---
title: "Part VIII, Subpart i, Chapter 1, Section B Developing Claims for Service Connection (SC) Based on Herbicide Exposure"
document: "M-21-1"
section: "Part VIII, Subpart i, Chapter 1, Section B"
canonical: "https://veteranai.co/va-regulations/m21-1/viii.i.1.b-developing-claims-for-service-connection-sc-based-on"
source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177423/M21-1-Part-VIII-Subpart-i-Chapter-1-Section-B-Developing-Claims-for-Service-Connection-SC-Based-on-Herbicide-Exposure"
updated: "2026-09-07T14:37:29.976972Z"
---

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](</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>) 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](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000308863/M21-1-Part-VIII-Subpart-i-Chapter-1-Section-D-Processing-Claims-Based-on-Nautical-Herbicide-Exposure>).  

### 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](</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>), and
    * [M21-1, Part VIII, Subpart i, 1.C.1.j](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000308860/M21-1-Part-VIII-Subpart-i-Chapter-1-Section-C-Ratings-for-Disabilities-Associated-With-Herbicide-Exposure>)
  * processing claims based on nautical herbicide exposure, see [M21-1, Part VIII, Subpart i, 1.D](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000308863/M21-1-Part-VIII-Subpart-i-Chapter-1-Section-D-Processing-Claims-Based-on-Nautical-Herbicide-Exposure>)
  * the _Nehmer_ stipulation, see [M21-1, Part VIII, Subpart i, 2](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177424/M21-1-Part-VIII-Subpart-i-Chapter-2-Section-A-Developing-Claims-Under-the-Nehmer-Stipulation>), and
  * maximizing benefits with effective date determinations in herbicide claims, see [M21-1, Part VIII, Subpart i, 1.C.4.a](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000308860/M21-1-Part-VIII-Subpart-i-Chapter-1-Section-C-Ratings-for-Disabilities-Associated-With-Herbicide-Exposure>).

### 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](<https://www.law.cornell.edu/uscode/text/38/5103>) 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](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014101/M21-1-Part-III-Subpart-i-Chapter-2-Section-B-Duty-to-Notify-Under-38-USC-5103>), or
  * an exception to the notification requirement applies as outlined in [M21-1, Part III, Subpart i, 2.B.1.d](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014101/M21-1-Part-III-Subpart-i-Chapter-2-Section-B-Duty-to-Notify-Under-38-USC-5103>). 

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](<https://www.law.cornell.edu/uscode/text/38/5103>) notice, see

  * [M21-1, Part III, Subpart i, 2.B](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014101/M21-1-Part-III-Subpart-i-Chapter-2-Section-B-Duty-to-Notify-Under-38-USC-5103>), and
  * [M21-1, Part X, Subpart ii, 2.A](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177963/M21-1-Part-X-Subpart-ii-Chapter-2-Section-A-Revision-Based-on-Specific-Types-of-Submissions-Including-Supplemental-Claims>).

### 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](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014117/M21-1-Part-III-Subpart-ii-Chapter-2-Section-A-General-Information-on-Service-Records>) 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](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014108/M21-1-Part-III-Subpart-ii-Chapter-1-Section-A-Requesting-Evidence-From-Federal-Record-Custodians>).
  * 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)](<http://www.ecfr.gov/cgi-bin/text-idx?SID=eeb25614ff133ec52c6f89f62aa156dc&mc=true&node=se38.1.3_1159&rgn=div8>)
    * [M21-1, Part III, Subpart ii, 1.A](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014108/M21-1-Part-III-Subpart-ii-Chapter-1-Section-A-Requesting-Evidence-From-Federal-Record-Custodians>), and
    * [M21-1, Part III, Subpart i, 2.C.1](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014102/M21-1-Part-III-Subpart-i-Chapter-2-Section-C-Duty-to-Assist-With-Obtaining-Records>)
  * requesting records through Personnel Information Exchange System (PIES), see the [_PIES User Guide_](<https://vbaw.vba.va.gov/bl/21/publicat/Users/Index.htm#bmp>), 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)](<http://www.ecfr.gov/cgi-bin/text-idx?SID=ce4db74ee1e5ecc339221e5184616cc0&mc=true&node=se38.1.3_1309&rgn=div8>), 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)_](<https://vbaw.vba.va.gov/bl/21/pact.htm>), and
  * presumptive herbicide diseases and the date they became subject to presumptive SC, see [M21-1, Part VIII, Subpart i, 1.C.1.f](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000308860/M21-1-Part-VIII-Subpart-i-Chapter-1-Section-C-Ratings-for-Disabilities-Associated-With-Herbicide-Exposure>). 

