--- title: "Part VIII, Subpart i, Chapter 1, Section D Processing Claims Based on Nautical Herbicide Exposure" document: "M-21-1" section: "Part VIII, Subpart i, Chapter 1, Section D" canonical: "https://veteranai.co/va-regulations/m21-1/viii.i.1.d-processing-claims-based-on-nautical-herbicide-exposure" source: "https://www.knowva.ebenefits.va.gov/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" updated: "2026-09-07T14:37:30.410321Z" --- September 15, 2025 ### VIII.i.1.D.1.a. Legislative History of Presumptive Nautical Herbicide Exposure On January 29, 2019, the Federal Circuit issued a decision in _Procopio v. Wilkie_ regarding service in the territorial sea of the Republic of Vietnam (RVN) and Agent Orange exposure. The Veterans Benefits Administration (VBA) issued interim procedures for controlling claims affected by the _Procopio_ decision in [_VBA Letter 20-19-05, Interim Procedures for Controlling Claims affected by the U.S. Court of Appeals for the Federal Circuit decision in Procopio v. Wilkie_]() _,_ on February 15, 2019. On June 25, 2019, the President signed _Public Law (PL) 116-23_ , _Blue Water Navy Vietnam Veterans Act of 2019_(BWN law). Congress directed the BWN law to go into effect on January 1, 2020. On August 10, 2022, the President signed _PL 117-168, Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022_ establishing substantial legislative changes for the Department of Veterans Affairs (VA). This law expanded locations associated with herbicide exposure, some of which include nautical locations. ### VIII.i.1.D.1.b. Claim Requirements for BWN Law Retroactive Effective Dates To be considered for benefits under the BWN law, claimants must file a claim on a standard claim form for the type of benefit sought.Use the table below to determine the claim requirements for consideration of a retroactive effective date under the BWN law. | **If the claim involves ...**| **Then to be considered for a retroactive effective date under the BWN law...** disability compensation| * Veterans must have filed an explicit claim and been denied benefits for a disability between September 25, 1985, and January 1, 2020, and * submit a claim for disability compensation for the same condition covered by the prior claim. dependency and indemnity compensation (DIC)| * survivors must have applied for and been denied DIC benefits between September 25, 1985, and January 1, 2020, and * submit a claim for DIC. accrued| * the survivor must have applied for or have been denied accrued benefits between September 25, 1985, and January 1, 2020, and * submit a claim for accrued benefits for the same beneficiary. **Note:** Previously denied accrued claims, must have been filed timely (within one year of the Veteran’s death) for the above to apply. _**Important**_ : For supplemental claims, consider the BWN law as both new evidence sufficient to render the supplemental claim complete, and relevant evidence sufficient to trigger a duty to assist and issue a merit-based decision. _**References**_ : For more information on * required claim forms, see [M21-1, Part II, Subpart iii, 1.A.1]() * supplemental claims, see [M21-1, Part II, Subpart iii, 2.B](), and * effective dates under the BWN law, see M21-1, Part VIII, Subpart i, 1.D.4. ### VIII.i.1.D.1.c. Proper Controls for Nautical Herbicide Claims All claims based on herbicide exposure during the Vietnam era will be initially controlled under the appropriate end product (EP). Claims that are based on nautical service will be tracked under an EP 335. As the claim moves through the process, it is crucial that the appropriate EPs, corporate flashes, and special issues are assigned _at the appropriate time_. These claim attributes are used to track claims for reporting purposes and to route the claim to the appropriate processing team.**Reference:** For more information on establishing EP control of nautical herbicide claims, see M21-1, Part VIII, Subpart i, 1.D.2.c. ### VIII.i.1.D.1.d. HLRs Higher-Level Reviews (HLRs) affected by the BWN law should be reviewed to ensure they were processed in accordance with herbicide exposure development procedures. If there is no herbicide exposure identified, based on previous criteria, the HLR will be treated as a failure to develop to determine whether a Veteran’s offshore service qualifies for exposure, which is considered as an error in VA’s duty to assist the claimant in securing military records relevant to substantiating the claim. VA will treat HLRs impacted by the BWN law or the PACT Act as “duty to assist errors” and if service connection (SC) for the claimed issue(s) cannot be granted (regardless of whether the maximum benefit can be granted, or not), the issue(s) will be returned for corrective action even though the prior rating decision was made before the BWN law and the decision maker was acting on guidance in place at the time. ### VIII.i.1.D.1.e. BVA Grants If the Board of Veterans’ Appeals (BVA) grants an issue(s) and recognizes service in the eligible offshore waters, there is no need to complete an _Herbicide Exposure Verification Memorandum_ or other development to place the Veteran within the offshore waters of the RVN. The office processing the decision should take action based on the specifications of the grant. ### VIII.i.1.D.1.f. Concessions of Qualifying Nautical Service Concessions of qualifying nautical service in any location are the sole responsibility of the centralized processing teams. **Important:** Veterans may qualify for herbicide exposure on more than one basis (e.g. eligible offshore RVN waters and Guam). In order to ensure the most advantageous decision is made on a Veteran’s claim, claims processors must follow the guidance in [M21-1, Part VIII, Subpart i, 1.B.1.b](). ## 2. Centralized Processing Team Development Overview This topic contains information about centralized processing team procedures, including * centralized processing team development responsibilities * Ship Locator Tool * overview of nautical-based herbicide exposure verification procedures * documenting herbicide exposure * service in locations outside of the RVN, and * Herbicide Exposure Verification Memorandum template. September 15, 2025 ### VIII.i.1.D.2.a. Centralized Processing Team Development Responsibilities For the claims that require centralized processing for research of herbicide exposure as described in [M21-1, Part VIII, Subpart i, 1.A.1.d](), the centralized processing teams are responsible for the following claim development steps: * researching military records and VBA-approved sites * using VBA-approved tools * documenting the evidence-based determination for the Veteran’s category(ies) of nautical service * sending subsequent development letters to Veterans or survivors * requesting examinations or medical opinions and any other relevant records, and * referring claims, when appropriate, to the Records Research Team. **Notes:** * The centralized processing team’s evidence-based determination will be formally documented, uploaded to the Veteran’s electronic claims folder (eFolder), and is binding on all regional offices (ROs). * The centralized processing teams will be responsible for all adjudication activities involved in processing nautical herbicide contentions, as well as all other concurrently pending issues. ### VIII.i.1.D.2.b. Ship Locator Tool The centralized processing team will utilize VBA’s Ship Locator Tool hosted in Oracle Business Intelligence Enterprise Edition (OBIEE). This tool leverages Navy and Coast Guard vessel deck log coordinate data used to determine whether herbicide exposure can be recognized.**Important:** To support PACT Act claims processing, VA is currently working on adding additional data from ship deck logs into the Ship Locator Tool. Claims based on service in a PACT Act nautical location should not be denied for lack of verified service in the available records until these updates are complete. Claims should be researched to determine if available records can place the Veteran in a qualifying location, including the RVN. If qualifying service cannot be verified, the claim should be held in abeyance until all tools and resources are available. ### VIII.i.1.D.2.c. Overview of Nautical-Based Herbicide Exposure Verification Procedures The centralized processing teams and designated legacy appeals personnel follow the steps in the table below to make the evidence-based determination regarding a Veteran’s service in a nautical-based location associated with herbicide exposure. | **Step**| **Action** 1| Have all military records (_DD 214_ , _Certificate of Uniformed Service_ , service treatment records, and entire military personnel file) been obtained or unavailability documented? * If _yes_ , go to the next step. * If _no_ , * request missing records, and once obtained, * go to the next step. 2| Review the content in [M21-1, Part VIII, Subpart i, 1.A.1.d](). Was the claim appropriately referred for centralized processing? * If _yes_ , use the table below to determine the appropriate EP control. * If _no_ , * add the following Veterans Benefits Management System (VBMS) note: _Nautical service not researched as the Veteran did not claim nor the evidence imply potential nautical service. No Herbicide Exposure Verification Memorandum or centralized processing required._ * remove the _Blue Water Agent Orange_ special issue from all contentions so that the claim may be routed back through normal National Work Queue (NWQ) routing rules, and * disregard the remaining steps in this table. | **If the current EP is …**| **Then …** an EP * _040_ _– Supplemental claim_ * _040 –HLR DTA Error_ or _Difference of Opinion_ * _165_ * _930_ other than those listed in the rows below, or * _683_ | establish a companion EP 335 with the * same date of claim as the underlying EP, and * _Companion Review_ claim label. **Note:** The companion EP 335 for an EP 165 should be established as CPD payee 00. an EP * _030_ * _040_ _– Board DTA Error_ , or * EP _930_ with the appropriate claim label variant relating to * _Board DTA Error_ * _Board Grant_ , or * _HLR_ | confirm a companion EP 335 with the _Appeals Review_ claim label is already established with the same date of claim as the underlying EP. a legacy appeal EP * _070_ * _170_ , or * _930_ _– Appeals Control_ * confirm a companion EP 335 with the _Appeals Review_ claim label is already established with the same date of claim as the underlying EP, and * affix the _Appeals Issue Intertwined_ special issue. any other EP| change the current EP to an EP 335. **Reference:** For more information on EP 335 processing, see [M21-4, Appendix B](). 3| Does the case involve a legacy appeal or EP 040 – _HLR DTA Error_ or _Board DTA Error_? * If _yes_ , use the table below based on workload type and to the next step. * If _no_ , go to the next step. | **If the workload is a(n) …**| **Then add …** EP _040_ * _HLR DTA Error_ , or * _Board DTA Error_ | the _Special 12-Mile Review_ special issue to all BWN-related contention(s) on the EP 335 and EP 040. legacy appeal| * the _Special 12-Mile Review_ special issue to all BWN-related contention(s) on the EP 335 and legacy appeal EP, and * a Veterans Appeals Control and Locator System (VACOLS) diary under diary code “Other” to reflect “Ship Locator Research Required” and set the diary suspense for 15 days, as depicted below. _**Example**_ : ![This is an image of the VACOLS Diary Detail screen.](/system/ws/v11/media/image/5544/31db7a32-de7c-4a64-9af6-a5f8f46b7d26) 4| Review service records and the sites listed in M21-1, Part VIII, Subpart i, 1.D.3.k and access VBA’s Ship Locator Tool. Follow the table below to document the category of nautical service based on these resources.**Note:** For legacy appeals and EPs 040 – _HLR DTA Error_ or _Board DTA Error_ , use of the Ship Locator Tool is restricted to the centralized processing team.| **If the resources indicate …**| **Then …** service in a qualifying nautical location as listed in [M21-1, Part VIII, Subpart i, 1.A.1.c]()** _Note_** : Veterans may qualify for herbicide exposure on more than one basis (e.g. eligible offshore RVN waters and Guam). In order to ensure the most advantageous decision is made on a Veteran’s claim, claims processors must follow the guidance in [M21-1, Part VIII, Subpart i, 1.B.1.b]().| * recognize herbicide exposure * if using resources other than Ship Locator Tool, * ensure the supporting evidence used to recognize exposure is uploaded to the Veteran’s eFolder, and * update the evidence in accordance with the procedures in M21-1, Part VIII, Subpart i, 1.D.2.d * if using the Ship locator Tool, upload to the Veteran’s eFolder the * _Bulk Print Deck Logs_ report for the date range used to recognize herbicide exposure using the following for the subject line: _Service Personnel Records: Logbooks_ * _Deck Log Report_ tab results using the same date range as the deck logs uploaded, and * screenshot of _Ship Location Map_ results using the same date range as the deck logs uploaded * complete the _Herbicide Exposure Verification Memorandum_ designating the location(s) of exposure * upload the _Herbicide Exposure Verification Memorandum_ to Veteran’s eFolder using the following for the subject line: _Eligible Herbicide Nautical Service Confirmed_ * proceed with all other required development, to include requesting any necessary examinations, and once complete, and * go to Step 6. **Important:** Where necessary, exercise adjudicative discretion in reviewing and interpreting the results generated by VBA’s Ship Locator Tool. If the tool produces results or coordinates that are clearly inconsistent with the remaining evidence of record and/or place a vessel in a location that would be factually inaccurate or impossible, do not use those results as freestanding evidence sufficient to concede exposure. potential service in a Thailand nautical location only| * upload, if available, * _Deck Log Availability_ tab results for all vessels and time periods, and * screenshot of _Ship Location Map_ results for all vessels and time period * affix the _Special 12-mile Review_ special issue, which will trigger assignment of the claim to the Records Research Team, and * add the _Stage 2 Development_ tracked item with a suspense date set for the next business day. **Important:** Do not refer the claim to the Records Research Team if exposure can be established without further researching Thailand nautical service. service outside an eligible presumptive herbicide location| * upload, if available, * _Deck Log Availability_ tab results for all vessels and time periods, and * screenshot of _Ship Location Map_ results for all vessels and time periods * send the claimant a subsequent development letter that includes the relevant Agent Orange-related development actions, and when the suspense expires or the Veteran responds, and * go to Step 5. no Ship Locator Tool records are available| * upload, if available, * _Deck Log Availability_ tab results for all vessels and time periods, and * screenshot of _Ship Location Map_ results for all vessels and time periods * send the claimant a subsequent development letter that includes the relevant Agent Orange-related development actions * affix the _NWQ Review Project #4_ _ _ special issue, and * add the _Stage 2 Development_ tracked item with a 30-day suspense. **Note:** Until all records are available to research nautical service as noted in M21-1, Part VIII, Subpart i, 1.D.2.b, the _NWQ Review Project #4_ special issue will remain on the claim, along with the _Stage 2 Development_ tracked item. **Reference:** For more information on the Ship Locator Tool, see, * M21-1, Part VIII, Subpart i, 1.D.2.b, and * M21-1, Part VIII, Subpart i, 1.D.3.l. 5| Review additional evidence, if any, provided by the Veteran in response to the subsequent development letter. Use the table below to determine the next step.| **If ...**| **Then ...** * service in a qualifying location can be established, or * evidence suggests potential service in a Thailand nautical location only | follow applicable guidance from Step 4 above. * the Veteran did not respond, or * evidence still does not establish service in a qualifying location * affix the _Special 12-mile Review_ special issue, which will trigger assignment of the claim to the Records Research Team, and * add the _Stage 2 Development_ tracked item with a suspense date set for the next business day. 6| Use the table below to appropriately route the claim for rating activity.| **If the Veteran’s nautical service is based on ...**| **Then ...** the BWN law| refer the claim to the centralized processing team’s rating activity.**Note:** Centralization of BWN workload will continue based on the specialized training required to process the workload. the PACT Act _only_| remove the _Blue Water Agent Orange_ special issue from all contentions so that the claim may be routed back through normal NWQ routing rules. **Reference:** For more information on centralized processing requirements, see * [M21-1, Part VIII, Subpart i, 1.A.1.d](), and * [M21-1, Part VIII, Subpart i, 1.C.1.i](). ### VIII.i.1.D.2.d. Documenting Herbicide Exposure If a Veteran’s service qualifies for herbicide exposure, either follow the procedures in * [M21-1, Part VIII, Subpart i, 1.B.2.e]() to properly format the documents used to verify herbicide exposure, or * Step 4 of the table in M21-1, Part VIII, Subpart i, 1.D.2.c when documenting herbicide exposure based on the Ship Locator Tool results. **Reference:** For more information on editing document properties, see the _VBMS User Guide_. ### VIII.i.1.D.2.e. Service in Locations Outside of the RVN In cases where nautical service is not claimed or indicated, or where service in another qualifying in-country location can be established, the centralized processing team will refer the claim back to the ROs. Centralized processing teams must continue full research of all claims where the Veteran * alleges service in a nautical location and no other qualifying service is shown, or * was previously denied SC based on no qualifying service and has an explicit or implicit claim of RVN-based nautical service. **References:** For more information on * when to consider nautical service, see M21-1, Part VIII, Subpart i, 1.D.3.a, and * when centralized processing is required for the rating and authorization activities, see [M21-1, Part VIII, Subpart i, 1.C.2.i](). ### VIII.i.1.D.2.f. Herbicide Exposure Verification Memorandum Template Complete and upload the _Herbicide Exposure Verification Memorandum_** below to document all qualifying nautical service areas in herbicide claims.**Reference:** For more information on when to use the memorandum, see M21-1, Part VIII, Subpart i, 1.D.2.c. ![This is an image of the Herbicide Exposure Verification Memorandum.](/system/ws/v11/media/image/5544/ceb0c773-5a10-4572-a3c5-6e614e8c6cbe) ## 3. Developing Claims Based on Nautical Service This topic contains information on developing claims based on RVN nautical service, including * evidence of nautical service * RVN nautical service locations * definition of inland waterways * specific geographic locations determined to be inland waterways * definition of eligible offshore waters * specific geographic locations determined to be in the eligible offshore waters * definition of ineligible offshore waters * Thailand nautical service * Guam and American Samoa nautical service * Johnston Atoll nautical service * researching nautical service through approved military sites * handling Deck Log Report Tab results in the Ship Locator Tool, and * processing claims based on storage of Agent Orange aboard Navy and Coast Guard ships. September 15, 2025 ### VIII.i.1.D.3.a. Evidence of Nautical Service 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, qualifying nautical service must be fully researched before sending the claim for a decision. Evidence that may imply nautical service includes * service records noting service * on a ship * with a Naval Air Squadron, or * in a Marine Corps battalion assigned to a ship, or * statements submitted in support of previous claims. **References:** For more information on * handling claims with multiple qualifying service areas, see M21-1, Part VIII, Subpart i, 1.D.2.c, and * researching nautical service, see [M21-1, Part VIII, Subpart i, 1.B.1.b](). ### VIII.i.1.D.3.b. RVN Nautical Service Locations The Agent Orange Act of 1991 implemented under [38 CFR 3.307(a)(6)(iii)]() requires “duty or visitation” within the RVN, including its inland waterways, between January 9, 1962, and May 7, 1975, to establish a presumption of Agent Orange exposure. Determine which of the following categories of nautical RVN service is established: * inland waterways * eligible offshore waters, or * ineligible offshore waters. **Notes:** * Service on ships in the RVN was not limited to the Navy; therefore, develop all claims based on service aboard a ship under the procedures in this topic, regardless of branch of military service. * Veterans may qualify for herbicide exposure on more than one basis (e.g. eligible offshore RVN waters and Guam). In order to ensure the most advantageous decision is made on a Veteran’s claim, claims processors must follow the guidance in the content titled, _Handling Claims With Multiple Qualifying Service Areas_. **Reference:** For more information on effective dates under the BWN law, see M21-1, Part VIII, Subpart i, 1.D.4.c. ### VIII.i.1.D.3.c. Definition: Inland Waterways ** _Inland waterways_** (also referred to as **_brown-water Navy_** **_service)_** are fresh water rivers, streams, and canals, and similar waterways. Because these waterways are distinct from ocean waters and related coastal features, service on these waterways is service in the RVN.** **VA considers inland waterways to end at their mouth or junction to other offshore water features, as described below. For rivers and other waterways ending on the coastline, the end of the inland waterway will be determined by drawing straight lines across the opening in the landmass leading to the open ocean or other offshore water feature, such as a bay or inlet. For the Mekong and other rivers with prominent deltas, the end of the inland waterway will be determined by drawing a straight line across each opening in the landmass leading to the open ocean. **Important:** * A statement of the Veteran going ashore or development for other evidence is not required if the Veteran’s service aboard the ship during the time it was operating on inland waterways is verified. * Establish inland waterways service using the Ship Locator Tool or other military records. * While historically, VBA considered inland waterways service equivalent to in-country service, for the purposes of blue water Navy claims processing, it must be handled as nautical, or