HCBA Lawyer Magazine Vol. 30, No. 3 | Page 63

New Law Gives aGeNt OraNGe PresumPtiONs tO vietNam Navy veteraNs Military & Veterans Affairs Committee Continued from page 60 Navy Vietnam Veterans Act of 2019 1 mandates that veterans who served aboard vessels operating within 12 nautical miles of the territorial waters of Vietnam and Cambodia between January 9, 1962, and May 7, 1975, are presumed to have been exposed to Agent Orange and other herbicides. The Act provided specific geographic names and coordinates off the coasts of Vietnam and Cambodia to accurately identify the 12-mile radius. This means that if a Blue Water Veteran contracts one of the listed diseases, that condition “shall be considered to have been incurred in or aggravated” by their service, despite the fact that there JAN - FEB 2020 | HCBA LAWYER was no evidence the condition existed during their military service. From a practical standpoint, Blue Water Veterans may have to produce evidence of their service within the radius if a vessel they served upon is not on the VA’s list. This might include service records like their Form DD-214, which may list the vessels upon which they served. 2 Other military documents or witness statements from sailors they served with may also provide this evidence. It is also possible to obtain ship logs to document where vessels sailed. However, the new law lifts the burden of proving actual physical exposure to Agent Orange, something that was nearly impossible previously. Practitioners who are contacted by veterans who have been denied the presumption by VA should immediately begin working with their clients to develop proof of their service on ships that sailed within the 12 nautical mile zone to obtain the benefit of the presumption. n https://www.congress.gov/bill/ 116th-congress/house-bill/299/text [last visited 9/21/2019]. 2 VA maintains at least a partial list of ships that qualify at https:// www.va.gov/ shiplist-agent- orange.pdf [last visited 9/21/2019). 1 Author: John V. Tucker - Tucker Law Group, P.A. 61