NEW LAW GIVES AGENT ORANGE PRESUMPTIONS TO VIETNAM NAVY VETERANS
Military & Veterans Affairs Committee
Chairs: Sonya Colon - Law Office of Sonya C. Colon, P.A. and Robert Nader - Nader Mediation Services
F
rom 1961 to 1971, the
United States used a
variety of “tactical”
herbicides as defoliants
in Vietnam and other countries.
The most widely used was Agent
Orange, which contained the toxic
chemical Dioxin. After the Vietnam
War, the adverse health effects of
exposure to Agent Orange began
to appear. In the 1980s, the
United States Department of
Veterans Affairs (VA) established
a presumptions of causation
for proving service-connected
disabilities for certain medical
conditions related to Agent Orange
exposure in Vietnam (which did not
include Navy veterans who sailed
near Vietnam, but never set foot on
60
Until this
land). In January
year, the
2020, a new law
presumptions
makes it easier
were only
for Navy vets
extended to
who served off
veterans who
the coasts of
served on
Vietnam and
Navy ships
Cambodia to
that sailed
benefit from
on the rivers
Agent Orange
and inland
presumptions.
waterways of
In the VA
Vietnam, not
system, a veteran
those who
seeking disability
sailed off
compensation
the coast of
must demonstrate
Vietnam —
that their
The
new
law
lifts
the
the so-called
disabling
“Blue Water
condition was
burden of proving actual
Veterans.”
caused by
physical exposure
Effective
something that
to Agent Orange,
January 1,
occurred during
2020, Blue
military service.
something that was nearly
Water
In VA parlance,
impossible previously.
Veterans
this is called a
are now
“nexus.” The VA
entitled to the
eased the burden
presumption.
of proving nexus
Public Law 116-23, the Blue Water
by establishing the Agent Orange
presumption for 14 conditions
outlined in 38 C.F.R. § 3.309(e).
Continued on page 61
JAN - FEB 2020
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HCBA LAWYER