Do you qualify for Agent Orange benefits if you served outside Vietnam? The answer might surprise you. For decades, VA disability benefits for Agent Orange exposure were primarily associated with Veterans who served “boots-on-ground” in Vietnam. However, recent legislative changes have expanded eligibility to include Veterans who never set foot in Vietnam but were still exposed to herbicides during service. Experienced agent orange lawyers can help you understand whether these expanded rules apply to your situation.
Normally, a Veteran must provide direct evidence that their illness was caused by a specific event in service. In the case of Agent Orange, the VA has designated certain areas as “Presumptive Exposure” locations. This means the VA legally presumes your exposure was caused by your military service if you served in those specific locations during designated time frames. Agent orange lawyers who specialize in VA claims understand how to leverage these presumptions to build the strongest possible case for their clients.
Berry Law represents Veterans nationwide to ensure our nation’s heroes get all of the disability benefits they earned. Benefits are available to Veterans suffering from herbicide-related medical conditions who were exposed to Agent Orange and other herbicides in the following five service locations:
Veterans who served on ships or vessels in the waters offshore of Vietnam between January 9, 1962, and May 7, 1975 are now presumed to have been exposed to Agent Orange. The VA defines “offshore” as locations within 12 nautical miles of Vietnam’s coastline.
Veterans who served in or near the Korean DMZ for any length of time between September 1, 1967, and August 31, 1971 are presumed to have been exposed to herbicides. Defoliation operations occurred in the Korean DMZ during this period, exposing service members to the same herbicides used in Vietnam. Veterans suffering from herbicide-related medical conditions can seek VA disability benefits for herbicides based on this service.
Veterans who served in an Air Force unit location where a C-123 aircraft with traces of Agent Orange was assigned, and had repeated contact with this aircraft may qualify for presumptive exposure.
These aircraft were used in Operation Ranch Hand to spray herbicides in Vietnam. Even after the spraying missions ended, residual Agent Orange contaminated the aircraft. Veterans who worked on, flew in, or maintained these planes between 1962 and 1986 were exposed to these toxic residues. The VA has identified specific Air Force specialty codes and active-duty and Reserve units that qualify for presumptive exposure.
The PACT Act expanded the list of “presumptive locations” for Agent Orange exposure. Veterans who served in any of the following locations during the specified dates are now presumed to have been exposed to Agent Orange for VA disability purposes:
These bases were used to support U.S. and allied military operations, and herbicides were stored and used at these locations. Before 2010, veterans stationed in Thailand had to prove direct exposure—a difficult burden. Now, service at these bases during the specified period is enough to prove exposure.
Veterans involved in transporting, testing, storing, or other uses of Agent Orange during their military service may also qualify, even if they never served in Vietnam or the other locations listed above.
The VA has documented specific dates and locations where herbicide testing and storage occurred outside of Vietnam. Veterans who can demonstrate they were present at these locations during periods of herbicide activity may establish presumptive exposure.
These expanded eligibility criteria establish a presumptive service connection for certain medical conditions. This means if you served in any of the qualifying locations during the specified periods and develop one of the recognized Agent Orange-related conditions, the VA presumes your condition is connected to your military service—you don’t need to prove direct exposure.
The VA recognizes over 14 presumptive conditions associated with Agent Orange exposure, including but not limited to:
If you have a cancer or illness that is not on the list of presumptive conditions, but you believe it was caused by Agent Orange exposure, you can still file a claim for VA disability benefits. Skilled agent orange lawyers can help you build a non-presumptive claim by gathering medical evidence and expert opinions to establish service connection.
You don’t need boots-on-ground service in Vietnam to qualify for Agent Orange–related VA disability benefits.
Veterans with Blue Water Navy service, duty along the Korean DMZ, documented contact with contaminated C-123 aircraft, service on specified Thailand bases, or involvement in herbicide testing, storage, or transport may be eligible for service connection. A knowledgeable agent orange lawyer can review your service history and help determine which pathway to eligibility applies to you.
If you are ready to claim the benefits you earned, we are ready to lead the charge. Berry Law focuses on protecting Veterans like you. Delayed action is inaction. Contact Berry Law for a free consultation.
Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter.