M21-1 Manual  /  Part VIII, Subpart i, Chapter 1, Section A

General Information on Claims Based on Herbicide Exposure

M21-1, Part VIII, Subpart i, Chapter 1, Section A

Overview

In This Section

This section contains the following topics:
TopicTopic Name
1General Information on Herbicide Claims
2Legislative Changes Related to Herbicide Claims

1. General Information on Herbicide Claims

Introduction

This topic contains information on processing of herbicide claims, including
  • when to apply herbicide procedures
  • entitlement to compensation for conditions due to herbicide exposure
  • presuming exposure to an herbicide agent
  • claims requiring centralized processing for research of herbicide exposure
  • definition of service in the Republic of Vietnam (RVN)
  • presumptive herbicide disabilities, and
  • action to take when the Veteran claims herbicide exposure but does not claim a disability

Change Date

September 15, 2025

VIII.i.1.A.1.a. When to Apply Herbicide Procedures

Apply the guidance in this chapter to any Veteran who
  • claims a presumptive herbicide disability, and
  • served in an area associated with a presumption of herbicide exposure, or
  • otherwise alleges a disability due to exposure to herbicides.
Note: The procedures of this chapter also apply to survivor claims when the Veteran
  • died from a presumptive herbicide cause of death, and
  • served in an area associated with a presumption of exposure to herbicides.

VIII.i.1.A.1.b. Entitlement to Compensation for Conditions Due to Herbicide Exposure

Veterans who served in a location associated with a presumption of herbicide exposure and developed a disease related to that exposure may receive compensation benefits. In order to decide claims under the current herbicide provisions, claims processors must
  • identify when herbicide exposure applies
  • research the Veteran’s locations of service
  • request examinations, when required, and
  • ensure decisions fully explain the basis of the decision.
References: For more information on presumptive herbicide
  • exposure locations, see M21-1, Part VIII, Subpart i, 1.A.1.c, an
  • disabilities, see M21-1, Part VIII, Subpart i, 1.A.1.f.

VIII.i.1.A.1.c. Presuming Exposure to an Herbicide Agent

Currently, the Department of Veterans Affairs (VA) recognizes a presumption of exposure to herbicides in specific locations and military service experiences as listed in the table below.
Presumptive exposure provision applies to ...Authority
  • Veterans who served in
    • the Republic of Vietnam (RVN) during the period beginning on January 9, 1962, and ending on May 7, 1975, or
    • a unit that, as determined by the Department of War, operated in or near the Korean demilitarized zone between September 1, 1967, and August 31, 1971, and
  • individuals who performed service in the Air Force or Air Force Reserve under circumstances in which the individual concerned regularly and repeatedly operated, maintained, or served onboard C–123 aircraft known to have been used to spray an herbicide agent during the Vietnam era.
38 CFR 3.307(a)(6)
Veterans who served aboard a vessel operating not more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia and intersecting the coordinates listed in Public Law (PL) 116-23 during the period beginning January 9, 1962, and ending on May 7, 1975.38 U.S.C. 1116A
locations during specific time frames as shown in the table below.
Veterans who performed covered service in/on ...During the period ...
Thailand at any United States or Royal Thai base, without regard to where on the base the Veteran was located or what military occupational specialty (MOS) the Veteran performedJanuary 9, 1962, to June 30, 1976.
LaosDecember 1, 1965, to September 30, 1969.
Cambodia at Mimot or Krek, Kampong Cham ProvinceApril 16, 1969, to April 30, 1969.
Guam or American Samoa, or in the territorial waters thereofJanuary 9, 1962, to July 31, 1980.
Johnston Atoll or on a ship that called at Johnston AtollJanuary 1, 1972, to September 30, 1977.
38 U.S.C. 1116
Notes:
  • For any contention of in-service exposure to herbicide agents in times or locations other than those specified in one of the above authorities, it is the claimant’s burden to factually establish exposure.
  • The regulation provides that presumption of exposure to herbicide agents during qualifying service will be rebutted by affirmative evidence that the Veteran was not exposed to any such agent during qualifying service. However, the probability that specific evidence will exist showing that a person in one of the qualifying locations during a qualifying period had no herbicide exposure is low.
  • Concessions of qualifying nautical service are the sole responsibility of the centralized processing teams.
Reference: For more information on centralized processing of herbicide claims, see

