Va Handbook for Veterans and Advocates by Tyson Manker

Author:Tyson Manker [Manker, Tyson]
Language: eng
Format: epub
ISBN: 9781665504225
Publisher: AuthorHouse
Published: 2020-11-29T05:00:00+00:00

Thousands of Air Force veterans were also exposed to Agent Orange herbicides when they worked and trained in C-123 aircraft that had been used to transport and spray chemicals during the Vietnam War. In a 2009 report published by the Institute of Medicine (“IOM”) (now the National Academy of Medicine, “NAM”), samples taken from C-123 aircraft found that “residual chemicals from the Agent Orange (AO) and other herbicides that were sprayed in Vietnam remained on the interior of some of the aircraft.”184 In addition, the IOM concluded that service members who were exposed to Agent Orange residues experienced adverse health outcomes.

As a result, on June 19, 2015, VA issued new rules to extend Agent Orange presumptions to Air Force veterans who had developed diseases as a result of herbicide exposure from C-123 aircraft.185 This presumption appears at 38 C.F.R. § 3.307(a)(6)(v). Under § 3.307(a)(6)(v), Air Force veterans who “operated, maintained, or served onboard C-123 aircraft known to have been used to spray an herbicide agent during the Vietnam era shall be presumed to have been exposed during such service to an herbicide agent.” In addition to the presumption of exposure, C-123 veterans who develop any of the diseases identified by 38 C.F.R. § 3.307(e) are also entitled to a presumption that they were exposed to herbicide and became disabled during “active” air service as defined by 38 U.S.C. § 101(24)(B) and (C).

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