshore waters of Vietnam, Laos, Cambodia, including the island of Phu Quoc
Complete List of Updated Agent Orange Presumptive Exposure Locations
The complete, updated list of specific locations and service dates eligible for presumptive service connection under the proposed rule is as follows:
United States Locations
Alabama
Location: US Army Gulf Outport, Port of Mobile, Alabama
Date: Aug 1965 – Dec 1968
Arkansas
Location: Fort Chaffee
Date: May 16-18, July 22-23, August 23-25, 1967
Florida
Location: Avon Park Air Force Range
Date: February 1951 – April 15, 1967
–
Location: Eglin AFB
Date: November 1952 – June 1962
–
Location: Eglin AFB test range
Date: June 24, 1962 – December 5, 1969
–
Location: Apalachicola National Forest, near Sopchoppy, Wakulla County, Tallahassee
Date: May 3-8, 1967
Georgia
Location: Fort Gordon
Date: July 15, 1967 – July 1, 1968
–
Location: Georgia Power Company: Valdosta-Thomasville line and Bonaire line near Macon
Date: May 20-22, 1964
Indiana
Location: Vigo Plant CWS, Terra Haute
Date: May 18 – August 22, 1945
Maryland
Location: Aberdeen Proving Ground
Date: May 1963 – July 1969
–
Location: Camp Detrick
Date: June 1946 – July 1953
–
Location: Fort Detrick
Date: November 1956 – May 1970
–
Location: Fort Meade
Date: August 1963 – August 1964
–
Location: Fort Ritchie
Date: July 11-12, 1963
Mississippi
Location: Naval Construction Battalion Center, Gulfport
Date: June 1968 – June 1977
Montana
Location: Bozeman
Date: July 3, 6, and 14, 1953
New York
Location: Fort Drum
Date: May – October 1959
Tennessee
Location: Power line from Hiwassee Dam, NC to Coker Creek, TN
Date: June 17; July 2,3; 1964
Texas
Location: Kelly AFB
Date: November 18, 1970 – Unknown
Utah
Location: Dugway Proving Ground
Date: August 7 & 8, 1963
–
Location: Dugway
Date: September 14 -October 6, 1964
Overseas Locations
Cambodia
Location: Mimot or Krek, Kompon Cham Province
Date: April 16 -30, 1969
Canada
Location: Canadian Forces Base Gagetown, New Brunswick
Date: June 14-17, 1966
–
Location: Canadian Forces Base Gagetown, New Brunswick
Date: June 21-24, 1967
India
Location: Kumbla
Date: May 1945- February 1946
Johnston Atoll
Location: Johnston Island (Atoll)
Date: April 18, 1972 – September 3, 1977
Korea
Location: DMZ to include I Corps (GP) Area
Date: Mid-May through mid-July, 1968
Laos
Location: Laos
Date: December 1965-September 1969
Thailand
Location: U.S. or Royal Thai military base in Thailand
Date: January 9, 1962, through June 30, 1976
–
Location: Royal Thai Army Replacement Center, Pranburi Military Reservation
Date: April 1964/January 1964
–
Location: Udorn Royal Thai Air Force Base
Date: October and November 1968; December 28, 1968 – January 2, 1969; February 2-5, 1969; August 31 – Sept. 7, 1969.
Reasoning Behind Proposed Amendments
A recent notice in the Federal Register expands on the proposed rule, stating that it aims to amend VA regulations surrounding herbicide exposure in the following ways:
- To incorporate provisions of the 2019 Blue Water Navy Vietnam Veterans Act – extending presumed exposure to offshore areas of Vietnam, defining offshore boundaries, increasing date ranges for exposure in the Korean Demilitarized Zone (DMZ), and adding spina bifida benefits for children of veterans who served in Thailand.
- To add exposure presumption for a list of locations outside of Vietnam documented by the Department of Defense as having been used for herbicide testing, storage, or use.
- To apply the “Vietnam offshore waters” definition to presumptive service connection claims for non-Hodgkin’s lymphoma.
- To add bladder cancer, Parkinsonism, and hypothyroidism as conditions eligible for presumptive service connection under the 2021 National Defense Authorization Act.
- To recognize monoclonal gammopathy of undetermined significance (MGUS) and hypertension as conditions eligible for a presumption of herbicide exposure under the PACT Act.
- To add new locations and specific service timeframes as eligible for presumptive status under the PACT Act.
Why Leave Out Panama and Okinawa?
The VA stated that it acknowledges questions about the exclusion of Okinawa and Panama on the Agent Orange exposure location list. The agency states that the new list of Agent Orange exposure locations is limited to land under Defense Department control, Defense Department installations, or locations where service members witnessed herbicide testing, application, transportation, or storage.
“VA nevertheless welcomes all comments on this approach, or comments on Panama and Okinawa specifically, during the comment period for this rulemaking,” the agency stated.
You can comment on the proposed rule at the Federal Register website or Regulations.gov. Veterans and the general public have until April 13, 2024 to comment on the proposed amendments.