### 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_](<https://vbaw.vba.va.gov/bl/21/pact.htm>), and
  * TERA exceptions, see [_VBA Letter, 20-24-06, Updated Guidance on Processing Claims involving PACT Act_](<https://vbaw.vba.va.gov/bl/21/pact.htm>).

### 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](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180495/M21-1-Part-IV-Subpart-i-Chapter-1-Section-B-Evidentiary-Standards-for-Finding-an-Examination-or-Opinion-Necessary>), and
  * apply the principles outlined in [M21-1, Part IV, Subpart i, 2.A.1.d](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180498/M21-1-Part-IV-Subpart-i-Chapter-2-Section-A-Examination-Requests-Overview>) 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](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014116/M21-1-Part-III-Subpart-ii-Chapter-2-Section-D-Control-and-Follow-Up-of-Requests-for-Service-Records>).

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

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.

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](</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>)
  * considering the herbicide corporate flash, see M21-1, Part VIII, Subpart i, 1.B.2.c
  * ILER, see the [_ILER Guidance_](<https://vbaw.vba.va.gov/bl/21/pact.htm>)
  * claims requiring centralized processing for research of herbicide exposure, see [M21-1, Part VIII, Subpart i, 1.A.1.d](</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>)
  * requesting service treatment records and the entire official military personnel file, see [M21-1, Part III, Subpart ii, 2.B](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014119/M21-1-Part-III-Subpart-ii-Chapter-2-Section-B-Procedures-for-Obtaining-Service-Treatment-Records-STRs>) and [C](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014115/M21-1-Part-III-Subpart-ii-Chapter-2-Section-C-Clinical-Records-and-Personnel-Records>), 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. | **Step**| **Action**  
1| Review M21-1, Part VIII, Subpart i, 1.B.2.d.  Do current military records establish the Veteran served in a location associated with a presumption of herbicide exposure?

  * If _yes_ ,
    * document the qualifying service in accordance with M21-1, Part VIII, Subpart i, 1.B.2.e, and
    * go to Step 4.
  * If _no_ ,
    * ensure all military records (_DD 214_ , STRs, and entire military personnel file OMPF have been obtained or unavailability documented, and once obtained, and
    * go to the next step.

2| Review procedures in this topic and take one of the following actions.| **If ...**| **Then ...**  
military records establish land-based service in the RVN or one of the other presumptive herbicide locations| 

  * document the qualifying service in accordance with M21-1, Part VIII, Subpart i, 1.B.2.e, and
  * go to Step 4.

  * the claimant provides specific dates and locations of exposure (unrelated to TDY), but
  * military records do _not_ establish service in an area associated with herbicide exposure

| go to Step 3.  
  * the claimant provides specific dates of TDY service in an area associated with herbicide exposure, and
  * service records do not confirm the TDY service

** _Exception_** :  If the claimant has _not_ provided specific dates of TDY service, follow the guidance in the next row to send a subsequent development letter.  
  * the claimant alleges service in a qualifying location, but
  * neither the claim nor the service records detail specific dates of service in an area associated with herbicide exposure

  * send a subsequent development letter as specified in M21-1, Part VIII, Subpart i, 1.B.1.c, and
  * allow the claimant 30 days to respond.

