Background
This ships list is intended to provide VA regional offices
with a resource for determining whether a particular US Navy or Coast Guard
Veteran of the Vietnam era is eligible for the presumption of Agent Orange
herbicide exposure based on operations of the Veteran’s ship.
According to 38 CFR § 3.307(a)(6)(iii), eligibility for the
presumption of Agent Orange exposure requires that a Veteran’s military service
involved “duty or visitation in the Republic of Vietnam” between January 9,
1962 and May 7, 1975. This includes
service within the country of Vietnam itself or aboard a ship that operated on
the inland waterways of Vietnam.
However, this does not include service aboard a large ocean-going ship
that operated only on the offshore waters of Vietnam, unless evidence shows
that a Veteran went ashore. Inland
waterways include rivers, canals, estuaries, and deltas. They do not include open deep-water bays and
harbors such as those at Da Nang Harbor, Qui Nhon Bay Harbor, Nha Trang Harbor,
Cam Ranh Bay Harbor, Vung Tau Harbor, or Ganh Rai Bay. These are considered to be part of the
offshore waters of Vietnam because of their deep-water anchorage capabilities
and open access to the South China Sea.
In order to promote consistent application of the term “inland
waterways”, VA has determined that Ganh Rai Bay and Qui Nhon Bay Harbor are no
longer considered to be inland waterways, but rather are considered open water
bays. This is a change from previous
policy. As of February 2, 2016, new
ships will not be added to the list based on operations in those locations and
no additional dates for operations in those locations will be added to those
ships already on the list. Veterans who served aboard ships already on the list
for those locations will retain the presumption of Agent Orange exposure. New Veteran claimants who were aboard ships
in those locations, during the dates already on the list, will also qualify for
the presumption of exposure. This
presumption will extend to all future disability claims from these
Veterans. However, Veterans who were
aboard ships in those locations, during new dates not currently on the list,
will not qualify for the presumption.
Likewise, Veterans aboard new ships in those locations will not qualify
for the presumption of exposure.
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