The BLUE WATER NAVY VIETNAM VETERANS’ ACT of 2019
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Agent Orange Exposure on Navy or Coast Guard Ships
The Blue Water NAVY Vietnam Act of 2019 ( BWN Act, Public Law 16-23 – Effective January 1, 2020 ) extended the presumption of herbicide exposure such as Agent Orange, and certain medical conditions as directly caused by, attributable to, or related to Agent Orange exposure. ( See below for a listing of these conditions ).
For recognized presumptive service connection, there is no need to establish a link between the occurrence during the Veterans’ service, if the Claim is for one of the more than 120 Presumptive Service-Connected conditions listed in the Federal Regulations. However, further evidence must establish that the Veteran Claimant had the correct particular Duty Assignment or served in applicable, qualifying location(s) in order for the presumption to apply.
Note that recently, a list called The Agent Orange Registry and its free Registry Health Exam for Agent Orange screening became available through the VA. Just from it’s name, it would seem that registration on it would automatically make a NAVY Vietnam Veteran qualified under this Law. Regrettably, that is not the case. Note that the Registry’s exam is free to all Vets with correct Duty Assignments, even though it does not guarantee your Agent Orange Claim. Also note that this exam is not the same as, nor replaces the probable requirement of the well-known Compensation & Pension Exam ( C & P Exam ) .
What is Agent Orange?
Agent Orange is an extremely powerful, highly toxic herbicide which the U.S. Military used to defoliate swaths of land in Vietnam, Cambodia, Laos, Thailand, and Korea. It was also tested, used, and stored at various other locations. Unfortunately, research later showed the herbicide was highly toxic to anyone who came in proximity to it. The effects of Agent Orange can take years to appear. Even if many decades passed between your exposure 35 associated condition, it’s not too late to file a claim. If you otherwise qualify, AVBA is here to assist you in the Claim Process and prove you were exposed to Agent Orange during your military service and have a connected, associated medical condition. Once this is accomplished, the VA must then grant a Service-Connected Compensation benefit.
Who Qualifies for VA Benefits Under the B W N Act ?
A Veteran ( or dependents or survivors of a qualifying Veteran ) may be eligible for disability benefits ( or for Dependency and Indemnity benefits if a qualifying dependent / survivor ) if you meet the requirements listed here ~
First, this MUST BE TRUE :
• The Veteran has a disease or illness the VA believes is caused by Agent Orange exposure ( which VA regards as a “ presumptive ” Service-Connected condition – See below for a list of VA current, potentially covered conditions ) .
Then, at least one of these must also be true :
• Your military record must show that between January 9, 1962, and May 7, 1975, and the Veteran,
• Was aboard a NAVY or Coast Guard vessel that operated in the inland waterways of the Republic of Vietnam,
OR
• Served on a NAVY or Coast Guard vessel not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and / or Cambodia ( as detailed in the B W N Act )
• Veterans ( including some Reservists ) who can provide evidence that they flew on or worked on a C-123 aircraft between 1969 and 1986.
• Was stationed at Department of Defense (DoD) Bases or areas used to test, dispose of, or store herbicides in the U.S.
• Was stationed at Department of Defense (DoD) Bases or areas used to test, dispose of, or store herbicides outside the U.S.
• Additionally, the B W N Act also provides for Cambodian-American Children ( children fathered by otherwise qualifying American Veterans ) who develop one of the 4 forms of the birth defect Spina Bifida to present claims under the Dependency and Indemnity benefits sub-category of Service-Connected Disability benefits
Click HERE for our Service-Connected Disability Compensation Calculator to learn what your monthly compensation award could be.
Ship Deployments List ~
Defining the 5 Different Categories of Qualifying Ships Under the B W N Act
The VA has established a list of Navy and Coast Guard ships that it acknowledges have been exposed to Agent Orange during the Vietnam War. The list serves as a resource for Regional Offices when determining whether a particular Blue Water Navy Veteran is eligible for the presumption of Agent Orange exposure and related benefits. Importantly, the list divides the ships into five separate categories, with categories I and II pertaining to “brown water” vessels (i.e. ships that operated in Vietnam’s inland waterways), and categories III, IV, and V comprised of Blue Water Navy ships.
Ships Operating Primarily or Exclusively in Vietnam’s Inland Waterways
• This Category includes smaller naval vessels involved with patrolling and interdicting enemy activity in the inland waterways (i.e. brown water) of Vietnam. It also includes ships supplying and supporting those operations. Examples of such vessels include swift boats, river patrol boats, and LSTs (landing ship, tank). All Veterans who served aboard these vessels are eligible for the presumption of exposure to Agent Orange.
