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About is Blue Water Navy Vietnam Veterans Act
Blue Water Navy Vietnam veterans have been denied benefits for a gap of 17 years.
Agent Orange was a tactical herbicide, during the Vietnam war when the U.S military cleared leaves and vegetation for the military operation they were exposed to Agent Orange and scummed to certain related illnesses due to the exposure in the Republic of Vietnam Waters.
Now the Blue Water Navy Veterans can claim benefits for conditions related to Agent Orange exposure. Public Law 116-23, the Blue Water Navy Vietnam Veterans Act of 2019, has resulted in this extension of the presumption, the act got signed into law on 25th June 2019, and the law took effect on 1st January 2020.
According to the law the Veterans who were on the ship operating less than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia that is established in Public Law 116-23, between January 9, 1962, and May 7, 1975, were speculated to have been exposed to herbicides like the Agent Orange and may seek disability benefits for conditions related to that exposure.
These Veterans must have one or more of the conditions correlated with Agent Orange exposure that are listed in 38 Code of Federal Regulations section 3.309(e) to be entitled to disability compensation benefits.
The Presumptive Conditions Are Related To Agent Orange Exposure Are
- AL amyloidosis
- Chloracne, or another disease consistent with it
- Chronic B-cell leukemias
- Type 2, Diabetes mellitus
- Ischemic heart disease
- Hodgkin lymphoma, which was initially known as Hodgkin’s disease
- Non-Hodgkin lymphoma
- Multiple myeloma
- Parkinson’s disease
- early-onset of Peripheral neuropathy
- Porphyria cutanea tarda
- Prostate cancer
- Respiratory cancers affecting the lung, bronchus, larynx, or trachea
- Soft-tissue sarcoma besides osteosarcoma, mesothelioma, chondrosarcoma, or Kaposi’s sarcoma).
Where And How Can The Veterans Apply?
The Veterans can speak with a Veterans caseworker. They can also visit a VA regional office and have assistance from a VA employee.
To submit a claim the Veterans can work with an accredited representative or agent like the local VSO.
There is a search function on the VA’s website to help the Veterans and their spouse to locate a representative near them.
Even though they can apply online by using the www.va.gov website, however, it is highly recommended that they complete their claim with the help of one of the above so they can help them in getting the claim right the first time.
When Applying, The veterans Can Make Sure To
Mention on their application that they are filing for one of the presumed Agent Orange conditions.
They need to contain any evidence regarding their service in the offshore waters of the Republic of Vietnam through the given timeframe.
If they have this information they must include the name of the ship and dates that they crossed within 12 nautical miles of the Republic of Vietnam.
The applicant must supply medical evidence showing a diagnosis of their present Agent Orange presumptive condition OR mention where they are being treated.
The applicant does not need to prove or show that they came into contact with Agent Orange.
The Blue Water Navy Act of 2019 has gone into effect from January 1, 2020. The bipartisan Blue Water Navy Vietnam Veterans Act gave VA time until Jan. 1, 2020, to make decisions regarding Blue Water Navy-related claims.
VA was complying with the law that Congress wrote and passed by staying claims decisions until Jan. 1, 2020.
If the applicant’s claim was denied in the past, they need to file a new claim by providing relevant information regarding their claims like the dates that they believe their ship was within 12 nautical miles of the Republic of Vietnam.
All the claims that were in the VA review process or under appeal will be reviewed under the new policy.
If a Blue Water Navy Veteran is applying freshly for benefits then VA applies the provisions of the law to the new claimant based on the presumption of exposure to Agent Orange.
In the event of the death of the claimant while his or her claim is pending, a living dependent, such as a spouse or child, may file a request to be substituted as the claimant.
If the Blue Water Navy Veteran that served on a Navy or Coast Guard ship that worked not over 12 nautical miles from the demarcation line of the waters of Vietnam and Cambodia passed away from a state related to Agent Orange exposure, and who was previously denied compensation for such condition, then VA may award entitlement to Dependency and Indemnity Compensation (DIC) on that basis to their surviving spouse.
Veterans with questions about benefits and claims can get additional information on disability compensation for Agent Orange can visit the VA Agent Orange website.
Similarly, they can call the disability benefits to call center at 800-827-1000.
Conclusion
From Jan. 1, 2020, Veterans who served below 12 nautical miles from the shore of Vietnam, or who had served in the Korean Demilitarized Zone, were acknowledged to have been exposed to Agent Orange and may seek disability profit for the 14 conditions related to this exposure.
Children with spina bifida whose Veteran parents may have been exposed while serving also are extended benefit by VA.
Additionally, PL 116-23 made changes to the VA Home Loan Program, specifically:
VA-guaranteed home loans are not limited only to the Federal Housing Finance Agency Conforming Loan Limits.
After the Blue Water Navy Vietnam Veterans Act of 2019 was signed into law until January 2020, approximately close to 90,000 Blue Water veterans were ineligible for Agent Orange-related benefits.
The Acts extended benefits to all the military personnel who had served within the Republic of Vietnam.
In their application, the Veteran should be filing for one of the conditions related to presumed herbicide exposure like Agent Orange.
