The Department of Veterans Affairs (VA) has amended its regulation governing individuals presumed to have been exposed to a herbicide agent, commonly called “Agent Orange,” during the Vietnam era. Specifically, the VA is expanding the regulation to include individuals who performed service in the Air Force or Air Force Reserve under circumstances in which they had regular and repeated contact with C-123 aircraft used to spray Agent Orange. In addition, the regulation establishes a presumption that individuals in the Air Force or Air Force Reserve who later develop an Agent Orange presumptive condition were disabled during military service, thus establishing that the disabling condition was service-connected. The effect of this action is to presume herbicide exposure for these individuals and to allow individuals who were exposed to herbicides during reserve service to establish veteran status for VA purposes and eligibility for VA service-connected disability benefits. The Secretary of Veterans Affairs has taken this action to acknowledge that individuals who had regular and repeated exposure to C-123 aircraft that the United States Air Force used to spray the herbicides in Vietnam were exposed to Agent Orange.

The amended federal regulation has been published in the Federal Register as follows – 38 CFR Part 3 – Presumption of Herbicide Exposure

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