Ships Operating Temporarily in Vietnam’s Inland Waterways
• This Category II includes large ocean-going ships that operated primarily in Vietnam’s offshore waters for gunfire support of ground operations and interdiction of enemy vessels traveling along coastal waters. It also includes ships supplying and supporting these operations. Examples of such vessels include destroyers, cruisers, and cargo ships.
Ships That Docked to Shore or Pier in Vietnam
• This category includes large ocean-going ships of the Blue Water Navy that entered an open water harbor and docked to a pier or otherwise docked to the shore of Vietnam.
Ships Operating in Vietnam’s Close Coastal Waters for Extended Periods with Evidence That Crew Members Went Ashore
• Category IV is comprised of large ocean-going ships of the Blue Water Navy that conducted a variety of missions along the close coastal waters of Vietnam for extended periods of time. Here, documentary evidence has been obtained for all ships in this category showing that some crewmembers actually went ashore. This group of ships include hospital ships, harbor repair ships, mine sweepers, and seaplane tenders.
Ships Operating on Vietnam’s Close Coastal Waters for Extended Periods with Evidence That Smaller Craft from the Ship Regularly Delivered Supplies or Troops Ashore
• This category includes large ocean-going ships of the Blue Water Navy that conducted supply missions to Vietnam or transported troops into and out of the country through use of smaller landing craft. Examples here include attack cargo ships, amphibious attack transporters, and landing ship docks.
Referencing A Current VA Acknowledged Listing of B W N Ships
NOTE : VA’s current Blue Water Ship Registry exceeds 600 vessels with more being added monthly. To learn if the ship you served aboard is on the list, please give us a ring.
AVBA has access to a special database of the B W N Registry, as well as a unique GPS Addressable, Longitude / Latitude Digital Degrees – Decimal Minutes mapping software system that may be able to determine that your ship WAS WITHIN THE 12 NAUTICAL MILE LIMIT in case it is not currently listed ! Call us ~ 818 999 5656 or email ~ AVBA@email.com and we’ll gladly check your ship’s status, GRATIS !
Ship not on List ? How Do Blue Water Navy Ships Get Added to the List ?
A Blue Water Navy or Coast Guard ship gets added to this list when documentary evidence shows that it fits into a particular category. Such evidence can come from ~
• an Official Ship History,
• Deck Logs, ( Sept 28, 2020 – VA completed digitization of archived Vietnam-ERA deck logs )
• Captain’s Letters,
• or similar documents.
The Appeals Modernization and Improvement Act ( aka AMA )
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If your Blue Water Navy ship is not included on the list, you may still be entitled to the presumption of exposure if your own research can prove your qualifications / and documentary proof that your ship fit within one of the above shown 5 Ship Qualifying Categories.
Helping Veterans & Dependents / Survivors
Navigate the Blue Water Claims Process
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This graphic presents the steps and process for submitting Claims relating to the Blue Water NAVY Vietnam Veterans Act of 2019. Don’t hesitate to contact us if you have questions !
What Agent Orange-related Diseases, Illnesses
and Conditions Qualify for Service-Connected Disability Benefits ?
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Currently, the list of health conditions associated with Agent Orange exposure includes the following :
• A L Amyloidosis ( Amyloidal Light Chain )
• Chloracne Chronic B-Cell Leukemia
• Chronic B-Cell Leukemia
• Diabetes Mellitus, Type 2
• Hodgkin’s and Non-Hodgkin’s Lymphoma
• lschemic Heart Disease
• Laryngeal Cancer
• Lung Cancer
• Multiple Myeloma
• Parkinson’s Disease
• Peripheral Neuropathy – Early Onset
• Porphyria Cutanea Tarda
• Prostate Cancer
• Respiratory Cancer ( e.g. Bronchial Cancer )
• Soft-tissue Sarcoma
• Tracheal Cancer
American Veterans’ Benefits Alliance is Ready to Help !
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With service to our honored Veterans since 2008, a Staff with over 40 years of combined Claims experience and over 1,500 Claims Award successes for our Veteran Clients and their Families, we are here for your assistance, Claims counsel, expertise and if desired, the Start – to – Finish handling of your qualified Claims. Why not contact AVBA today for answers to your questions, a free Claim Consult, or free Compensation / Pension pre-qual – you’ll be glad you did !