Did the claimant respond with details regarding exposure to herbicides?

  * If _yes_ ,
    * consider the details provided, and
    * take the action(s) prescribed in the applicable row of this table.
  * If _no_ ,
    * do not establish herbicide exposure
    * disregard the remaining steps in this table, and
    * continue processing the claim.

  * military records do not establish service in a location where herbicide exposure can be established, and
  * the claimant has not provided specifics about how or when exposure occurred

the only evidence of potential qualifying service involves nautical service in the RVN or other presumptive nautical location| 

  * add a VBMS note that the claim requires verification of qualifying nautical service
  * affix the _Blue Water Agent Orange_ special issue to route the claim to a centralized processing team, and
  * disregard the remaining steps in this table.

the only evidence of potential qualifying service involves contact with contaminated C-123 aircraft| 

  * follow the procedures outlined in M21-1, Part VIII, Subpart i, 1.B.3, and
  * disregard the remaining steps in this table.

the only evidence of potential qualifying service involves service in the Korean demilitarized zone (DMZ)| 

  * follow the procedures outlined in M21-1, Part VIII, Subpart i, 1.B.4, and
  * disregard the remaining steps in this table.

the Veteran alleges exposure in a location or circumstance not covered by one of the above| 

  * follow the procedures outlined in M21-1, Part VIII, Subpart i, 1.B.5, and
  * disregard the remaining steps in this table.

3| Review the claim for evidence of nautical service as described in [M21-1, Part VIII, Subpart i, 1.D.3.a](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000308863/M21-1-Part-VIII-Subpart-i-Chapter-1-Section-D-Processing-Claims-Based-on-Nautical-Herbicide-Exposure>).  Is the only evidence of potential herbicide exposure based on nautical service?

  * If _yes_ ,
    * add a VBMS note that the claim requires verification of qualifying nautical service
    * affix the _Blue Water Agent Orange_ special issue to route the claim to a centralized processing team, and
    * disregard the remaining steps in this table.

  * If _no_ ,
    * refer the claim to the RO Research Coordinator to submit a RAR research request as outlined in M21-1, Part VIII, Subpart i, 1.B.1.i, and
    * disregard the remaining steps in this table.

4| Is herbicide exposure established based on service in the RVN, to include qualifying RVN nautical service documented by the centralized processing team?

  * If _yes_ , go to the next step.
  * If _no_ , go to Step 7.

5| Review the claims folder.  Is there a claim meeting the eligibility requirements of _Nehmer_?

  * If _yes_ , go to the next step.
  * If _no_ , continue processing the claim.

**Reference:** For more information on what constitutes a claim under _Nehmer_ , see

  * [M21-1, Part VIII, Subpart i, 2.B.1.d ](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177426/M21-1-Part-VIII-Subpart-i-Chapter-2-Section-B-Determining-Eligibility-to-Retroactive-Payment-Under-the-Nehmer-Stipulation>)
  * the [_Nehmer Training Guide_](<http://vbaw.vba.va.gov/bl/21/rating/rat00.htm>).

6| Use the table below to establish proper control of the _Nehmer_ claim.| **If the _Nehmer_ claim involves ...**| **Then ...**  
  * hypothyroidism
  * bladder cancer, and/or
  * parkinsonism

| affix the _FY21 NDAA AO Presumptive_ special issue indicator to the contention(s).  
any other _Nehmer_ eligible contention(s)| follow procedures outlined in [M21-1, Part VIII, Subpart, i, 2.A.1.b](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177424/M21-1-Part-VIII-Subpart-i-Chapter-2-Section-A-Developing-Claims-Under-the-Nehmer-Stipulation>).  
**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.  
7| Was the claim previously denied based on no qualifying service?

