During the Vietnam War, sailors in the Blue Water Navy were service members who never stepped foot on Vietnamese soil. However, these sailors were on ships that sailed in the country's 12-mile territorial waters, and also docked in Vietnam.
Through these actions, they were exposed to the deadly toxin, Agent Orange. This tactical defoliant was used by the U.S. military to destroy dense vegetation, plants, and tree leaves that the Viet Cong and Vietnamese troops used for cover. Because the Blue Water Navy sailors never had “boots on the ground,” the United States Department of Veterans Affairs (VA) later denied them disability benefits for Agent Orange-associated diseases.
In early 2019, a federal court ruling in the case Procopio v. Wilkie gave over 90,000 Blue Water Navy vets “presumption of service-connection” for medical conditions linked to Agent Orange. If you're a Blue Water Navy vet and have a disease on the list linked to Agent Orange exposure, you may be eligible for VA benefits.
The PACT Act of 2022 Expands Agent Orange Presumption to More Vietnam War Era Veterans
In August 2022, Congress passed the PACT Act which included many provisions for veterans exposed toxic substances. One provision of the Act, identical to the Procopio case, presumed a veteran was exposed to Agent Orange if they served on a ship within 12 nautical miles of the Vietnam coast. For Navy veterans of the Vietnam era, you have a presumption of exposure if you meet at least one of these service requirements.
Between January 9, 1962, and May 7, 1975, you must have served for any length of time in at least one of these locations:
- Aboard a U.S. military vessel that operated in the inland waterways of Vietnam, or
- On a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia
Or you served in at least one of these locations that the VA has added based on the PACT Act:
- In the territorial waters off Guam or American Samoa from January 9, 1962, through July 30, 1980, or
- On a ship that called at Johnston Atoll from January 1, 1972, through September 30, 1977
Call Cuddigan Law
If you served in the Blue Water Navy and believe your disease is linked to Agent Orange exposure, contact Cuddigan Law. You may be eligible for VA benefits, and we can help you determine if your service meets the requirements for disability.