ship-based, service. ### VIII.i.1.D.3.d. Specific Geographic Locations Determined to Be Inland Waterways The following locations meet the criteria for inland waterways of the RVN: * all rivers, from their mouth on the coast, or junction with adjoining coastal water feature, and throughout upstream channels and passages within Vietnam * Rivers ending in bays or other offshore water features on the coastline end at a notional boundary line drawn across the junction between the river and the offshore water feature. * The Mekong River and other rivers with prominent deltas begin at a line drawn across the mouth of each inlet on the outer perimeter of the landmass of the delta. * all streams * all canals, and * all navigable waterways inside the perimeter of land-type vegetation (e.g., trees and grasses, but not seaweed or kelp). This is particularly applicable to marshes found in the Rung Sat Special Zone and other Vietnam coastal areas. **Note:** Establish inland waterways service using the Ship Locator Tool or other military records. ### VIII.i.1.D.3.e. Definition: Eligible Offshore Waters The **_eligible offshore waters_** is the territorial sea of the RVN, not more than 12 nautical miles seaward from the southwestern demarcation line of the waters of Vietnam and Cambodia as detailed in the BWN law. **Notes:** * If the centralized processing team is unable to place a Veteran in the eligible offshore waters or other qualifying location, the claim must be referred to the Records Research Team for additional research. * Service in the eligible offshore waters of the RVN during the time period beginning on January 9, 1962, and ending on May 7, 1975, qualifies a Veteran for presumption of herbicide exposure based on service in the RVN as defined in [38 CFR 3.307]() and [38 U.S.C. 1116A]() * VA began recognizing herbicide exposure based on service in the eligible offshore waters in the RVN effective January 1, 2020. ### VIII.i.1.D.3.f. Specific Geographic Locations Determined to Be in the Eligible Offshore Waters Based on research of military records, the following bays and harbors are considered to be within the eligible offshore waters of the RVN: * Cam Ranh Bay * Da Nang Harbor * Dam Bay * Ganh Rai Bay * Nha Phu Bay * Nha Trang Harbor * Qui Nhon Bay * Rach Gia Bay * Tre Bay * Van Phong Bay * Vung La Bay * Vung Lam Bay * Vung Ro Bay * Vung Tau Harbor, and * Xuan Dai Bay. **Notes:** * Establish service in an approved bay or harbor using the Ship Locator Tool, other military records, or approved military sites. * If military records show that the Veteran was on board a ship during the time it had duty or visitation in one of the above bays or harbors, centralized processing teams must recognize herbicide exposure. ### VIII.i.1.D.3.g. Definition: Ineligible Offshore Waters ** _Ineligible offshore waters_** are the high seas beyond the eligible offshore waters of the RVN. **Notes:** * Service in ineligible offshore waters does not qualify the Veteran for presumption of herbicide exposure. * If the centralized processing team is unable to place a Veteran in the eligible offshore waters or other qualifying location, the claim must be referred to the Records Research Team for additional research. ### VIII.i.1.D.3.h. Thailand Nautical Service Under the PACT Act, there is a presumption of herbicide exposure for Veterans who served in Thailand at any United States or Royal Thai base during the specified time frame. 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. When the evidence does not establish service in a qualifying herbicide location _and_ there is evidence of potential Thailand nautical service, follow the procedures outlined in Step 4 of the table in M21-1, Part VIII, Subpart i, 1.D.2.c, to transfer the claim to the Records Research Team.**Reference:** For more information on evidence of Thailand nautical service, see M21-1, Part VIII, Subpart i, 1.D.3.l. ### VIII.i.1.D.3.i. Guam and American Samoa Nautical Service The PACT Act established a presumption of herbicide exposure for Veterans who served on Guam and American Samoa or in the territorial waters thereof, during the period January 9, 1962, to July 31, 1980.**Note:** Establish nautical service in the territorial waters of Guam or American Samoa using the Ship Locator Tool, available military records, or approved military sites. ### VIII.i.1.D.3.j. Johnston Atoll Nautical Service Under the PACT Act, there is 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. In order for the presumption of herbicide exposure to apply, the Veteran must have served on the ship at the time it called at Johnston Atoll during the qualifying period.**_ _**Notes:** * **_Called at_** is synonymous with “Port of Call.” It is an intermediate stop for a Naval vessel at a designated location. If evidence shows the Veteran’s ship stopped at Johnston Atoll while the Veteran was aboard the ship, recognize herbicide exposure. * Establish nautical service at Johnston Atoll using available military records or approved military sites. * Any evidence of a ship stopping at Johnston Atoll meets this criterion. There is no minimum time frame requirement for the ship’s stay. * A ship may call to discharge personnel or materials. * Evidence of a ship dropping anchor at Johnston Island would qualify. ### VIII.i.1.D.3.k. Researching Nautical Service Through Approved Military Sites The following table describes the approved sites the centralized processing teams must use in addition to the Ship Locator Tool to attempt to verify whether the Veteran had duty or visitation in a location associated with presumptive herbicide exposure.