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November 20, 2019
Expansion of Benefits to Blue Water Navy Vietnam Veterans
Legislative History
who served on U.S. Navy or Coast Guard vessels off the
The Blue Water Navy Vietnam Veterans Act of 2019 (P.L.
coast of Vietnam.
116-23) is the most recent action taken by Congress to grant
disability compensation benefits to veterans exposed to
Overview of P.L. 116-23
Agent Orange, a combination of tactical herbicides used by
P.L. 116-23 amends chapters 11, 17, 18, and 37 of Title 38
the U.S. military in Vietnam. Earlier legislation directed the
of the U.S. Code, expanding the Agent Orange presumption
Department of Veterans Affairs (VA) to provide some
to veterans who served on U.S. Navy or Coast Guard
veterans with VA benefits for specific disabilities without
vessels offshore the Republic of Vietnam; to certain
requiring proof of actual exposure to Agent Orange.
veterans who served in or near the Korean Demilitarized
Zone (DMZ); and to certain veterans who served in
In 1991, the Agent Orange Act (P.L. 102-4) established a
Thailand whose children were born with spina bifida. In
presumption of service connection—that is, a presumption
addition, the law amends multiple provisions related to the
that a disability is related to a veteran’s service, entitling
VA Home Loan Program. All changes to the U.S. Code
that veteran to VA disability compensation—for diseases
made by P.L. 116-23 will take effect on January 1, 2020. In
associated with herbicide exposure contracted by veterans
a July 5, 2019, press release, VA estimated that as many as
who “served in the Republic of Vietnam” between January
560,000 Vietnam-era veterans may be recognized as Blue
9, 1962, and May 7, 1975. VA interpreted “served in the
Water Navy (BWN) veterans.
Republic of Vietnam” to apply to veterans who set foot in
Provisions Expanding the Agent Orange
Vietnam or served on its inland waterways. For veterans to
Presumption
be eligible for VA disability benefits under these
The provisions that expand the Agent Orange presumption
provisions, they must have at least one of the illnesses or
appear in Sections 2, 3, and 4 of P.L. 116-23.
diseases listed in 38 C.F.R. §3.309(e). These include, but
are not limited to, type II diabetes, chloracne, non-Hodgkin
Vietnam Blue Water Navy Veterans
lymphoma, respiratory cancers, and certain types of soft-
Section 2 of P.L. 116-23 extends the presumption of
tissue sarcoma. A veteran without a presumptive condition
herbicide exposure to veterans who served on a U.S. Navy
who was exposed to Agent Orange may be eligible for
or Coast Guard vessel offshore the Republic of Vietnam
benefits by providing sufficient medical evidence linking
between January 9, 1962, and May 7, 1975. These vessels
their condition to this exposure.
must have operated “not more than 12 nautical miles
seaward of a line commencing on the southwestern
On January 25, 2011, VA issued regulations expanding the
demarcation line of the waters of Vietnam and Cambodia.”
scope of the presumption of herbicide exposure to veterans
That line roughly connects Vietnam’s islands located within
who served in or near the Korean Demilitarized Zone
their territorial waters. Figure 1 shows the entire region
(DMZ) between September 1, 1967, and August 31, 1971.
associated with Agent Orange exposure, including the
These regulations took effect on February 24, 2011.
newly added territorial waters and the corresponding 12-
nautical-mile expansion seaward.
On January 29, 2019, the U.S. Court of Appeals for the
Veterans near the DMZ in Korea
Federal Circuit, in Procopio v. Wilkie, invalidated VA’s
interpretation of “Republic of Vietnam” and held that the
Section 3 of P.L. 116-23 codifies the 2011 regulatory
term’s meaning included the country’s 12 nautical miles of
presumption that veterans who served in the Korean DMZ
territorial sea. The court reasoned that, for the purpose of
between September 1, 1967, and August 31, 1971, were
VA benefits, all veterans who served on U.S. vessels within
exposed to herbicides.
the 12-nautical-mile region were eligible for the Agent
Children of Certain Thailand Veterans
Orange presumption.
Section 4 of P.L. 116-23 extends eligibility for health care,
vocational training and rehabilitation, and monetary
As Procopio unfolded, Congress also legislated an
allowances for children born with spina bifida to certain
expansion of the Agent Orange presumption. On January 8,
veterans who served in Thailand between January 9, 1962,
2019, H.R. 299 was introduced to expand the presumption
and May 7, 1975, in the same manner as these benefits are
of herbicide exposure for veterans who served offshore the
available to children of Vietnam veterans exposed to Agent
Republic of Vietnam on U.S. vessels. Following House and
Orange. The veteran must have served in an area of
Senate passage, President Donald J. Trump signed into law
Thailand where the Secretary of Veterans Affairs, in
the Blue Water Navy Vietnam Veterans Act of 2019 (P.L.
consultation with the Secretary of Defense, identified
116-23) on June 25, 2019. The act requires VA to grant the
herbicides used during this time period. This section applies
presumption of exposure to herbicide agents to veterans
to children conceived after the date of the veteran’s service
https://crsreports.congress.gov