Toxins Outside Vietnam

BY TOM BURKE

Here’s information on herbicide testing and storage outside Vietnam, as well as recent information on the Blue Water Navy Act. The following list was recently released by DOD and provided to me by VVA Attorney Heather Olson. This is important information if it affects you. 

VA recently added to the list of dates and locations where Agent Orange and other herbicides were used, tested, or stored. While VA will not presume herbicide exposure for veterans who served in these areas, it is helpful evidence to prove in-service herbicide exposure.

Arkansas: Fort Chaffee—specific dates, 1967

Florida: Avon Park, Eglin AFB—specific dates in 1951-55, ’57, ’62, ’68, ’69

Georgia: Fort Gordon—specific dates, 1967-68

Indiana: Vigo Plant CWS Terre Haute—specific dates, 1945

Maryland: Aberdeen Proving Grounds, Fort Detrick, Fort Meade, Fort Ritchie—specific dates in 1941-51, ’53, 1956-58, ’60, 1963-64, ’65, 1967-70

Mississippi: Naval Construction Battalion—specific dates, 1977

New York: Kelly AFB—specific dates, 1970, unknown

Utah: Dugway Proving Grounds—specific dates, 1963-64

Johnston Island: Specific dates, 1977

This replaces the previous DOD list, and some dates and locations have been removed. VVA encourages veterans to apply for service connection for conditions related to herbicide exposure using both lists.

When filing a claim, make sure to include the following:

1. A copy of the DOD list that identifies the exposure location
2. A statement from the veteran about in-service exposure
3. Military records identifying the veteran’s location at the exposure site (VA can help obtain these if you can’t find them)

For more details on the use of herbicides, go here or review DOD’s previous list of contaminated sites here.

What will be the effective date for claims? It should be the date a veteran or survivor filed the original claim, if filed on or after September 25, 1985, and would have been eligible for benefits at the time the claim was filed if Agent Orange exposure were conceded. 

Who in the Blue Water Navy is included? The law specifies that Blue Water Navy veterans who served offshore of Vietnam between January 9, 1962, and May 7, 1975, are entitled to presumption of Agent Orange exposure. “Offshore” is defined as “not more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the water of Vietnam and Cambodia and intersecting” grid points. It can be found online.

Do not rely on VA’s list of ships that are associated with Agent Orange. Hundreds of ships that qualify are not on the list.

Who else is affected by the new law? For veterans who served along the Korean DMZ, exposure dates are now September 1, 1967, to August 31, 1971. Also, children of veterans exposed to Agent Orange in Thailand from January 9, 1962, to May 7, 1975, who were born with spina bifida are now eligible for compensation, health care, and vocational services.

VVA recommends any veteran or survivor who has filed or is interested in filing a claim reach out to a local Veterans Service Officer. Do not attempt to do this on your own because failure to submit the proper forms could delay your claim and prevent you from getting your earliest effective date. To find a local VSO, go to the VVA Service Officer Locator at https://vva.org/what-we-do/veteran-services/service-officer-locator/ or call the National Office at 301-585-4000.

What evidence can I gather to support my claim? VA created a ship locator tool that searches deck logs and identifies ships that fall within the grid coordinates of the law. Any additional evidence that you have will be helpful to submit if VA is unable to verify a ship’s location using its locator tool.

VA is still gathering and locating deck logs for Coast Guard vessels. If you were on a Coast Guard ship, you can get a faster decision on your claim if you can locate the deck logs for your ship and submit them with your claim.

VA also is working on the claims process for adjudicating for veterans aboard submarines. If you were aboard a submarine, reach out to your local VSO for help.