f. Requesting Verification of Service Aboard Ships Offshore of the RVN or on Inland Waterways From the JSRRC Prior to submitting a PIES O34 request to the U.S. Army and Joint Services Records Research Center (JSRRC) for verification of herbicide exposure, the development activity must ensure all possible avenues of verifying exposure to herbicides have been exhausted, to include following the development guidance in M21-1, Part IV, Subpart ii, 1.H.2.a-e consulting the resources on the the U.S. Navy web site the , which contains the histories of all attack squadrons (“VA” prefix) and strike fighter squadrons (“VFA” prefix), for Navy flight personnel who state they served with a unit in Vietnam the Veteran has identified a cumulative 60-day time frame for docking or inland waterway travel which may include different dates as long as the cumulative number of days does not exceed 60 days, and the service department has been unable to provide verification that the Veteran went ashore or traveled on inland waterways. Important: The PIES O34 request to JSRRC must include the following information the name and hull number of the ship, such as U.S. Ship (USS) Galveston (CLG 3), and the during which the ship traveled on inland waterways docked to shore or pier, or sent crew members ashore. Note: Concede exposure to herbicides on a presumptive if the Veteran’s unit history shows RVN in-country service, consistent with the Veteran’s dates of assignment to that unit, and Veteran provides a lay statement of personal in-country service. g. Processing Claims Based on Storage of Agent Orange Aboard U.S. Navy and Coast Guard Ships Agent Orange was not transported, stored, or used aboard U.S. Navy or Coast Guard ships. If a Veteran claims exposure to herbicides due to transport, storage, or use aboard a U.S. Navy or Coast Guard ship, associate a copy of the JSRRC memorandum shown in M21-1, Part IV, Subpart ii, 1.H.2.h with the Veteran’s claims folder. h. Mandatory Claims Folder Documentation for Veterans When a Veteran claims exposure to herbicides during service aboard a ship in offshore waters based on shipboard herbicide transportation, storage, or use, associate a copy of the JSRRC memorandum provided below with the Veteran’s claim folder.
a. Verifying Herbicide Exposure on a Factual Basis in Other Locations Follow the steps in the table below to verify potential herbicide exposure on a factual basis when the Veteran alleges exposure in locations other than RVN, Korean DMZ, or Thailand. Step Action 1 Ask the Veteran for the approximate dates, location(s), and nature of the alleged exposure to herbicides. Allow the Veteran 30 days to submit the requested information. 2 After 30 days, did VA receive this information? If yes, go to Step 3. If no refer the case to the RO JSRRC coordinator to make a formal finding that sufficient information required to verify herbicide exposure does not exist. (Note: For a sample formal finding, see .), and decide the claim based on the evidence of record. 3 Furnish the Veteran’s detailed description of exposure to CS at VAVBAWAS/CO/211/AGENTORANGE, and request a review of DoD’s inventory of herbicide operations to determine whether herbicides were used as claimed. 4 Did CS confirm that herbicides were used as claimed? If yes, determine whether SC is otherwise in order. If no, go to Step 5. 5 Has the Veteran provided sufficient information to permit a search by the JSRRC? If yes, send a request to the JSRRC for verification of exposure to herbicides. If no refer the case to the RO JSRRC coordinator to make a formal finding that sufficient information required to verify herbicide exposure does not exist. (Note: For a sample formal finding that VA lacks the information JSRRC requires, see M21-1, Part III, Subpart iii, 2.E.8.g.), and decide the claim based on the evidence of record. 8. Claims for Benefits Based on Birth Defects Due to Herbicide Exposure Change Date August 7, 2015
verification of service dependency payee status military pay, and/or burial information. b. EP Control of Claims Under the Nehmer Stipulation Control all Nehmer claims as follows If ... Then ... the claim is received prior to the Secretary’s announcement to add new presumptive conditions, and requires readjudication based on a prior claim and decision for the benefit control with end product (EP) 687. the claim is a new claim that requires adjudication, and it is received between the date of the Secretary’s announcement and the date the final regulation was published control with EP 681. the claimed benefit is peripheral neuropathy (PN) conduct a one-time Pending Inquiry File (PIF) Clear (PCLR) of EP 686 when the claims folder is sent to QTC Medical Services for initial checklist review of eligibility for SC of PN under the Nehmer stipulation RO completes the initial checklist review of eligibility for SC of PN the Nehmer stipulation, and control the adjudication of positive checklist cases with EP 020 and special issue indicator of Nehmer AO Peripheral Neuropathy. Important: Any subsequent claims received after establishment of the appropriate Nehmer EP will be worked under a separate, appropriate EP, whether rating or non-rating. Reference: For more information on PN for Nehmer purposes, see M21-1, Part IV, Subpart ii, 2.C.3.j.