What this means
m21-1:VIII.i.1.A explains general information on claims based on herbicide exposure. In plain terms, the official guidance says the procedures of this chapter also apply to survivor claims when the Veteran It also addresses 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
How this may help with a claim
Use m21-1:VIII.i.1.A to audit how VA handled general information on claims based on herbicide exposure. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: The procedures of this chapter also apply to survivor claims when the Veteran 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 Cite the exact document and page when raising a factual or procedural error, and use the review rights in the actual notice for any deadline.
What to review in your file
- Check the file against this official condition: when to apply herbicide procedures
- Confirm that the record or notice addresses this source point: action to take when the Veteran claims herbicide exposure but does not claim a disability
- Document how this stated step or exception applies: VIII.i.1.A.1.a. When to Apply Herbicide Procedures
Important limits
m21-1:VIII.i.1.A explains VA guidance for general information on claims based on herbicide exposure; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: The procedures of this chapter also apply to survivor claims when the Veteran Congress has enacted multiple herbicide-related legislative changes that are currently authorized by statute only.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- General Information on Claims Based on Herbicide Exposure
- m21-1:VIII.i.1.A
- Claims Based Herbicide
- Exposure
- Herbicide Claims
- when apply herbicide
- entitlement compensation conditions herbicide
- presuming exposure herbicide agent
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the following topics:
Scroll sideways to see the full table.
| Topic | Topic Name |
|---|---|
| 1 | General Information on Herbicide Claims |
| 2 | Legislative 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.
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| 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. | 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
- M21-1, Part VIII, Subpart i, 1.A.1.d, and
- M21-1, Part VIII, Subpart i, 1.C.1.j, and
- M21-1, Part VIII, Subpart i, 1.D.
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.
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| If there is... | Then concession of exposure is... |
|---|---|
| in-country service at any recognized location, and none of the below apply | not centralized. |
| no qualifying in-country service, and an explicit or implicit claim of RVN-based nautical service as described in M21-1, Part VIII, Subpart i, 1.D.3.a | 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. |
| a previously denied claim based on no qualifying service, and an explicit or implicit claim of RVN-based nautical service as described in M21-1, Part VIII, Subpart i, 1.D.3.a 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.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. | 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 Vietnam | centralized. |
References: For more information on
- the requirement for centralized processing of the rating and authorization activities of herbicide claims, see M21-1, Part VIII, Subpart i, 1.C.1.j, and
- centralized processing offices, see the Office of Field Operations' RO special missions site.
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.
Reference s: For more information on
- service in the RVN under 38 CFR 3.313, see
- M21-1, Part VIII, Subpart i, 1.C.2, and
- VAOPGCPREC 7-1993
- service in the RVN, see VAOPGCPREC 27-1997, and
- centralized processing of herbicide claims, see
- M21-1, Part VIII, Subpart i, 1.A.1.d, and
- M21-1, Part VIII, Subpart i, 1.C.1.j, and
- M21-1, Part VIII, Subpart i, 1.D.
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.
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| Disability | Authority |
|---|---|
| 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
- 38 CFR 3.159(a)(3), and
- M21-1, Part I, Subpart i, 1.A.4.f.
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.
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| Law | Impact | Enactment Date |
|---|---|---|
| PL 116-23, the Blue Water Navy Vietnam Veterans Act of 2019 | Created 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 2021 | Amended 38 U.S.C. 1116 to establish a presumption of SC based on herbicide 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
- processing claims based on nautical herbicide exposure, see M21-1, Part VIII, Subpart i, 1.D
- Thailand service requirements for spina bifida benefits, see M21-1, Part VIII, Subpart i, 3.C.5.a, and
- historical Thailand procedural concessions of herbicide exposure, see the attachment, Historical_M21-1VIII_i_1_SecA_1-21-22.docx.
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.