Developing Claims for Service Connection (SC) Based on Herbicide Exposure

Overview

In This Section

This section contains the following topics:

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1. Developing Herbicide Claims

Introduction

This topic contains information on developing herbicide claims, including

• regional office (RO) processing of herbicide claims
• handling claims with multiple qualifying service areas
• when to request additional evidence from the claimant in herbicide claims
• informing the Veteran about the Agent Orange Registry Program
• requesting Federal records of service
• action to take when the claimed disability is not recognized under 38 CFR 3.309(e)
• conditions determined to have no positive association with herbicide exposure
• examination guidelines for herbicide claims, and
• additional research of herbicide exposure by the Department of Veterans Affairs (VA) Records Acquisition and Research (RAR).

Change Date

September 15, 2025

VIII.i.1.B.1.a. RO Processing of Herbicide Claims

When processing claims for presumptive herbicide exposure, regional offices (ROs) must follow the herbicide claim processing steps outlined in M21-1, Part VIII, Subpart i, 1.B.2.

Notes:

• ROs are not authorized to determine if a Veteran’s service qualifies for herbicide exposure in a nautical location. This function is the sole responsibility of the centralized processing teams.
• Not all claims involving nautical service require centralized processing. Follow the guidelines in M21-1, Part VIII, Subpart i, 1.A.1.d to determine if the claim requires centralized processing for the concession of qualifying nautical service.

Reference: For more information on processing claims based on nautical herbicide exposure, see M21-1, Part VIII, Subpart i, 1.D.

VIII.i.1.B.1.b. Handling Claims With Multiple Qualifying Service Areas

Veterans may qualify for herbicide exposure on more than one basis (e.g., in-country and eligible offshore waters). Service in the Republic of Vietnam (RVN) can result in a more advantageous effective date in some cases. Specifically, a retroactive effective date under the Blue Water Navy Vietnam Veterans Act of 2019 (BWN law) and the Nehmer stipulation both require herbicide exposure in the RVN.

When a potential earlier effective date under the BWN law or Nehmer may apply and service in the offshore RVN waters is shown or alleged, claims processors must refer the claim for centralized processing for research of qualifying RVN offshore service even if other qualifying service is shown.

Where such a finding impacts the Veteran’s eligibility to a retroactive effective date, the centralized processing team must

• make all attempts to verify service in a qualifying offshore RVN location, and
• document the determination of service in the RVN on the Herbicide Exposure Verification Memorandum.

Example: A Veteran files a supplemental claim for service connection (SC) for diabetes. The claim was previously denied in 2017 because the evidence did not establish service in a presumptive herbicide location. The DD Form 214, Certificate of Uniformed Service (DD 214), shows in-country Guam service. The previously denied claim includes an allegation of service in the Navy on a ship in the RVN. The BWN law is considered new and relevant evidence triggering the duty to assist with researching qualifying service. The claim is referred for centralized processing based on a previously denied claim for no qualifying service prior to the BWN law, and an implicit claim of RVN-based nautical service. The Ship Locator Tool shows the Veteran was on a vessel that served in the eligible offshore waters. The centralized processing team completes the Herbicide Exposure Verification Memorandum documenting the eligible offshore waters service, and the claim remains centralized through the authorization activity.

References: For more information on

• which claims require centralized processing, see
• M21-1, Part VIII, Subpart i, 1.A.1.d, and
• M21-1, Part VIII, Subpart i, 1.C.1.j
• processing claims based on nautical herbicide exposure, see M21-1, Part VIII, Subpart i, 1.D
• the Nehmer stipulation, see M21-1, Part VIII, Subpart i, 2, and
• maximizing benefits with effective date determinations in herbicide claims, see M21-1, Part VIII, Subpart i, 1.C.4.a.

VIII.i.1.B.1.c. When to Request Additional Evidence From the Claimant in Herbicide Claims

It is unnecessary to issue 38 U.S.C. 5103 notice when a Veteran or survivor files a claim related to exposure to herbicides and

• the 5103 notice is provided at the time of claims submission as detailed in M21-1, Part III, Subpart i, 2.B.1.b, or
• an exception to the notification requirement applies as outlined in M21-1, Part III, Subpart i, 2.B.1.d.