VIII.i.1.A.1.d. Claims Requiring Centralized Processing for Research of Herbicide Exposure

Under PL 117-168, Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022 implementation effective August 10, 2022, the centralized processing model of herbicide claims is as follows:
  • development, research, and documentation of herbicide exposure in all land-based locations is conducted by any regional office (RO)
  • development, research, and documentation of herbicide exposure in RVN nautical locations or nautical-based service in the new PACT Act locations is the sole responsibility of the centralized processing sites; however, only certain claims will require this step, as described below, and
  • ROs will screen claims for hypothyroidism, bladder cancer, and parkinsonism for potential Nehmer stipulation applicability and only route certain claims to a centralized processing site, when required as described below.
The table below represents the claim types which require centralized processing for concessions of herbicide exposure.
If there is ...Then concession of exposure is ...
  • in-country service at any recognized location, and
  • none of the below apply
not centralized.
centralized.
  • no qualifying in-country service, and
  • an explicit or implicit claim of nautical service as described in M21-1, Part VIII, Subpart i, 1.D.3.a, in one of the following locations
    • American Samoa
    • Guam
    • Thailand, or
    • Johnston Atoll
centralized.
Important: This applies even in cases where there is evidence of qualifying land-based service in any of the recognized herbicide locations.centralized.
potential Nehmer applicability as described in M21-1, Part VIII, Subpart i, 1.B.2.bException: The Nehmer consent decree only applies to RVN service. Do not route claims for Nehmer processing if the Veteran’s only herbicide exposure is outside of the RVN.not centralized if land-based service is established.
centralized if the only potentially qualifying service is nautical.
potential herbicide exposure through regular and repeated duties performed while operating, maintaining, or serving onboard contaminated C-123 aircraft that were used to spray herbicide agents in Vietnamcentralized.
References: For more information on

VIII.i.1.A.1.e. Definition: Service in the RVN

For the purposes of the presumption of exposure to herbicide agents under 38 CFR 3.307(a)(6)(iii) and 38 CFR 3.309(e), service in the RVN includes
  • on land in the RVN
  • aboard a vessel operating on the inland waterways of the RVN or eligible offshore waters
  • aboard vessels on the offshore waters of the RVN, if the conditions of service involved duty or visitation on the ground in the RVN, or
  • other locations, if the conditions of service involved duty or visitation on the ground in the RVN.
The term service in the RVN does not include service of a Vietnam-era Veteran whose only contact with Vietnam was flying high-altitude missions in Vietnamese airspace. Important: Concession of qualifying RVN nautical service is the sole responsibility of the centralized processing teams and designated legacy appeal personnel. References: For more information on

VIII.i.1.A.1.f. Presumptive Herbicide Disabilities

The table below lists the disabilities that qualify for presumptive service connection (SC) due to herbicide exposure and the relevant authority that establishes the presumption.
DisabilityAuthority
  • Chloracne or other acne-form disease consistent with chloracne
  • soft-tissue sarcoma, other than
    • osteosarcoma
    • chondrosarcoma
    • Kaposi’s sarcoma, or
    • mesothelioma
  • non-Hodgkin’s lymphoma (NHL)
  • porphyria cutanea tarda
  • Hodgkin’s disease
  • respiratory cancers of the
    • lung
    • bronchus
    • larynx, or
    • trachea, and
  • multiple myeloma
  • prostate cancer
  • acute and subacute peripheral neuropathy
  • type 2 diabetes mellitus
  • chronic lymphocytic leukemia
  • AL amyloidosis
  • ischemic heart disease
  • chronic B-cell leukemia
  • Parkinson’s disease, and
  • early-onset peripheral neuropathy.
38 CFR 3.309(e)
  • parkinsonism
  • bladder cancer
  • hypothyroidism
  • monoclonal gammopathy of undetermined significance (MGUS), and
  • hypertension.
38 U.S.C. 1116
Reference: For more information on the date the disabilities became subject to presumption, see M21-1, Part VIII, Subpart i, 1.C.1.f.