| **Website**| **Information Available** * [ _Dictionary of American Naval Aviation Squadrons, Volume 1_](), and * [ _Dictionary of American Naval Aviation Squadrons, Volume 2_]() | Contains the histories of all attack squadrons (“VA” prefix) and strike fighter squadrons (“VFA” prefix), for Navy flight personnel who state they served with a unit in the RVN.**Important:** If evidence shows a detachment of the squadron deployed to the RVN while the Veteran was assigned to the squadron, and the Veteran provides a lay statement of RVN service with the squadron, then recognize service on the land in the RVN. [_U.S. Naval Bases & Support Activities Vietnam_]()| A list of naval bases and support activities located in the RVN.**Important:** In addition to service aboard ships, Naval personnel were assigned to bases in the RVN. If a Veteran’s military records show service at one of these locations, the service qualifies as in-country RVN service. [_US Navy Deck Logs from the Vietnam Era_]()| An ongoing project by the National Archives and Records Administration to digitize deck logs. Contains a partial list of log books for Navy ships from the Vietnam era.**Important:** * This site has limited functionality to assist with narrowing a search for relevant records. If a search of the deck logs on this site cannot be completed efficiently, such as when only a limited date range of potential exposure is known, proceed with sending a request to the Records Research Team. * Recognize herbicide exposure if the deck logs note a ship’s operations included visitation at a bay or harbor listed in M21-1, Part VIII, Subpart i, 1.D.3.f. **Notes:** * Claims processors must ensure any records used to recognize exposure are uploaded to the Veteran’s eFolder and documented as described in M21-1, Part VIII, Subpart i, 1.D.2.d. * If the above resources and Ship Locator Tool do not establish service in a qualifying location, the claim must be referred to the Records Research Team for additional research. ### VIII.i.1.D.3.l. Handling Deck Log Report Tab Results in the Ship Locator Tool Use the table below to process the results generated in the Ship Locator Tool’s DECK LOG REPORT tab. | **If the DECK LOG REPORT Tab displays ...**| **Then ...** turquoise highlighting| recognize as eligible offshore waters of the RVN. brown highlighting| recognize as inland waterways of the RVN. _ANCHORED_| * review available deck log images and determine if there was service in an eligible bay or harbor of the RVN or other qualifying location, and if not, * follow the guidance for claims with service outside an eligible presumptive herbicide location in Step 4 of M21-1, Part VIII, Subpart i, 1.D.2.c. pink highlighting| recognize as territorial waters of Guam. yellow highlighting| recognize as territorial waters of American Samoa. purple highlighting| * accept the results as evidence of potential Thailand nautical service, and * follow the guidance for claims with potential Thailand nautical service in Step 4 of M21-1, Part VIII, Subpart i, 1.D.2.c. **Important:** Do not refer the claim to the Records Research Team if exposure can be established without further researching Thailand nautical service. no results| follow the guidance for claims with no Ship Locator Tool records in Step 4 of M21-1, Part VIII, Subpart i, 1.D.2.c. ### VIII.i.1.D.3.m. Processing Claims Based on Storage of Agent Orange Aboard Navy and Coast Guard Ships Agent Orange was **_not_** transported, stored, or used aboard Navy or Coast Guard ships. If a Veteran claims exposure to herbicides due to transport, storage, or use of herbicides aboard a Navy or Coast Guard ship, and the ship is not shown to have been in a qualifying location, refer the claim to the Records Research Team for additional research. ## 4. Centralized Processing Team Rating Procedures for BWN Claims This topic contains information on centralized processing team rating procedures, including * centralized processing team rating responsibilities * rating decision requirements * retroactive effective dates under the BWN law * requirement for explicit claim for retroactive entitlement * inapplicability of 38 CFR 3.114 * interplay of Nehmer and the BWN law * non-retroactive effective dates * other effective date considerations, and * Veteran Affairs Schedule for Rating Disabilities (VASRD) updates and staged ratings. September 15, 2025 ### VIII.i.1.D.4.a. Centralized Processing Team Rating Responsibilities Centralized processing teams will be responsible for rating all claims impacted by the BWN law, including grants and denials.**Note:** The centralized processing teams will be responsible for all adjudication activities involved in processing blue water Navy contentions, as well as all other concurrently pending non-blue water issues.**Reference:** For more information on when centralized processing is required for the rating and authorization activities, see [M21-1, Part VIII, Subpart i, 1.C.2.i](). ### VIII.i.1.D.4.b. Rating Decision Requirements All ratings completed based on the BWN law must follow the long-form rating decision format as detailed in [M21-1, Part V, Subpart iv, 1.A.7]() and include a full explanation of the decision to grant or deny the benefit sought and any effective date assigned. This includes * listing the _Herbicide Exposure Verification Memorandum_ , as well as all other relevant evidence * explaining how herbicide exposure was or was not established * explaining the basis for assigned evaluations, including staged ratings * justifying all assigned effective dates * providing all laws and regulations applicable to the claim, and * addressing favorable findings, when applicable. **Important:** Assign the _Agent Orange – Vietnam_ special issue to each rated disability in VBMS-Rating.