§1116A Presumptions of service connection for veterans who served offshore of the Republic of Vietnam

Summary

Veterans who served offshore of the Republic of Vietnam between January 9, 1962 and May 7, 1975 must be treated as having a disease caused or made worse by that service if they later show a disease listed in section 1116 and it appears as described there, even if no medical record shows the disease from their time in service. Those veterans are also presumed to have been exposed to an herbicide agent during that offshore service unless there is clear proof they were not exposed. The start date for benefits usually follows section 5110, but there is an exception. If a veteran (or a survivor) filed a claim on or after September 25, 1985 and before January 1, 2020 for a covered disease that was denied because it did not show service connection, and the same person files again on or after January 1, 2020 and the new claim is approved under this rule, the effective date will be the date of the earlier claim. A place is treated as offshore of Vietnam if it is no more than 12 nautical miles seaward of a line that touches the listed points (Hon Nhan Island 9°15.0′ N, 103°27.0′ E; Hon Da Island 8°22.8′ N, 104°52.4′ E; Tai Lon Islet 8°37.8′ N, 106°37.5′ E; Bong Lai Islet 8°38.9′ N, 106°40.3′ E; Bay Canh Islet 8°39.7′ N, 106°42.1′ E; Hon Hai Islet 9°58.0′ N, 109°5.0′ E; Hon Doi Islet 12°39.0′ N, 109°28.0′ E; Dai Lanh point 12°53.8′ N, 109°27.2′ E; Ong Can Islet 13°54.0′ N, 109°21.0′ E; Ly Son Islet 15°23.1′ N, 109°9.0′ E; Con Co Island 17°10.0′ N, 107°20.6′ E). “Herbicide agent” means the same thing as in section 1116(a)(3).