Send a subsequent Veterans Benefits Management System (VBMS) development letter using the AO–Exposure General Notice paragraph if the claimant

• fails to provide specifics of how or where exposure occurred, or
• states service in a qualifying location, but fails to provide specific dates, and service records do not show service in a qualifying presumptive location.

Exception: If the claimant has already provided specific dates of temporary duty (TDY) or other service in a presumptive herbicide location, do not send a subsequent development letter.

Reference: For more information about the circumstances under which it is necessary to issue 38 U.S.C. 5103 notice, see

• M21-1, Part III, Subpart i, 2.B, and
• M21-1, Part X, Subpart ii, 2.A.

VIII.i.1.B.1.d. Informing the Veteran About the Agent Orange Registry Program

If it is necessary to send the Veteran a subsequent development letter as described in M21-1, Part VIII, Subpart i, 1.B.1.c, the development activity should also

• inform the Veteran of the availability of hospital examinations and treatment as part of the Agent Orange Registry program, and
• if the Veteran has already had the herbicide examination or been treated for herbicide exposure, request that the Veteran submit
• a copy of the examination or treatment report, or
• the name of the Department of Veterans Affairs (VA) facility performing the examination or treatment so that a copy of the report may be associated with the claims folder.

VIII.i.1.B.1.e. Requesting Federal Records of Service

Prior to sending claims for centralized processing, or in all cases before deciding the Veteran was not in a qualifying location, ensure that all military records, to include service treatment records (STRs) and the entire official military personnel file (OMPF) are of record.

Follow procedures in M21-1, Part III, Subpart ii, 2.A.4 to obtain STRs and the OMPF, when needed.

Important:

• A claim may not be denied solely because service in a qualifying location cannot be verified until the records have been received, or a formal response has been received indicating the records are unavailable and the appropriate final notification letter has been sent per M21-1, Part III, Subpart ii, 1.A.1.g.
• Do not send requests for herbicide verification directly to military branches or archive facilities. All requests for additional research of herbicide exposure must be submitted to VA’s Records Acquisition and Research (RAR) following the guidance in M21-1, Part VIII, Subpart i, 1.B.1.i.

References: For more information on

• duty to assist in obtaining Federal records, see
• 38 CFR 3.159(c)(2)
• M21-1, Part III, Subpart ii, 1.A, and
• M21-1, Part III, Subpart i, 2.C.1
• requesting records through Personnel Information Exchange System (PIES), see the PIES User Guide, and
• requesting records through STR Assist, see the VBMS User Guide.

VIII.i.1.B.1.f. Action to Take When the Claimed Disability Is Not Recognized Under 38 CFR 3.309(e)

The Agent Orange Act of 1991, Public Law (PL) 102-4, established a presumption of SC for Veterans with service in the RVN during the Vietnam era who subsequently develop specific diseases to a degree of 10 percent or more.

In herbicide-related claims, if the claimed disability is not recognized as a presumptive condition under 38 CFR 3.309(e), then the claim must be processed in accordance with the procedures outlined for Toxic Risk Exposure Activity (TERA) under PL 117-168, Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022.

References: For more information on

• processing claims under TERA procedures, see the PACT Act Implementation Standard Operating Procedure (SOP), and
• presumptive herbicide diseases and the date they became subject to presumptive SC, see M21-1, Part VIII, Subpart i, 1.C.1.f.

VIII.i.1.B.1.g. Conditions Determined to Have No Positive Association With Herbicide Exposure

When processing claims for disabilities not recognized as presumptive to herbicide exposure, follow the direct SC TERA procedures. Review the claimed disability and determine if it falls under the exception for conditions determined to have no positive association with herbicide exposure listed below.

Based on cumulative scientific data reported by the National Academy of Science (NAS) since 1993, the Secretary has determined that a positive association does not exist between herbicide exposure and the following conditions and that a presumption of SC is not warranted for any of the conditions:

• Cancers
• bone and connective tissue
• brain and nervous system (including eye)
• digestive (esophageal, stomach, and colorectal (including small intestine and anus))
• endocrine (including thyroid and thymus)
• hepatobiliary (liver, gallbladder, and bile ducts) and pancreatic
• leukemia (excluding all chronic B-cell leukemias including Chronic lymphocytic leukemia (CLL) and hairy cell)
• nasal cavity (including ears and sinuses)
• oral cavity (including lips and tongue)
• pharynx (including tonsils)
• pleura, mediastinum, and other unspecified sites within the respiratory system and intrathoracic organs
• skin (including melanoma and nonmelanoma (basal cell and squamous cell), and
• reproductive (including the cervix, uterus, ovary, testes, breast, and penis, but excluding prostate).
• Other
• asthma
• chronic obstructive pulmonary disease (COPD)
• circulatory disorders (but excluding hypertension, Ischemic heart disease (IHD), and stroke)
• endometriosis
• eye diseases
• Farmer’s lung
• gastrointestinal, metabolic, and digestive disorders
• hearing loss
• immune system disorders (immune suppression, allergy, and autoimmunity)
• neurobehavioral (cognitive and neuropsychiatric) disorders
• neurodegenerative diseases (including amyotrophic lateral sclerosis (ALS), but excluding Parkinson's disease and Parkinsonism)
• osteoporosis, and
• chronic peripheral nervous system disorders (but excluding early-onset peripheral neuropathy).

Note: No positive association means that the evidence for an association does not equal or outweigh the evidence against association.

References: For more information on

• processing TERA claims, see the PACT Act Implementation SOP, and
• TERA exceptions, see VBA Letter, 20-24-06, Updated Guidance on Processing Claims involving PACT Act.

VIII.i.1.B.1.h. Examination Guidelines for Herbicide Claims

For claims based on herbicide exposure

• follow the general presumptive SC examination guidelines noted in M21-1, Part IV, Subpart i, 1.B.1.g, and
• apply the principles outlined in M21-1, Part IV, Subpart i, 2.A.1.d regarding scope of VA examination practice.

VIII.i.1.B.1.i. Additional Research of Herbicide Exposure by RAR

When procedures direct additional research of herbicide exposure by RAR, the claim must be referred to the RO Research Coordinator. Prior to submitting the claim to the RO Research Coordinator, ensure

• all military records have been obtained and reviewed in accordance with M21-1, Part VIII, Subpart i, 1.B.2.a, and
• the claimant has submitted sufficient details to allow for additional research as outlined in M21-1, Part III, Subpart ii, 2.D.4.b.

All requests for additional herbicide exposure research must be submitted by the RO Research Coordinator. RO Research Coordinators must follow the guidelines below when submitting requests to RAR for additional herbicide exposure research:

• Submit all research requests to RAR through the VBMS chevron.
• RO Research Coordinators may submit land-based herbicide exposure requests. All nautical herbicide exposure requests must be submitted by members of the Records Research Team.
• When submitting a land-based herbicide exposure request, the request must only be a duration of no more than 120 days. If multiple 120-day periods are needed, enter a request for one 120-day period. Once a response is received, if further dates are needed, then a second 120-day time frame request may be entered.

Important: Do not send requests directly to military branches or archive facilities. All requests for additional research of herbicide exposure must be submitted to RAR.

Reference: For more information on submitting requests to RAR, see the VBMS Core User Guide.

2. Establishing Herbicide Exposure

Introduction

This topic contains information on establishing herbicide exposure, including

• establishing exposure to herbicides
• herbicides exposure development procedures
• considering the herbicide corporate flash
• reviewing service records for proof of service in a presumptive herbicide location, and
• documenting herbicide exposure.

Change Date

September 15, 2025

VIII.i.1.B.2.a. Establishing Exposure to Herbicides

When processing a claim for a disability due to herbicide exposure, verify the Veteran served in a qualifying location by

• following the procedures outlined in M21-1, Part VIII, Subpart i, 1.B.2.b
• reviewing
• available service records as outlined in M21-1, Part VIII, Subpart i, 1.B.2.d, and
• the Individual Longitudinal Exposure Record (ILER), and when applicable,
• referring the claim to
• the RO Research Coordinator for a RAR research request, or
• centralized processing for research of nautical service.

Important:

• While the Agent Orange Exposure Verified corporate flash may be present, it is not sufficient evidence in and of itself to confirm the Veteran has qualifying service under current policies.
• If qualifying service cannot be verified using the available evidence noted above, obtain all pertinent service records, if not already of record.

