r/VeteransBenefits

Agent Orange Presumptive and Service Periods

Your father’s claim is well-founded based on his Vietnam service from 1968-1970, as this establishes the necessary "boots on the ground" for the Agent Orange presumption under 38 CFR 3.307(a)(6)(iii). The key is that the presumption is triggered by qualifying service; his subsequent National Guard service does not affect this eligibility. For any condition on the VA’s presumptive list (e.g., ischemic heart disease under DC 7005, type 2 diabetes under DC 7913), the VA must concede exposure and service connection if the current diagnosis is confirmed, per 38 CFR 3.309(e). When filing, submit a fully developed claim (FDC) with his DD-214 showing Vietnam service, a current medical diagnosis for the specific presumptive condition, and any relevant treatment records. Crucially, cite the presumption: state that the condition is presumptively service-connected due to Agent Orange exposure during his verified Vietnam service from 1968-1970, referencing 38 CFR 3.309(e). If the VA denies the claim or fails to apply the presumption, you can appeal, citing supporting case law like *Haskell v. Shinseki*, which reinforces that the presumption applies regardless of later service. The next actionable step is to obtain his military personnel and medical records, if needed, via a VA Form 21-4142a, and to file the claim using VA Form 21-526EZ, ensuring all evidence is submitted concurrently to expedite the process.

*This information is for educational purposes and is not a substitute for professional legal or medical advice.*

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Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).