**Note:** If deciding the claim based on service in other nautical locations, follow the general rating decision guidelines for herbicide claims in [M21-1, Part VIII, Subpart i, 1.C.1.h](). ### VIII.i.1.D.4.c. Retroactive Effective Dates Under the BWN Law In addition to extending the presumption of exposure to herbicides to certain Veterans who had service in the territorial waters of the RVN during the period January 9, 1962, to May 7, 1975, the BWN law authorizes retroactive payment of benefits based upon previously denied claims. In conjunction with the BWN law, retroactive benefits may be authorized when the Veteran or survivor submitted a claim on or after September 25, 1985, and before January 1, 2020, for a covered disease, provided that * VBA denied the claim under its prior interpretation of the law regarding Vietnam service, which did not include service in the territorial waters, **_and_** * the Veteran or survivor has submitted a claim for the same previously denied condition that was * pending on January 1, 2020, or * received on or after January 1, 2020. For the purpose of assigning effective dates, consider the claim filed as of the date of receipt of the previously denied claim.**Important:** A previously denied claim is considered _qualifying_ for retroactive entitlement only if the reason for denial was a lack of evidence that the disease was incurred or aggravated by the service of the Veteran. A retroactive effective date may not be assigned for a claim denied for a reason other than _or in addition to_ a lack of evidence that the disease was incurred or aggravated by the service of the Veteran. * For example, a claim denied due to a lack of evidence of a current disability at the time of that claim is not a _qualifying_ claim subject to the retroactive provisions. * In some situations, only one reason for denial may be stated in the prior decision, though other reasons for denial were implicit in the record. For example, a stated denial reason may have been a lack of evidence that the disease was incurred or aggravated by the service of the Veteran, but the evidentiary record also lacked indication of a current disability. Both the stated and implicit reason for denial are relevant to determining whether a claim may be considered an explicit claim for the presumptive disability. ### VIII.i.1.D.4.d. Requirement for Explicit Claim for Retroactive Entitlement In order to qualify for consideration of the retroactive effective date specified in the BWN law, there must be: * an _explicit_ claim for SC on or after September 25, 1985, and before January 1, 2020, that was previously denied, and * eligibility for SC that becomes warranted specifically under the definition of eligible offshore waters in the BWN law ([38 U.S.C. 1116A]()). **Important:** Medical evidence received alone or in connection with an unrelated claim does not constitute an _explicit_ claim for the purpose of determining retroactive entitlement under the BWN law. The Veteran or survivor must have previously claimed _and_ been denied entitlement to SC for the disability that is now the subject of the claim being considered for retroactive entitlement. ### VIII.i.1.D.4.e. Inapplicability of 38 CFR 3.114 The provisions for retroactive effective dates discussed above are liberalizing changes effected by the BWN law. However, the BWN law specifically directs that regular rules for assignment of effective dates associated with liberalizing changes under [38 U.S.C. 5110(g)](), which is regulated in [38 CFR 3.114](), will not apply when retroactive entitlement is warranted.The provisions of the BWN law concerning the presumption of SC for Veterans who served offshore in the RVN are not liberalizing since this portion of the law serves only to clarify the interpretation of the statutory phrase “served in the Republic of Vietnam” previously found at [38 U.S.C. 1116(a)(1)](). * When an initial grant of benefits is warranted based on a Veteran’s nautical service and a retroactive effective date is not available based on the provisions described above, * _do not_ apply [38 CFR 3.114]() to the assigned effective date, but * _do_ apply [38 CFR 3.400](). * When a retroactive effective date is available based on a previously denied claim, and the previously denied claim was received prior to the date on which the claimed disability was recognized as presumptive disability under [38 CFR 3.309(e)](), [38 CFR 3.114]() will not limit the assigned effective date. SC may be established prior to the date the disability was recognized as presumptive under [38 CFR 3.309(e)]() provided that the claim was received on or after September 25, 1985. This principle applies equally to grants of SC for DIC and accrued claims. **Exceptions:** * The provisions of [38 CFR 3.114]() can impact assignment of an effective date based on the liberalizing effects of an addition of a disability to [38 CFR 3.309(e)](). The two most likely scenarios for this to occur are when a * supplemental claim is pending and an _explicit_ , _qualifying_ previously denied claim was received _after_ the date the claimed disability was added as a presumptive condition in [38 CFR 3.309(e)]() but the diagnosis and other criteria for SC were satisfied on the date the law change recognizing the disability as presumptive, or * new claim is received with medical evidence showing the presumptive disability was diagnosed on or before the date the disability was added to [38 CFR 3.309(e)](). * When [38 CFR 3.114]() is applied to determine the effective date of DIC, the effective date cannot precede the first day of the month of the Veteran’s death. ### VIII.i.1.D.4.f. Interplay of Nehmer and the BWN Law A Veteran who qualifies for retroactive benefits under the BWN law