  * If _yes_ ,
    * ensure all military records (_DD 214_ , STRs, and entire OMPF) have been obtained or unavailability documented, and once obtained,
    * go to next step.
  * If _no_ , continue processing the claim.

8| Review all military records.  Is there potential RVN nautical service as described in [M21-1, Part VIII, Subpart i, 1.D.3.a](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000308863/M21-1-Part-VIII-Subpart-i-Chapter-1-Section-D-Processing-Claims-Based-on-Nautical-Herbicide-Exposure>)?

  * If _yes_ ,
    * add a VBMS note that the claim requires verification of qualifying nautical service, and
    * affix the _Blue Water Agent Orange_ special issue to route the claim to a centralized processing team.
  * If _no_ , continue processing the claim.

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

  * [M21-1, Part VIII, Subpart i, 1.A.2](</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>), and

  * [M21-1, Part VIII, Subpart i, 1.C.3](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000308860/M21-1-Part-VIII-Subpart-i-Chapter-1-Section-C-Ratings-for-Disabilities-Associated-With-Herbicide-Exposure>).

### 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](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000308860/M21-1-Part-VIII-Subpart-i-Chapter-1-Section-C-Ratings-for-Disabilities-Associated-With-Herbicide-Exposure>).    

### 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.| **Review …**| **For …**  
all certified _DD Forms 214_| 

  * entries such as Foreign Service in the qualifying location, or
  * a separating station/last duty assignment in the qualifying location.

military personnel records, including the _DA Form 20, Enlisted Qualification Record_| 

  * verification of service locations
  * any travel or flight orders
  * any statements in performance evaluations related to travel or flights, and
  * any TDY orders.

STRs and dental records| treatment in the qualifying location with particular attention to Army Post Office (APO) or Fleet Post Office (FPO) numbers, which may be associated with a location in which the presumption of herbicide exposure applies.**Reference:** For a list of APO-FPO address numbers for the Asian Pacific Theater during the Vietnam era, see the document titled _General 1942-2002 APO-FPO Files_ (within the _General Information_ folder) on Compensation Service’s [Stressor Verification website](<https://vbaw.vba.va.gov/bl/21/rating/stressor/general.htm>).**Note:** The listing of APO-FPO addresses begins on page 4998.  
**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**_ :![This is an image of the subject line of a document showing verification of exposure.](/system/ws/v11/media/image/5544/9cd75985-5b86-435f-8388-7db99470f488)_**Reference**_ :  For more information on editing document properties, see the _VBMS User Guide_.  

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

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.

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](<https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR39056aee4e9ff13/section-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](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000174868/M21-1-Part-II-Subpart-ii-Chapter-3-Claims-Jurisdiction-and-Transfer>).  

### 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](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000011474/Appendix-B-End-Product-EP-Codes>), and
  * corporate flashes and special issue indicators, see
    * [M21-1, Part III, Subpart i, 2.F.2.f and g](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000046277/M21-1-Part-III-Subpart-i-Chapter-2-Section-F-Record-Maintenance-During-the-Development-Process>)
    * the _VBMS Core User Guide_ , and
    * [M21-4, Appendix E](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000179710/Appendix-E-Index-of-Corporate-Flashes-and-Special-Issues>).  

### 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)](<https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR39056aee4e9ff13/section-3.307>), **_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.| **Step**| **Action**  
1| Ensure all available military records, including the entire OMPF, are of record.  
2| Access the [_C-123 Aircraft Herbicide Exposure Job Aid_](<https://vbaw.vba.va.gov/bl/21/rating/agentorange.htm>).  
3| Was the Air Force or Air Force Reserve Veteran assigned to a qualifying unit during the designated time period as specified in the job aid?

  * If _yes_ , go to the next step.
  * If _no_ ,
    * do not concede herbicide exposure through contaminated C-123 aircraft
    * disregard the remaining step in this table, and
    * complete all other required actions to process the claim.

4| Do personnel records confirm the Veteran held a qualifying flight, ground maintenance, or medical AFSC?

