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For decades, Navy veterans who served in the waters offshore Vietnam were denied the Agent Orange presumption that applied to their Army, Marine, and Air Force counterparts who served on land. The Blue Water Navy Vietnam Veterans Act of 2019 finally corrected this inequity, extending Agent Orange presumption to sailors who served within specific offshore waters during specified periods. Understanding the eligibility criteria and documentation requirements is essential for the tens of thousands of Blue Water Navy veterans who may now qualify.
The Blue Water Navy Vietnam Veterans Act of 2019 was signed into law on June 25, 2019, and took effect on January 1, 2020. The law amended 38 USC 1116 to include Blue Water Navy veterans in the Agent Orange presumptive framework. Before this law, only veterans with boots on the ground in Vietnam or those who served in the inland waterways of Vietnam qualified for presumption. Blue Water Navy veterans had to establish direct exposure, which was nearly impossible given the nature of shipboard service.
The covered service period is January 9, 1962, to May 7, 1975. This is the broader Vietnam-era period recognized for various Vietnam-era benefits. To qualify for Agent Orange presumption under the Blue Water Navy Act, the veteran must have served in covered waters during this period.
Covered waters are defined as the waters within 12 nautical miles of the coastline of Vietnam or Cambodia. The 12 nautical mile boundary roughly corresponds to the territorial waters as recognized under international law. Service beyond 12 nautical miles does not qualify under the Blue Water Navy Act, though deck logs or other evidence showing periodic approach closer than 12 nautical miles during qualifying service may support eligibility for the periods when the vessel was within the covered zone.
Establishing service in covered waters requires documentation of the ship's position during the period of the veteran's service aboard. The most authoritative source is the ship's deck logs, which record position information. The National Archives maintains deck logs, and the VA has also compiled lists of ships that entered covered waters during the Vietnam era.
The VA maintains a list of ships confirmed to have operated in covered waters. If your ship is on this list during your period of service, presumptive exposure is generally established without requiring the veteran to provide deck log evidence. If your ship is not on the list, you may need to provide evidence such as deck log excerpts or other records showing the ship entered covered waters during your service.
Once eligibility is established through qualifying service in covered waters during the covered period, all Agent Orange presumptive conditions apply. The presumptive conditions listed in 38 CFR 3.309(e) include ischemic heart disease, Parkinson's disease, diabetes mellitus type 2, various cancers, hypertension (added under the PACT Act), and other conditions. A qualifying Blue Water Navy veteran with any of these conditions can file a presumptive service connection claim without needing a nexus letter.
Veterans previously denied Agent Orange claims based on Blue Water Navy exclusion should consider filing supplemental claims under the new law. Under 38 CFR 3.2501, a supplemental claim with new and relevant evidence can be filed to reopen a previously denied claim. The change in presumptive eligibility under the Blue Water Navy Act qualifies as new and relevant evidence.
Effective dates for Blue Water Navy claims can be complex. Under 38 CFR 3.400, the effective date for a claim filed under a newly liberalized provision is the later of the date of the liberalizing law (January 1, 2020, for the Blue Water Navy Act) or one year prior to the date the claim was filed. Veterans who file within one year of a liberalizing law may obtain an earlier effective date.
Evidence for a Blue Water Navy claim includes DD-214 or equivalent service record showing Navy service and dates, personnel records showing assignment to specific ships during qualifying periods, deck log extracts showing the ship in covered waters during your service, the VA ship list if your ship is listed, and medical records documenting the presumptive condition diagnosis.
If your ship is not on the VA ship list and you cannot readily obtain deck logs, consider working with a VSO or attorney who has experience with Blue Water Navy claims. Some organizations specialize in researching ship movements and can obtain evidence that individual veterans may struggle to compile.
Secondary considerations for Blue Water Navy veterans include the full range of Agent Orange presumptive conditions. A veteran who establishes eligibility may have multiple presumptive claims based on various conditions. Diabetes often leads to peripheral neuropathy, retinopathy, and kidney disease. Ischemic heart disease may lead to cardiac complications. Each can be pursued as part of the overall claim strategy.
The PACT Act of 2022 further expanded Agent Orange presumptive coverage by adding locations and conditions. Blue Water Navy veterans benefit from these expansions just like in-country Vietnam veterans. Check the current presumptive list to identify all conditions that may qualify.
Families of Blue Water Navy veterans who died of presumptive conditions may qualify for Dependency and Indemnity Compensation (DIC) under 38 USC 1310. DIC provides substantial monthly benefits to surviving spouses. Families of previously denied veterans should consider filing for DIC under the new presumptive framework.
The Claim Recon Rating Calculator helps you model how Blue Water Navy presumptive claims combine to produce your overall disability picture. The Secondary Condition Finder maps the Agent Orange presumptive conditions and their common complications. The Personal Statement Builder helps you articulate qualifying service locations and medical history. For research on ship movements and deck logs, consider consulting a specialized VSO or attorney.
Disclaimer: This article is for educational and informational purposes only. It does not constitute legal, medical, or VA claims advice. Presumptive provisions and eligibility criteria are subject to change. Always verify current criteria at VA.gov or consult with an accredited VSO, attorney, or claims agent before making decisions about your benefits.
Written by Claim Recon Editorial