On February 9, 2024, VA issued a proposed rule to expand the locations and time frames for a presumed exposure to Agent Orange and other herbicides. If the proposed rule becomes final, VA will implement a new presumption of exposure to locations where herbicides were tested, used, or stored outside of Vietnam. 

The proposed rule was formally published to the Federal Register on February 12, 2024. The rule will not take effect for several months. 

Specifically, this would add locations in the United States (full list of US locations where Agent Orange was tested or stored), Canada, and India to the existing presumptive locations in Vietnam, Cambodia, Johnson Atoll, Guam, American Samoa, Korea, Laos, and Thailand.

To be eligible, a veteran must have served in the identified location(s) during a specific time period and currently have a condition(s) presumptively associated with herbicide exposure. 

Veterans who want to file an initial claim for possible Agent Orange exposure should contact their local GDVS veteran service office. Our VA accredited Veteran Service Officers can help begin the process of applying for federal and state veterans benefits. 

Survivors can also file claims for benefits based on the veteran's service if the veteran died from a recognized disease from herbicide exposure. 

What is a presumptive exposure? 

A presumption of exposure means that VA automatically assumes veterans who served in certain locations were exposed to certain toxins. Presumptives lower the burden of proof required to receive disability benefits, helping veterans get the benefits they deserve as quickly as possible. This expansion of presumptives will help Veterans who served in the specified locations receive health care and benefits for certain cancers and chronic conditions. 

What cancers are presumed from Agent Orange exposure? 

  • Bladder cancer
  • Chronic B-cell leukemia
  • Hodgkin’s disease
  • Multiple myeloma
  • Non-Hodgkin’s lymphoma
  • Prostate cancer
  • Respiratory cancers (including lung cancer)
  • Some soft tissue sarcomas
    Note: VA does not include osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma on the list of presumptive conditions.

What diseases are presumed from Agent Orange exposure?

  • AL amyloidosis
  • Chloracne (or other types of acneiform disease like it)
    Note: Under VA rating regulations, this condition must be at least 10% disabling within 1 year of herbicide exposure.
  • 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
    Note: Under VA rating regulations, this condition must be at least 10% disabling within 1 year of herbicide exposure.
  • Porphyria cutanea tarda
    Note: Under VA rating regulations, this condition must be at least 10% disabling within 1 year of herbicide exposure.

The PACT Act add 2 new Agent Orange presumptive conditions in 2022:

  • High blood pressure (also called hypertension)
  • Monoclonal gammopathy of undetermined significance (MGUS)

If you have a cancer or illness that is not on the list of presumptive conditions, but believe it was caused by Agent Orange exposure, you are still encouraged to file a claim for VA disability benefits. Veterans can find a full list of conditions and exposure locations at https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/.