  * If _yes_ ,
    * document the qualifying service in accordance with M21-1, Part VIII, Subpart i, 1.B.2.e, and
    * complete all other required development actions, including requesting an examination, if needed.
  * If _no_ ,
    * do not concede herbicide exposure through contaminated C-123 aircraft, and
    * complete all other required actions to process the claim.

4.  Establishing Herbicide Exposure in the Korean DMZ

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.

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](<http://www.ecfr.gov/cgi-bin/text-idx?SID=eeb25614ff133ec52c6f89f62aa156dc&mc=true&node=se38.1.3_1307&rgn=div8>), 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.| **Guidance Time Period**| **Exposure Policy**  
Prior to February 24, 2011| VA conceded exposure to herbicides on a direct, facts-found basis for Veterans who served between April 1968 and July 1969 in units or other military entities that DOW identified as operating in the Korean DMZ.  
Effective February 24, 2011| Under [38 CFR 3.307(a)(6)(iv)](<https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR39056aee4e9ff13/section-3.307>), VA created a presumption of exposure to herbicides for Veterans who served between April 1, 1968, and August 31, 1971, in units or other military entities that DOW identified as operating in the Korean DMZ.  
Effective January 1, 2020, under _PL 116-23_|  The date range of recognized presumptive exposure to herbicides was extended between September 1, 1967, and August 31, 1971, for Veterans who served in units or other military entities that DOW identified as operating in the Korean DMZ.  

### 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.  | **Major Command Assignment**| **Unit/Military Entity**  
  * Combat Brigade of the 2nd Infantry Division, or
  * 3rd Brigade of the 7th Infantry Division 

**Note:** Although the units are listed as subunits of either the 2nd or 7th Infantry Divisions, they generally operated independently and may have been attached to either infantry division.| 

  * 1st Battalion, 12th Artillery
  * 1st Battalion, 15th Artillery
  * 1st Battalion, 9th Infantry
  * 1st Battalion, 17th Infantry
  * 1st Battalion, 23rd Infantry
  * 1st Battalion, 31st Infantry
  * 1st Battalion, 32nd Infantry
  * 1st Battalion, 38th Infantry
  * 1st Battalion, 72nd Armor
  * 1st Battalion, 73rd Armor
  * 2nd Battalion, 9th Infantry
  * 2nd Battalion, 17th Infantry
  * 2nd Battalion, 23rd Infantry
  * 2nd Battalion, 31st Infantry
  * 2nd Battalion, 32nd Infantry
  * 2nd Battalion, 38th Infantry
  * 2nd Battalion, 72nd Armor
  * 2nd Squadron, 10th Cavalry
  * 3rd Battalion, 23rd Infantry
  * 3rd Battalion, 32nd Infantry
  * 5th Battalion, 38th Artillery
  * 6th Battalion, 37th Artillery
  * 7th Battalion, 17th Artillery
  * 54th CBRE Detachment
  * 6th Aviation Platoon, or
  * 239th Aviation Company.

_**Notes**_ :

  * The 6th Aviation Platoon was deactivated on April 15, 1969, and incorporated into the 239th Aviation Company.
  * Service in the Korean DMZ for members of the 6th Aviation Platoon or 239th Aviation Company is limited to helicopter crewmen, which generally consisted of pilots, crew chief, and door gunner(s).  A factual finding must still be made as to the nature of the Veteran's service in determining whether or not herbicide exposure is established.

Division Reaction Force| 4th Squadron, 7th Cavalry.  
Other| 

  * 2nd Military Police Company, 2nd Infantry Division
  * 2nd Engineer Battalion, 2nd Infantry Division
  * 13th Engineer Combat Battalion
  * United Nations Command Security Battalion-Joint Security Area (UNCSB-JSA)
  * Crew of the USS Pueblo, or
  * 25th Chemical Company, 2nd Infantry Division.

