--- title: "Part VIII, Subpart i, Chapter 1, Section A General Information on Claims Based on Herbicide Exposure" document: "M-21-1" section: "Part VIII, Subpart i, Chapter 1, Section A" canonical: "https://veteranai.co/va-regulations/m21-1/viii.i.1.a-general-information-on-claims-based-on-herbicide-exposure" source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177422/M21-1-Part-VIII-Subpart-i-Chapter-1-Section-A-General-Information-on-Claims-Based-on-Herbicide-Exposure" updated: "2026-09-07T14:37:29.801225Z" --- 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. | **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. | **Veterans who performed covered service in/on ...**| **During the period ...** Thailand at any United States or Royal Thai base, without regard to where on the base the Veteran was located or what military occupational specialty (MOS) the Veteran performed| January 9, 1962, to June 30, 1976. Laos| December 1, 1965, to September 30, 1969. Cambodia at Mimot or Krek, Kampong Cham Province| April 16, 1969, to April 30, 1969. Guam or American Samoa, or in the territorial waters thereof| January 9, 1962, to July 31, 1980. Johnston Atoll or on a ship that called at Johnston Atoll| January 1, 1972, to September 30, 1977. [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.| **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.| **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 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. 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.| **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 onherbicide 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_.