Who is presumed exposed (38 CFR 3.307(a)(6))
VA presumes certain veterans were exposed to tactical herbicides based on where and when they served. A veteran who falls inside one of the groups below does not have to prove exposure; the regulation does it for them[src].
- Vietnam veterans. Boots on Vietnam soil, or service on its inland waterways, between January 9, 1962 and May 7, 1975.
- Blue Water Navy veterans. Service within 12 nautical miles of the Vietnam coastline during the qualifying period — added by the [src].
- Korean DMZ veterans. Service in or near the Korean Demilitarized Zone between April 1, 1968 and August 31, 1971 with a qualifying unit.
- Thailand base veterans. Air Force service with qualifying duties at Royal Thai Air Force bases — U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhli, Korat, or Don Muang — between 1961 and 1975, and Army veterans who served on or near those base perimeters during the same window.
- U.S. test and storage sites. Veterans with documented service at specific domestic and overseas locations where tactical herbicides were tested, stored, or transported (VA maintains the current list).
- Reservists with dioxin-handling duties. Certain Air Force and Air Force Reserve members who regularly operated or maintained C-123 aircraft previously used to spray Agent Orange.
Presumptive conditions (38 CFR 3.309(e))
The conditions below are the diseases VA associates with herbicide exposure. The list has grown — most recently under the PACT Act, which added bladder cancer, hypertension, hypothyroidism, monoclonal gammopathy of undetermined significance (MGUS), and Parkinsonism[src].
- AL amyloidosis
- Bladder cancer (added by the PACT Act)
- Chronic B-cell leukemias, including hairy cell leukemia and chronic lymphocytic leukemia (CLL)
- Chloracne or other acneform disease consistent with chloracne
- Diabetes mellitus, Type 2
- Hodgkin’s disease
- Hypertension (added by the PACT Act)
- Hypothyroidism (added by the PACT Act)
- Ischemic heart disease — including coronary artery disease (CAD)
- Monoclonal gammopathy of undetermined significance (MGUS) — added by the PACT Act
- Multiple myeloma
- Non-Hodgkin’s lymphoma
- Parkinsonism (added by the PACT Act) and Parkinson’s disease
- Peripheral neuropathy, early-onset
- Porphyria cutanea tarda
- Prostate cancer
- Respiratory cancers of the lung, bronchus, larynx, or trachea
- Soft-tissue sarcomas (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma)
How presumptive service connection works
Under 38 U.S.C. § 1116[src], VA presumes two things when the regulations apply: that the qualifying service created the herbicide exposure, and that the listed disease was caused by that exposure. A veteran in one of the covered groups who has a current diagnosis of a listed condition does not need a separate medical nexus opinion. Two things have to be on the record: qualifying service (DD-214 or equivalent) and a current diagnosis from a clinician. The presumption can be rebutted by affirmative evidence to the contrary — for example, a clearly documented non-service cause — but in most presumptive cases VA grants on the strength of service plus diagnosis alone.
“Presumptive” does not mean automatic: the file still has to show both pieces, and the claim still has to be filed. It does mean the veteran is not asked to carry the scientific or causal argument VA has already accepted on their behalf.
Non-presumptive claims
The presumptive framework is wide but not the only way to win. Veterans whose condition is not on the 3.309(e) list, or whose service is not on the 3.307(a)(6) location list, can still file on a direct service-connection theory. That path requires nexus evidence — a treating specialist’s letter, a private independent medical opinion, or a VA C&P examiner’s opinion — tying the current diagnosis to documented herbicide exposure. Our C&P exam prep guide covers how to walk into that exam prepared.
Children’s benefits
VA may pay separate benefits for certain birth defects in the biological children of exposed veterans. These programs are administered under their own statutes and do not require the veteran parent to have an approved disability claim.
- Spina bifida (except spina bifida occulta). Monthly allowance, health care, and vocational training for biological children of Vietnam veterans and of certain Korean DMZ veterans[src][src].
- Other covered birth defects in the biological children of women Vietnam veterans — a specific statutory list ranging from certain cardiac defects to neural tube defects[src].
How to file
Filing an Agent Orange claim uses the same paperwork as any other VA disability claim — the regulations change what VA must presume, not how the forms move. Our how-to-file guide walks through the Intent to File and the four filing paths. For an Agent Orange claim specifically, assemble:
- DD Form 214 (and deployment or unit records where relevant) showing service that matches a presumptive location and period
- Current medical evidence of the diagnosis — pathology reports, imaging, labs, or specialist notes
- VA Form 21-526EZ identifying each claimed condition and citing 38 CFR § 3.309(e) where it applies
If your claim was denied before the PACT Act or Blue Water Navy Act
The presumptive list and the map of covered service have both expanded in the last several years. The Blue Water Navy Vietnam Veterans Act of 2019 added the 12-nautical-mile offshore group, and the PACT Act of 2022 added bladder cancer, hypertension, hypothyroidism, MGUS, and Parkinsonism. A claim denied before those laws can be re-opened as a Supplemental Claimon VA Form 20-0995, citing the new statute as new and relevant evidence. In many cases, a granted supplemental can reach back to the original claim’s effective date. Our denied claim walkthrough and appeal path selector explain the lanes side by side.
Where to start
The VFW, DAV, and American Legion — plus County Veterans Service Officers across the country — have filed Agent Orange claims for decades and often know the unit, ship, and base records better than a first-time filer can. Their services are free[src]. The VA also offers a no-cost Agent Orange Registry health exam — a physical that documents concerns and creates a paper trail. The registry exam is not a disability claim; completing it does not start one. If you plan to file, do both.
A note on evolving rules
Agent Orange regulations have expanded several times in the last decade, most recently with the 2019 Blue Water Navy Vietnam Veterans Act and the 2022 PACT Act. If a claim was denied before the latest expansion, it is worth re-checking eligibility against the current list of conditions and locations. This page is educational; for case-specific guidance, consult an accredited CVSO or VSO.
Educational use only
This page is a free community resource. Veterans Benefits Navigator is not accredited by the VA and does not file claims, submit appeals, or provide legal advice (38 U.S.C. § 5904). For representation, contact a VSO, CVSO, or VA-accredited attorney.