VIII.i.1.A.1.g. Action to Take When the Veteran Claims Herbicide Exposure but Does Not Claim a Disability

A claim is not substantially complete if a Veteran alleges exposure to herbicides during service but does not claim SC for a specific disability. In cases such as these, follow the procedures for handling an incomplete application at M21-1, Part II, Subpart iii, 1.C.2.b.Reference: For more information on what constitutes a substantially complete application for benefits, see

2. Legislative Changes Related to Herbicide Claims

Introduction

This topic contains information on processing of herbicide claims, including
  • legislative changes related to herbicide claims
  • historical Thailand herbicide policies, and
  • historical policies specific to Johnston Atoll.

Change Date

September 15, 2025

VIII.i.1.A.2.a. Legislative Changes Related to Herbicide Claims

Congress has enacted multiple herbicide-related legislative changes that are currently authorized by statute only. The table below lists the legislative herbicide changes that have not been finalized through rulemaking.
LawImpactEnactment Date
PL 116-23, the Blue Water Navy Vietnam Veterans Act of 2019Created 38 U.S.C. 1116A, which extended the presumption of herbicide exposure to Veterans with service during the specified time range in the qualifying offshore waters of the RVN.January 1, 2020
PL 116-283, William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021Amended 38 U.S.C. 1116 to establish a presumption of SC based onherbicide exposure for the following:
  • parkinsonism
  • bladder cancer, and
  • hypothyroidism.
January 1, 2021
PL 117-168, Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022
  • Expanded presumptive herbicide exposure to additional locations as listed in 38 U.S.C. 1116.
  • Created a presumption of SC for hypertension and MGUS.
August 10, 2022
Important: For supplemental claims involving a new or modified herbicide exposure presumption, review the claim as if the requirements of 38 CFR 3.2501(a)(1) had been satisfied. The change in law obviates the new and relevant evidence requirement for the purpose of considering a supplemental claim complete. Develop as required to satisfy the duty to assist and issue a merit-based decision.

VIII.i.1.A.2.b. Historical Thailand Herbicide Policies

Prior to the August 10, 2022, change in law, concessions of herbicide exposure incurred in Thailand were made on a facts found, direct basis. Under the PACT Act, there is now a presumption of herbicide exposure for Veterans who served in Thailand at any United States or Royal Thai base during the specified time frame. Apply the following when processing a claim based on service in Thailand:
  • Presumption of exposure does not require evidence of a specific MOS or duties on the perimeter of the base. Do not apply procedures in M21-1, Part VIII, Subpart i, 1.A.4 for claims involving Thailand service.
  • While the presumption of herbicide exposure in Thailand does not extend into the territorial waters, it does apply to ships that called at the port of Sattahip.
Important: Establishing qualifying nautical service at the port of Sattahip is the sole responsibility of the Records Research Team.References: For more information on

VIII.i.1.A.2.c. Historical Policies Specific to Johnston Atoll

Prior to the August 10, 2022, change in law, concessions of herbicide exposure based on storage of Agent Orange on Johnston Atoll were made on a facts found, direct basis. Under the PACT Act, there is now a presumption of herbicide exposure for Veterans who served on Johnston Atoll or on a ship that called at Johnston Atoll during the specified time frame. Concessions of qualifying Johnston Atoll nautical service are centralized.Note: Prior to the PACT Act, herbicide guidance referred to this location as Johnston Island.References: For more information on
  • processing claims based on nautical herbicide exposure, see M21-1, Part VIII, Subpart i, 1.D, and
  • historical Johnston Island procedural concessions of herbicide exposure, see the attachment, Historical_M21-1VIII_i_1_SecA_1-21-22.docx.

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part VIII, Subpart i, Chapter 1, Section A (U.S. government work, reproduced for reference). Browse all sections →