References: For more information on

• presumptive herbicide service locations, see M21-1, Part VIII, Subpart 1, 1.A.1.c
• considering the herbicide corporate flash, see M21-1, Part VIII, Subpart i, 1.B.2.c
• ILER, see the ILER Guidance
• claims requiring centralized processing for research of herbicide exposure, see M21-1, Part VIII, Subpart i, 1.A.1.d
• requesting service treatment records and the entire official military personnel file, see M21-1, Part III, Subpart ii, 2.B and C, and
• additional research of herbicide exposure by RAR, see M21-1, Part VIII, Subpart i, 1.B.1.i.

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.

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Reference: For more information on historical herbicide exposure policies, see

• M21-1, Part VIII, Subpart i, 1.A.2, and
• M21-1, Part VIII, Subpart i, 1.C.3.

VIII.i.1.B.2.c. Considering the Herbicide Corporate Flash

VBA systems will automatically assign the Agent Orange Exposure Verified corporate flash based on corporate rating data promulgated in 2003 or later. The Agent Orange Exposure Verified flash is applied to Veteran records with one or more promulgated rating decision(s) granting SC for a condition with an associated Agent Orange special issue.

The Agent Orange Exposure Verified flash should not be considered factual verification of herbicide exposure if not supported by the evidence of record.

Example: The Veteran was granted SC based on historical policies no longer in effect. In these cases, do not use the flash as verification of exposure and review the claim under current policies to determine if exposure can be established.

Notes:

• If a Veteran was previously awarded SC for an herbicide-related condition(s), but the Agent Orange Exposure Verified corporate flash is not present, ensure an Agent Orange special issue(s) is assigned to the contention in VBMS-Rating (VBMS-R). If needed, generate an updated rating and promulgate a record purpose award to trigger the corporate flash.
• If the Agent Orange special issue is erroneously assigned, it must be removed in VBMS-R to delete the corporate flash. Do not take this action if the special issue is correctly assigned based on historical policies in place at the time the prior decision was made.

Reference: For more information on claims decided under historical herbicide policies, see M21-1, Part VIII, Subpart i, 1.C.3.

VIII.i.1.B.2.d. Reviewing Service Records for Proof of Service in a Presumptive Herbicide Location

Certain documents within the claims folder may show proof of duty or visitation in a qualifying location.

See the table below for guidance on reviewing documents that may show qualifying service or TDY service in a presumptive herbicide location.

Important: If the only potentially qualifying service is nautical service, follow the procedures in Step 3 of the table in M21-1, Part VIII, Subpart i, 1.B.2.b to refer the claim to a centralized processing team.

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Important: There are no recognized medals whose receipt alone connotes service in a recognized herbicide presumptive location. If a Veteran was awarded a medal, such as the Vietnam Service Medal, carefully review the records for documentation of travel or TDY orders to a qualifying herbicide exposure location.

VIII.i.1.B.2.e. Documenting Herbicide Exposure

The claims processor must ensure the evidence used to support the determination of herbicide exposure is uploaded to the Veteran’s electronic claims folder and edit the subject line of the relevant document(s) used to verify herbicide exposure using the following format: [location of exposure], pg. [number].

Example:

Reference: For more information on editing document properties, see the VBMS User Guide.

3. Establishing Herbicide Exposure Through Contact With Contaminated C-123 Aircraft

Introduction

This topic contains information on establishing exposure to herbicides through contact with contaminated C-123 aircraft, including

• presumptive herbicide exposure through contact with contaminated C-123 aircraft
• centralized processing of claims based on exposure to herbicides through contaminated C-123 aircraft
• tracking and routing C-123 claims
• definition of regular and repeated contact with a contaminated C-123 aircraft, and
• procedures for establishing herbicide exposure through contact with contaminated C-123 aircraft.

Change Date

September 15, 2025

VIII.i.1.B.3.a. Presumptive Herbicide Exposure Through Contact With Contaminated C-123 Aircraft

Effective June 19, 2015, VA updated 38 CFR 3.307 to establish a presumption of exposure for Air Force or Air Force Reserve personnel who were exposed to herbicides through regular and repeated duties performed while operating, maintaining, or serving onboard contaminated former Operation Ranch Hand C-123 aircraft that were used to spray herbicide agents in Vietnam.

VIII.i.1.B.3.b. Centralized Processing of Claims Based on Exposure to Herbicides Through Contaminated C-123 Aircraft

The St. Paul RO generally has jurisdiction of all claims for service-connected (SC) disability or death associated with herbicide exposure through contaminated C-123 aircraft. When a Veteran alleges exposure to herbicides while operating, maintaining, or serving onboard contaminated aircraft, follow the procedures in M21-1, Part VIII, Subpart i, 1.B.3.c to refer the claim to the St. Paul RO.

