For veterans who served in the Vietnam era, “Agent Orange” and “herbicides” are terms that they are very familiar with. As Agent Orange cases began flooding the Veterans Benefits Administration, new regulations were put in place to make it a little bit easier for Vietnam veterans to obtain benefits for diseases and conditions that were caused by exposure to herbicides. These regulations constitute a part of the presumptions.
But what about veterans who served in Korea, are they eligible for VA Agent Orange presumptive disability benefits? These veterans are no less plagued with the effects of exposure to herbicides or agent orange exposure than veterans who served in Vietnam. Unfortunately, the prevalence of Vietnam veterans seems to diminish the occurrences of Korean veterans contracting similar diseases or conditions as a result of exposure to herbicides overseas.
Agent Orange Exposure in Korea
When the VA established 38 C.F.R. §3.307, a small section was added for the benefit of Korean veterans. Section 6 (iv) of this regulation stipulates that, in order to be presumed service-connected for the diseases listed in 38 C.F.R. §3.309, a veteran who served in Korea must have served in the following conditions:
- During active military, naval or air service, between April 1, 1968 and August 31, 1971
AND
- In a unit that, as determined by the Department of Defense, operated in or near the Korean Demilitarized Zone (DMZ) in areas in which herbicides were known to have been applied during that period leading to herbicide exposure.
How To Qualify for Agent Orange Presumptive Benefits in Korean DMZ
There is hope for veterans exposed to Agent Orange who serviced in Korea who are not happy with their eligibility and lack of relief for medical conditions. During the timeframes listed below countless service members have been exposed to the deadly herbicide chemical and have developed respiratory cancers, ischemic heart disease, birth defects, diabetes mellitus, prostate cancer, multiple myeloma, non-Hodgkin’s lymphoma and more. Other side effects of exposure can include soft tissue sarcomas, Hodgkin’s disease, leukemia, Parkinson’s disease, peripheral neuropathy and other serious health problems.
Specific Korean War Units Related to Agent Orange Exposure
When adjudicating claims for Agent Orange cases from the Korean DMZ, Department of Veterans Affairs staff is instructed to determine if the veteran served in one of the following units:
*In the below list an asterisk will denote that service records may show assignment to either the 2nd or the 7th Infantry Division.
- Combat Brigade of the 2nd Infantry Division
- Division Reaction Force3rd Brigade of the 7th Infantry Division
- 1st Battalion, 38th Infantry
- 4th Squadron, 7th Cavalry, Counter Agent Company
- 1st Battalion, 17th Infantry
- 2nd Battalion, 38th Infantry
- 1st Battalion, 31st Infantry1st Battalion, 23rd Infantry
- 1st Battalion, 32nd Infantry
- 2nd Battalion, 23rd Infantry
- 2nd Squadron, 10th Cavalry3rd Battalion, 23rd Infantry
- 2nd Battalion, 17th Infantry
- *2nd Battalion, 31st Infantry
- Note: Service records may show assignment to either the 2nd or the 7th Infantry Division.
- *2nd Battalion, 31st Infantry
- 2nd Battalion, 32nd Infantry
- *3rd Battalion, 32nd Infantry
- *3rd Battalion, 32nd Infantry
- 1st Battalion, 9th Infantry
- 1st Battalion, 73rd Armor
- 2nd Battalion, 9th Infantry
- 1st Battalion, 72nd Armor
- 2nd Battalion, 72nd Armor
- 1st Battalion, 12th Artillery
- 1st Battalion, 15th Artillery
- 7th Battalion, 17th Artillery
- 5th Battalion, 38th Artillery
- 6th Battalion, 37th Artillery
Other Qualifying Assignments include:
- 2nd Military Police Company
- 2nd Infantry Division
- 13th Engineer Combat Battalion
- United Nations Command Security Battalion-Joint Security Area (UNCSB-JSA)
- Crew of the USS Pueblo
VA Benefits Process for Korea Agent Orange Exposure
In the event that the Korean veteran claiming an herbicide-related health care condition did not serve within that time frame or in a unit listed above, the VA must notify the Joint Services Records Research Center (JSRRC) and request that the veteran’s circumstances of service be corroborated with the records at the JSRRC. If and when the JSRRC determines that the veteran was indeed exposed to herbicides during service, the VA will grant service-connection (as long as the condition is included in the list provided in 38 C.F.R. §3.309) and update the Agent Orange Registry.
Due to the predominance of Vietnam exposure cases, VA adjudication staff often fails to verify the location of where a veteran served overseas during the Vietnam war or the Korean war. For instance, they look at an application for benefits, see “Type II Diabetes – Caused by exposure to Agent Orange” and immediately assume the veteran was in Vietnam when in fact they could be eligible for disability compensation having served elsewhere.
The VA adjudication staff then check the service records to verify that the veteran was in Vietnam. When they find that the veteran was not in Vietnam, they automatically deny the claim, without stopping to consider the veteran’s service in Korea (which is clearly identified in the service records). Therefore, when pursuing a claim for conditions related to Agent Orange or other herbicides, it is important to ensure that the VA is aware of where the veteran was stationed while overseas during specific time periods.
If the VA is unaware of where you served during your time in the military in the Vietnam era (air force included) it will be difficult for any VA Disability staff member to approve your claim. The U.S. Government and the VA can be difficult to work with at times. With that being said, if any war veterans have medical evidence that points to a presumption of exposure to Agent Orange they deserve VA benefits.