VIII.i.1.B.2.b. Herbicide Exposure Development Procedures | | The table below describes the general development procedures for verifying service in a qualifying location. Important: If presumptive herbicide exposure was previously established based on current policies, claims processors must still perform Steps 4-6 to screen for potential Nehmer applicability for any newly claimed herbicide presumptive disability. | Step | Action |
|---|
| 1 | Review M21-1, Part VIII, Subpart i, 1.B.2.d. Do current military records establish the Veteran served in a location associated with a presumption of herbicide exposure? - If yes,
- document the qualifying service in accordance with M21-1, Part VIII, Subpart i, 1.B.2.e, and
- go to Step 4.
- If no,
- ensure all military records (DD 214, STRs, and entire military personnel file OMPF have been obtained or unavailability documented, and once obtained, and
- go to the next step.
| | 2 | Review procedures in this topic and take one of the following actions. | If ... | Then ... |
|---|
| military records establish land-based service in the RVN or one of the other presumptive herbicide locations | - document the qualifying service in accordance with M21-1, Part VIII, Subpart i, 1.B.2.e, and
- go to Step 4.
| - the claimant provides specific dates and locations of exposure (unrelated to TDY), but
- military records do not establish service in an area associated with herbicide exposure
| go to Step 3. | - the claimant provides specific dates of TDY service in an area associated with herbicide exposure, and
- service records do not confirm the TDY service
Exception: If the claimant has not provided specific dates of TDY service, follow the guidance in the next row to send a subsequent development letter. | - the claimant alleges service in a qualifying location, but
- neither the claim nor the service records detail specific dates of service in an area associated with herbicide exposure
| - send a subsequent development letter as specified in M21-1, Part VIII, Subpart i, 1.B.1.c, and
- allow the claimant 30 days to respond.
Did the claimant respond with details regarding exposure to herbicides? - If yes,
- consider the details provided, and
- take the action(s) prescribed in the applicable row of this table.
- If no,
- do not establish herbicide exposure
- disregard the remaining steps in this table, and
- continue processing the claim.
| - military records do not establish service in a location where herbicide exposure can be established, and
- the claimant has not provided specifics about how or when exposure occurred
| | the only evidence of potential qualifying service involves nautical service in the RVN or other presumptive nautical location | - add a VBMS note that the claim requires verification of qualifying nautical service
- affix the Blue Water Agent Orange special issue to route the claim to a centralized processing team, and
- disregard the remaining steps in this table.
| | the only evidence of potential qualifying service involves contact with contaminated C-123 aircraft | - follow the procedures outlined in M21-1, Part VIII, Subpart i, 1.B.3, and
- disregard the remaining steps in this table.
| | the only evidence of potential qualifying service involves service in the Korean demilitarized zone (DMZ) | - follow the procedures outlined in M21-1, Part VIII, Subpart i, 1.B.4, and
- disregard the remaining steps in this table.
| | the Veteran alleges exposure in a location or circumstance not covered by one of the above | - follow the procedures outlined in M21-1, Part VIII, Subpart i, 1.B.5, and
- disregard the remaining steps in this table.
|
| | 3 | Review the claim for evidence of nautical service as described in M21-1, Part VIII, Subpart i, 1.D.3.a. Is the only evidence of potential herbicide exposure based on nautical service? If yes, - add a VBMS note that the claim requires verification of qualifying nautical service
- affix the Blue Water Agent Orange special issue to route the claim to a centralized processing team, and
- disregard the remaining steps in this table.
- If no,
- refer the claim to the RO Research Coordinator to submit a RAR research request as outlined in M21-1, Part VIII, Subpart i, 1.B.1.i, and
- disregard the remaining steps in this table.
| | 4 | Is herbicide exposure established based on service in the RVN, to include qualifying RVN nautical service documented by the centralized processing team? - If yes, go to the next step.
- If no, go to Step 7.
| | 5 | Review the claims folder. Is there a claim meeting the eligibility requirements of Nehmer? - If yes, go to the next step.
- If no, continue processing the claim.
Reference: For more information on what constitutes a claim under Nehmer, see | | 6 | Use the table below to establish proper control of the Nehmer claim. | If the Nehmer claim involves ... | Then ... |
|---|
- hypothyroidism
- bladder cancer, and/or
- parkinsonism
| affix the FY21 NDAA AO Presumptive special issue indicator to the contention(s). | | any other Nehmer eligible contention(s) | follow procedures outlined in M21-1, Part VIII, Subpart, i, 2.A.1.b. | Exception: 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. | | 7 | Was the claim previously denied based on no qualifying service? - If yes,
- ensure all military records (DD 214, STRs, and entire OMPF) have been obtained or unavailability documented, and once obtained,
- go to next step.
- If no, continue processing the claim.
| | 8 | Review all military records. Is there potential RVN nautical service as described in M21-1, Part VIII, Subpart i, 1.D.3.a? - If yes,
- add a VBMS note that the claim requires verification of qualifying nautical service, and
- affix the Blue Water Agent Orange special issue to route the claim to a centralized processing team.
- If no, continue processing the claim.
| Reference: For more information on historical herbicide exposure policies, see |