The St. Paul RO will be responsible to address all outstanding issues claimed.

Exception: For jurisdiction of claims from residents of foreign countries, see M21-1, Part II, Subpart ii, 3.1.

VIII.i.1.B.3.c. Tracking and Routing C-123 Claims

To ensure proper tracking and routing of claims due to C-123 herbicide exposure, claims processors must affix the C-123 special issue to each relevant contention.

Note: Application of the C-123 special issue triggers assignment of the claim for centralized processing in the NWQ.

References: For more information on

• EPs, see M21-4, Appendix B, and
• corporate flashes and special issue indicators, see
• M21-1, Part III, Subpart i, 2.F.2.f and g
• the VBMS Core User Guide, and
• M21-4, Appendix E.

VIII.i.1.B.3.d. Definition: Regular and Repeated Contact With a Contaminated C-123 Aircraft

Under 38 CFR 3.307(a)(6)(v), regular and repeated contact with a contaminated C-123 aircraft is shown if the

• claimant has an Air Force Specialty Code (AFSC) showing duty operating, maintaining, or serving onboard contaminated aircraft, and
• Air Force or Air Force Reserve squadron was permanently assigned at least one contaminated C-123 aircraft at the time the claimant was operating, maintaining, or serving onboard.

VIII.i.1.B.3.e. Procedures for Establishing Herbicide Exposure Through Contact With Contaminated C-123 Aircraft

Follow the steps in the table below to establish a Veteran’s exposure to herbicides through regular and repeated contact with a contaminated C-123 aircraft.

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4. Establishing Herbicide Exposure in the Korean DMZ

Introduction

This topic contains information on establishing herbicide exposure in the Korean DMZ, including

• requirements for presumptive SC based on herbicide exposure in the Korean DMZ
• overview of historical Korean DMZ herbicide policies
• units or other military entities identified by the Department of War (DOW) as operating in the Korean DMZ during the qualifying time period, and
• requesting records from RAR in support of a Korean DMZ herbicide claim.

Change Date

July 16, 2026

VIII.i.1.B.4.a. Requirements for Presumptive SC Based on Herbicide Exposure in the Korean DMZ

Under 38 U.S.C. 1116B, extend the presumption of herbicide exposure to any Veteran who served

• in a unit determined by VA or the Department of War (DOW) to have operated in the Korean demilitarized zone (DMZ), and
• between September 1, 1967, and August 31, 1971.

VIII.i.1.B.4.b. Overview of Historical Korean DMZ Herbicide Policies

The table below represents time periods during which VA had specific policies in place regarding concession of herbicide exposure based on Korean DMZ service.

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VIII.i.1.B.4.c. Units or Other Military Entities Identified by DOW as Operating in the Korean DMZ During the Qualifying Time Period

The table below shows the units or other military entities that DOW has identified as operating in the Korean DMZ during the qualifying time period of September 1, 1967, to August 31, 1971.

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VIII.i.1.B.4.d. Requesting Records From RAR in Support of a Korean DMZ Herbicide Claim

RO Research Coordinators should send a request to RAR for verification of exposure to herbicides when a Veteran

• claims exposure based on service in the Korean DMZ, and
• did not have service between September 1, 1967, and August 31, 1971, in a unit or entity listed in M21-1, Part VIII, Subpart i, 1.B.4.c.

Follow the steps in the table below when submitting a request to RAR for verification of exposure to herbicides based on Korean DMZ service.

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Important:

• Ensure all available military records have been obtained and reviewed prior to submitting a request to RAR for verification of herbicide exposure.
• If a Veteran claims exposure in Korea under circumstances other than Korean DMZ service, follow the procedures in M21-1, Part VIII, Subpart i, 1.B.5.a.

Reference: For more information on providing specific information in RAR requests, see M21-1, Part III, Subpart ii, 2.D.4.b.

5. Establishing Herbicide Exposure in Other Locations

Change Date

September 15, 2025

VIII.i.1.B.5.a. Verifying Herbicide Exposure on a Factual Basis in Other Locations

Follow the steps in the table below to verify potential herbicide exposure on a factual basis when the Veteran alleges exposure in a location not associated with a presumption of herbicide exposure.

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