Exposure to Agent Orange Outside of Vietnam
Until recently, the VA would grant compensation to veterans exposed to
Agent
Orange (AO) outside of Vietnam only if the claimant proved exposure to
AO
and provided a medical connection between the current disease and that
exposure.
In an apparent effort to equalize the treatment of all veterans exposed
to
AO, the VA recently announced that if exposure outside of Vietnam were
proven, and the veteran had one of the ten diseases presumed by law to
be
related to exposure to AO, the medical connection would be presumed and
the
claim granted unless there were other disqualifying factors. See
comments
on
the final rule adding diabetes to the list of "AO diseases"
in 38 C.F.R.
§
3.309(e), at 66 Federal Register, page 23, 166 (May 8, 2001).
In addition, any veteran concerned about exposure to AO during use,
manufacture, testing or transport outside of Vietnam, may be given an
AO
physical by the VA and added to the Agent Orange Registry (VHA
Directive
2000-027).
The only real issue is proving exposure (all persons who served in
Vietnam
are presumed to have been exposed.) The VA is determining whether
Department
of Defense information is sufficient to add some non-Vietnam units to
the
presumptive exposure list, but none have been added as of June 2001.
The
following areas outside of Vietnam have been confirmed as places where
AO
was used:
1. The Korean demilitarized zone in 1968 and 1969 (extensive spraying).
2. Fort Drum, NY in 1959 (testing).
Other areas where veterans allege AO to have been sprayed include:
1. Guam from 1955 through 1960s (spraying).
2. Johnston Atoll (1972-1978) was used for unused AO storage.
3. Panama Canal Zone from 1960s to early 1970s (spraying).