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SOUTHEAST TEXAS RECORD

Friday, April 26, 2024

Matt Hill of Hill and Ponton Disability Attorneys News


U.S. Court of Appeals Finally Allows Blue Water Veterans to Gain Agent Orange Benefits

By Matt Hill of Hill and Ponton Disability Attorneys |
In January, the US Court of Appeals for Veterans Claims (CAVC) issued a landmark decision in Procopio v. Wilkie. This case established that US Navy veterans who served within the twelve nautical miles of the coast of the Republic of Vietnam ("blue water veterans") from January 9, 1962, to May 7, 1975, are entitled to VA disability compensation benefits for medical conditions shown to result from exposure to herbicides such as Agent Orange. This marks a change in the established VA law (38 USC § 1116), which since its implementation in 1991 has provided for presumptive benefits for Vietnam veterans who served in Vietnam during the specified time period and have a diagnosis of one of the medical conditions listed in the statute.