The Blue Water Navy Act and You

If you served in the US Military in the water off the shores of Vietnam, you may not have received the benefits you are entitled to. That’s because for many years presumptive service connections applied for those veterans who served in the “Brown Waters” of Vietnam, but not those who served on ships offshore.

If you suffer from medical conditions caused by herbicide exposures during your military service offshore near Vietnam or in the Korean DMZ, you may have been denied VA disability benefits due to a lack of service connection. Or, you may never have applied for VA disability benefits becauseyou were aware that the VA did not recognize the zone you served in as a source of these toxic exposures.

That all changed in 2019, when Congress passed the Blue Water Navy Vietnam Veterans Act. Effective January 1st of 2020, many veterans who served on ships off the Vietnamese shore or in the Korean DMZ are now presumed to have been exposed to Agent Orange or other toxic herbicides.

Here’s what you need to know about who the law impacts and how to secure the benefits you deserve.

Who is Presumed to Have Been Exposed to Toxic Herbicides?

Many veterans who served in other areas have long been presumed to have been exposed to toxic herbicides. This post deals only with those who are presumed to have been exposed due to changes under the Blue Water Navy Vietnam Veterans Act. If you are not covered by this act, you may still have presumptive exposure under different provisions.

How Do I Know if the Blue Water Navy Act Applies to Me?

The title of the statute can be misleading – it doesn’t just apply to Navy veterans. Any US service member who served in the listed locations during the specified time period is presumed to have been exposed to toxic herbicides.

The key beneficiaries of these new provisions are veterans who served off the shore of Vietnam between January 9th 1962 and May 7th 1975. This includes veterans who served no more than 12 nautical miles seaward of a line commencing on the southwestern line of the Waters of Vietnam in Cambodia and intersecting any of a list of specified points. Those points include:

Hon Nhan Island, Tho Chu Archipelago Kien Giang Province (9°15.0’N, 103°27.0’E)
Hon Da Island southeast of Hon Khoai Island Minh Hai Province (8°22.8’N, 104°52.4’E)
Tai Lon Islet, Con Dao Islet in Con Dao-Vung Toa Special Sector (8°37.8’N, 106°37.5’E)
Bong Lai Islet, Con Dao Islet (8°38.9’N, 106°37.5’E)
Bay Canh Islet, Con Dao Islet (8°39.7’N, 106°42.1’E)
Hon Hai Islet (Phu Qui group of islands) Thuan Hai Province (9°8.0’N, 109°5.0’E)
Hon Doi Islet, Thuan Hai Province (12°39.0’N, 109°28.0’E)
Dai Lanh point, Phu Khanh Province (12°53.8’N, 109°27.2’E)
Ong Can Islet, Phu Khanh Province (13°54.0’N, 109°21.0’E
Ly Son Islet, Nghia Binh Province (15°23.1’N, 109°9.0’E)
Con Co Island, Binh Tri Thien Province (17°10.0’N, 107°20.6’E)

You are also presumed to have been exposed to herbicides if you served in the Korea Demilitarized Zone (DMZ) between September 1, 1967 and August 31, 1971.

What if I Believe I was Exposed to Agent Orange or Another Herbicide but Did Not Serve in a Listed Area?

If you have reason to believe that you were exposed to Agent Orange or another herbicide while in training or active military service but the time and place you served does not appear on the list above nor any other presumptive list, you may still be entitled to VA disability benefits. However, you will have to establish that you were exposed to the herbicide or other toxic substance, and that the exposure caused your illness or other medical condition.

Call 1-888-373-4722 or complete a Free Case Evaluation form

Service Connection for Agent Orange and Other Herbicide Related Illnesses

Of course, presumed exposure is only half the battle. You will also have to establish that your medical condition was caused by that exposure.

The process for establishing a service connection for your illness or other medical condition depends on whether or not your condition is presumed connected to herbicide exposure. If you served in one of the areas that entitles you to a presumption that you were exposed to agent orange or other herbicides, you are also entitled to a presumption that the herbicide caused any of the following medical conditions you might suffer from:

AL Amyloidosis
Bladder Cancer
Chronic B-Cell Leukemias
Chronic Lymphocytic Leukemia
Chloracne
Diabetes Mellitus Type 2
Hypertension
Hodgkin’s Disease
Hypothyroidism
Ischemic Heart Disease
Monoclonal Gammopathy of Undetermined Significance (MGUS)
Multiple Myeloma
Other Myelodysplastic Syndromes
Non-Hodgkin’s Lymphoma
Parkinsonism
Parkinson’s Disease
Peripheral Neuropathy
Porphyria Cutanea Tarda
Prostate Cancer
Respiratory Cancers
Soft Tissue Sarcomas

What if my Condition Isn’t on the List?

If you were exposed to herbicides during your military service and believe that exposure caused your disabling medical condition, you may be entitled to disability benefits even if your condition does not appear on the list above. However, it will be up to you and your VA disability benefits advocate to establish the connection between your military service and the medical condition in question.

The best way to establish that your medical condition was likely caused by herbicide exposure will depend on the circumstances of your military service and the condition or conditions you suffer from. An experienced disability benefits advocate can be the best source of information about what type of evidence you will need to provide in order to establish that connection.

What if my Claim for VA Disability Benefits has Already Been Denied?

If you are one of the many US military veterans who filed a claim for VA disability benefits before the Blue Water Navy Vietnam Veterans Act was passed and had their claim denied, don’t give up. The change in the law has made many veterans who were previously denied eligible for a presumption of toxic exposure and a presumed service connection for the conditions listed above.

The best way to pursue those benefits will depend on when you filed your previous claim and other factors. Therefore, your best next step is to talk to an experienced VA disability benefits advocate about your options.

At Disabled Vets, our advocates are fully committed to ensuring that our military veterans and their families get the full value of the benefits they deserve. Whether you are filing a claim for VA disability benefits for the first time or have been denied disability benefits and want to appeal, we are here to help. Our advocates have in-depth knowledge of both the claims process and the various paths to appealing a negative VA disability decision.

What if my Spouse or Parent was Denied Benefits but is now Deceased?

If you are a surviving dependent of a veteran who served in one of the areas listed above and suffered from one of the conditions presumed connected, you may be entitled to benefits even though your loved one has passed. That may be true even if your veteran never filed a claim for the disability benefits. The path to pursuing dependency and indemnity (DIC) benefits is different depending on whether or not the veteran previously filed a claim.

To learn more about how we can help you secure the benefits you deserve, call us today at 888-373-4722 or fill out our contact form here.

Call 1-888-373-4722 or complete a Free Case Evaluation form