### 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.| **Step**| **Action**  
1| Do the available records provide sufficient circumstances of exposure for the Veteran’s Korean DMZ service?

  * If _yes_ , go to the next step.
  * If _no_ , send a subsequent development letter to the claimant and allow 30 days for a response.

2| Did the Veteran provide sufficient information to complete a RAR request?

  * If _yes_ , go to the next step.
  * If _no_ , refer the claim to the rating activity.

3| Route the claim to the RO Research Coordinator by adding the appropriate

  * tracked item for the RO Research Coordinator's review, and
  * special issue indicator documenting the need for a RAR research request.  

4| The RO Research Coordinator

  * submits a request for herbicide exposure research utilizing the RECORDS RESEARCH REQUEST chevron in VBMS
  * closes the coordinator review tracked item, and
  * removes the special issue indicator.

_**Note**_ :  At this point, the RO Research Coordinator’s duties are complete for the request phase.  When a response to the request is received, go to the next step.  
5| Did the RAR response result in evidence the Veteran was exposed to herbicides?

  * If _yes_ ,
    * document the exposure as directed at M21-1, Part VIII, Subpart i, 1.B.2.e, and
    * go to the next step.
  * If _no_ , refer the claim to the rating activity.

**Important:** If the RAR response indicates that the required records are unavailable, follow the instructions for unavailable Federal records in [M21-1, Part III, Subpart ii, 1.A.1.g](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014108/M21-1-Part-III-Subpart-ii-Chapter-1-Section-A-Requesting-Evidence-From-Federal-Record-Custodians>).  
6| Review the evidence of record to determine whether a compensation examination is warranted.  
_**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](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014116/M21-1-Part-III-Subpart-ii-Chapter-2-Section-D-Control-and-Follow-Up-of-Requests-for-Service-Records>).  

## 5. Establishing Herbicide Exposure in Other Locations

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. | **Step**| **Action**  
1| If the claimant did not provide approximate dates, location(s), and nature of the alleged exposure to herbicides, send a subsequent development letter and include the _VBMS AO - Exposure General Notice_ paragraph.  Allow the Veteran 30 days to submit the requested information.  
2| After 30 days, did VA receive this information?

  * If _yes,_ go to Step 3.
  * If _no_ ,
    * refer the case to the rating activity, and
    * disregard the remaining steps in the table.

3| Research the date(s), location(s), and circumstances of claimed herbicide exposure with the _[DOW List of Locations Where Tactical Herbicides Were Tested, Used and Stored Outside of Vietnam](<https://www.publichealth.va.gov/exposures/agentorange/locations/tests-storage/index.asp>)_  lists provided by DOW.**Exception:** If in response to the letter sent in Step 1 above, the Veteran provided an allegation of service in a location associated with a presumption of herbicide exposure, follow the procedures relevant to the specific location._**Important**_ :  Use the DOW lists solely as a reference tool.  Do not submit requests directly to the Armed Forces Pest Management Board.  All requests for additional research of herbicide exposure must be submitted to RAR.  
4| Did the DOW lists confirm that herbicide exposure was consistent with the places, types and circumstances of the Veteran’s service?

  * If yes,
    * establish herbicide exposure on a facts-found basis, and
    * continue processing the claim.
  * If no, go to Step 5.

5| Has the Veteran provided sufficient information to permit a search by RAR?

  * If _yes_ , refer the case to the RO Research Coordinator to send a request to RAR for verification of exposure to herbicides.
  * If _no_ , process the SC claim as a non-presumptive disability claim under the TERA procedures as outlined in the _[PACT Act Implementation SOP](<https://vbaw.vba.va.gov/bl/21/pact.htm>)_. 

_**Reference**_ :  For more information on referring a claim to the RO Research Coordinator, see the _[NWQ Playbook](<https://dvagov.sharepoint.com/sites/VACOOFOGeneral/SitePages/Home.aspx>)_.
