Navigating VA Benefits for Blue Water Navy Veterans Exposed to Agent Orange and Asbestos

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With the deployment of complete combat units in 1965, the U.S. military involvement in the Vietnam War became evident. An estimated 2.7 million American men and women served in Vietnam, among them the Blue Water Veterans.

The term refers to military personnel stationed on ships or naval vessels operating in open waters (Navy, Marine Corps, and Coast Guard veterans), particularly in the waters off the coast of Vietnam. While Blue Water Veterans were often not involved in ground combat, they were still exposed to various environmental hazards, such as Agent Orange (AO) through water contamination, and, in some cases, asbestos exposure because they were stationed for extended periods on Navy ships built before the 1980s.

The risk of inhaling or ingesting asbestos dust was common on naval vessels. The toxic mineral was widely used in the construction and maintenance of ships due to its heat-resistant properties, which made it crucial for insulation, pipes, boilers, and other equipment on board.

AO was the most widely used and most effective of the chemical herbicides the military applied in Vietnam. It contained a deadly carcinogen commonly called dioxin, but the U.S. armed forces discounted the risk, and no one thought about the wind carrying the spray to American forces. Dioxin is highly toxic even in minimal doses, and in Vietnam, the military sprayed 20 times the recommended dose. The average service member was unaware of the long-lasting effects of dioxin, but scientists knew of its potential to cause injury and disease. AO came under medical scrutiny after doctors noticed returning Vietnam veterans and their families suffering from a range of conditions, from rashes to cancer to congenital disabilities.

Proving the Twelve Nautical Miles

Earlier, veterans who served on ships in the open waters off Vietnam were not granted the same presumption of AO exposure as those who served on the inland waters of Vietnam. However, recent legislative changes extended benefits to these veterans, recognizing their exposure to AO.

Blue Water Navy Veterans are now entitled to the presumption of service connection for conditions linked to AO exposure. This extension of the presumption results from the Blue Water Navy Vietnam Veterans Act of 2019. The law states that Veterans aboard a ship operating within 12 nautical miles of the waters of Vietnam and Cambodia between January 9, 1962, and May 7, 1975, are assumed to have been exposed to herbicides such as AO and may be entitled to service connection for illnesses stemming from that exposure. There are a few tools veterans can use to search for info and find out where a ship was:

Former Navy, Marine Corps, and Coast Guard members can use these ship logbooks to help with VA claims related to AO or asbestos exposure and prove that their ship was within 12 nautical miles of the Vietnam coast for an AO exposure claim.

For asbestos exposure, the logbooks can indicate the kind of ship veterans served on and the type of work they did. This information is helpful if the ship had asbestos materials on board or had undergone repairs or maintenance where asbestos might have been used.

Presumptive Conditions Linked to Agent Orange Exposure

While cancer risks from the infamous warfare herbicide have been strongly suspected for a long time, assessing the health effects of AO exposure was a challenge, along with determining how much a veteran was exposed. AO has been known to have caused or aggravated a wide range of serious health problems in exposed individuals, including:

  • various cancers
  • diabetes
  • heart disease
  • neurological conditions

Asbestos exposure further aggravated the risks Blue Water Veterans faced while serving aboard Navy ships. They also risked the long-term health issues directly linked to it, such as asbestosis and mesothelioma. However, the following conditions are presumptive to those who the VA has granted herbicide and AO exposure, including Blue Water Veterans.

Cancers caused by AO exposure:

  • bladder cancer
  • chronic B-cell leukemia
  • Hodgkin's disease
  • multiple myeloma
  • non-Hodgkin's lymphoma
  • prostate cancer
  • respiratory cancers
  • certain soft tissue sarcomas

Other illnesses caused by AO exposure:

  • AL amyloidosis
  • chloracne
  • diabetes mellitus type 2
  • high blood pressure (hypertension)
  • hypothyroidism
  • ischemic heart disease
  • monoclonal gammopathy of undetermined significance (MGUS)
  • parkinsonism
  • Parkinson's disease
  • peripheral neuropathy, early onset
  • Porphyria cutanea tarda

It's important to note that, under rating regulations, certain illnesses must be at least 10% disabling within 1 year of herbicide exposure. Former service members diagnosed with cancer or illness not included in the VA list of presumptive conditions, but who believe it was caused by AO exposure, can still file a claim for VA disability benefits, but they need to submit more evidence. Eligibility for the presumption of AO exposure is conditioned by meeting the criteria of:

  • have a current diagnosis of one of the medical conditions associated with AO exposure
  • have served between January 9, 1962, and May 7, 1975, for any length of time in at least one of the following locations:
  • in the Republic of Vietnam, or
  • aboard a U.S. military vessel in the inland waterways of Vietnam, or
  • on board a ship within 12 nautical miles off the demarcation line of the waters of Vietnam

Veterans can file claims online by accessing the VA page, by mail, in person, or with the help of a trained professional.

Toxic Exposure to Substances Other Than Agent Orange

While the Blue Water Navy Vietnam Veterans Act of 2019 made it easier for certain veterans to qualify for benefits for conditions related to AO exposure, former military members who have mesothelioma still need to prove service connection. Unlike AO, mesothelioma is directly linked to asbestos exposure, but is not automatically connected to military service. Those with mesothelioma must show that their illness is related to their time in the military by providing proof of in-service asbestos exposure. It is essential to know that VA recognizes asbestos exposure as a potentially service-connected disease cause, but all veterans are evaluated on a case-by-case basis.

Moreover, many respiratory cancers and soft tissue sarcomas related to AO can be misdiagnosed as similar conditions, such as mesothelioma. However, AO doesn't cause mesothelioma, and isn't the primary cause recognized by the VA. Even if there's a misconception about AO containing asbestos, it does not. Service members who served outside the 12-mile zone off Vietnam's coast may still qualify for VA disability benefits if they are diagnosed with an illness associated with other harmful substances, such as:

  • asbestos
  • benzene
  • solvents
  • other chemicals found on Navy ships

Furthermore, they may also qualify through their Military Occupational Specialty (MOS). Regardless of whether or not a veteran qualifies for a Blue Water Navy Veteran Vietnam presumptive claim, it's vital to pursue monthly compensation and benefits for any disabilities connected to military service.

Offering Help for Veterans in Filing for Compensation

Claiming for AO and asbestos compensation extends beyond financial considerations; it's about receiving earned support. These benefits can help ease the financial burden of medical expenses, treatments, and daily living costs linked to health conditions stemming from exposure to these contaminants.

Veterans can file with the VA for disability benefits and financial compensation with the asbestos trust funds if they can prove in-service asbestos exposure, and have medical documents stating a diagnosis of the following asbestos cancers:

An attorney experienced in asbestos claims can be a considerable help to those who wish to take legal steps, as he can help them gather the necessary papers and represent their case. We can help you contact legal experts who are ready to take on your case.

If you have a cancer diagnosis please contact us

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