may have filed a claim prior to the date VA added the presumptive disability to [38 CFR 3.309(e)](). In these cases, it is important to determine if the prior explicit claim is the earliest record of the claimant’s intent to seek the benefit, or if an earlier claim can be construed based on _Nehmer_ and review of the evidentiary record.While the BWN law does provide a “ _Nehmer_ -like” effective date by providing for retroactive benefits based on a previously denied claim, this date is _only_ available to claimants who meet the criteria for retroactive entitlement described above (specifically, those who filed a prior explicit claim). Conversely, under _Nehmer_ , VA may construe a claim for the presumptive disability in specific situations. **Example 1:** A Veteran previously claimed SC for ischemic heart disease on August 5, 2007, and submits evidence documenting the diagnosis. There was no other evidence in file prior to that date that could be construed as a claim under _Nehmer_. VA denied the claim on November 12, 2007. The claim was readjudicated under a _Nehmer_ readjudication in 2010, but the Veteran was still not awarded benefits because he did not have in-country Vietnam service. On February 6, 2020, he files again, and VA finds he was in the qualifying offshore waters.**Result:** VA awards SC for ischemic heart disease effective August 5, 2007, the date of the prior explicit claim under the BWN law ([38 U.S.C. 1116A]()).**Example 2:** A Veteran filed a claim for knee arthritis on August 15, 2005. Medical records received in conjunction with that claim show he has ischemic heart disease. He did not explicitly claim ischemic heart disease at that time. On February 13, 2020, the Veteran files a claim for ischemic heart disease, and VA finds he was in the qualifying offshore waters.**Result:** VA awards SC for ischemic heart disease effective August 15, 2005, the date of the prior claim that can be construed as a claim for ischemic heart disease under _Nehmer_.**References:** For more information on * the _Nehmer_ stipulation, see * [M21-1, Part VIII, Subpart i, 2](), and * the [_Nehmer_ _Standard_ _Operating Procedure_](), and * the dates on which disabilities became subject to presumptive SC based on herbicide exposure, see [M21-1, Part VIII, Subpart i, 1.C.1.e](). ### VIII.i.1.D.4.g. Non-Retroactive Effective Dates When SC is established based on a new claim, and no qualifying previously denied claim exists, apply [38 CFR 3.400]() for assignment of effective date. A new claim may include a claim * received prior to January 1, 2020, in which adjudication was previously stayed in accordance with the BWN law, or * received on or after January 1, 2020. Generally, the effective date for a grant of benefits for a new claim will be the later of * the date of receipt of the claim, or * the date entitlement arose. For a grant of entitlement to DIC, the effective date may also be the first day of the month of the Veteran’s death if the claim was filed within one year from the date of the Veteran’s death.When a supplemental claim is received but no _qualifying, explicit_ previously denied claim exists, the effective date will be determined in accordance with [38 CFR 3.2500(h)](). **Important:** * Ensure that no retroactive entitlement exists. When SC is warranted but a previously denied claim exists and the criteria for retroactive entitlement described above are satisfied, establishment a retroactive effective date based on the date of receipt of the previously denied claim. * Do not apply [38 CFR 3.114]() to the assigned effective date for a new or supplemental claim _except_ when the liberalizing change was the addition of a new disability to [38 CFR 3.309(e)]() as discussed above. * The initial claim for accrued benefits must be filed within one year of the Veteran’s death to award any accrued benefits. ### VIII.i.1.D.4.h. Other Effective Date Considerations When assigning an effective date, it is crucial to consider * whether the BWN law is the basis of the decision to now grant SC * whether the claim was previously denied and the bases for previously denied claim * date of diagnosis for the presumptive disability * any relevant Veteran Affairs Schedule for Rating Disabilities (VASRD) updates * changes in level of disability (staged ratings) * applicability of Section 506, _PL 112-154_ , for fully developed claims received between August 6, 2013, and August 5, 2015 * applicability of informal claims under historical [38 CFR 3.151]() prior to March 24, 2015, and * applicability of an intent to file under [38 CFR 3.155(b)]() after March 24, 2015. **Reference:** For more information on the various effective date provisions applicable to herbicide claims, see [M21-1, Part VIII, Subpart i, 1.C.4](). ### VIII.i.1.D.4.i. VASRD Updates and Staged Ratings When processing claims for a retroactive time period, be mindful of changes that have occurred in both VASRD as well as the severity and symptoms of the Veteran’s disability. * When appropriate, assign staged ratings in accordance with [M21-1, Part V, Subpart ii, 3.D.2.j]() and [M21-1, Part X, Subpart ii, 4.A.1.e](). * When considering VASRD adjustments, apply the provisions of [M21-1, Part V, Subpart ii, 4.A.6.m]() and [M21-1, Part V, Subpart ii, 3.D.2.h and i](). **References:** For more information on * protection of compensation evaluations, see [M21-1, Part X, Subpart ii, 1.B]() * VASRD adjustments, see [38 CFR Part 4, Appendix A](), and * historical 38 CFR Part 4 criteria, see * the historical Portable Document Format in the Attachments section for the relevant 38 CFR Part 4 regulation in the Compensation and Pension Knowledge Management portal, and * [eCFR]() for the applicable date.