[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 76170-76171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30909]
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DEPARTMENT OF VETERANS AFFAIRS
Presumption of Exposure to Herbicides for Blue Water Navy Vietnam
Veterans Not Supported
ACTION: Notice.
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SUMMARY: On May 20, 2011, at the request of the Department of Veterans
Affairs (VA), the Institute of Medicine (IOM) of the National Academy
of Sciences issued a report titled, ``Blue Water Navy Vietnam Veterans
and Agent Orange Exposure.'' The IOM reviewed a wide range of data
sources including peer-reviewed literature, exposure and transport
modeling, interviews with veterans, ship deck logs, and other
government documents, and concluded that there is insufficient evidence
to determine whether Blue Water Navy Veterans were exposed to Agent
Orange-associated herbicides during the Vietnam War. After careful
review of the IOM report, the Secretary determines that the evidence
available
[[Page 76171]]
at this time does not support establishing a presumption of exposure to
herbicides for Blue Water Navy Vietnam Veterans. VA will continue to
accept and review all Blue Water Navy Vietnam Veteran claims based on
herbicide exposure on a case-by-case basis.
FOR FURTHER INFORMATION CONTACT: Dr. Terry Walters, Department of
Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420, telephone
(202) 461-1020. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: During the Vietnam War, the U.S. military
used various tactical herbicides as defoliants to help military
personnel identify enemy transportation and communication routes and
camps, reduce cover for enemy forces, and kill crops that might be used
by the enemy. The best known and most widely used herbicide was Agent
Orange. Agent Orange was contaminated with the highly toxic chemical 2,
3, 7, 8-Tetrachlorodibenzo-p-Dioxin (TCDD). Numerous adverse health
effects in veterans who served in Vietnam have been attributed to
exposure to Agent Orange. The Agent Orange Act of 1991, Public Law 102-
4, 105 Stat. 11, established a presumption of herbicide exposure for
veterans who had served in Vietnam and who developed a disease
associated with Agent Orange exposure. The presumption applies to those
who served in the Republic of Vietnam on the ground (ground troops) or
on its inland waterways (Brown Water Navy Veterans). Veterans who
served in deep-water naval vessels off the coast of Vietnam during the
Vietnam War are referred to as Blue Water Navy Veterans. Claims filed
by veterans who served on only Blue Water Navy vessels based on
herbicide exposure are accepted and reviewed on a case-by-case basis.
On May 20, 2011, the Institute of Medicine (IOM) of the National
Academy of Sciences issued a report titled, ``Blue Water Navy Vietnam
Veterans and Agent Orange Exposure.'' The report was issued and the
underlying study was conducted at the request of the Department of
Veterans Affairs (VA) and neither was required by law. VA requested the
study in response to veteran concerns and the recommendations in the
IOM report ``Veterans and Agent Orange: Update 2008.'' VA tasked the
IOM with establishing a committee to determine whether Blue Water Navy
Vietnam Veterans experienced exposures to herbicides and their
contaminants (focusing on dioxin) comparable to those of ground troops
and Brown Water Navy Vietnam Veterans.
For the study, the IOM reviewed a wide range of data sources
including peer-reviewed literature, exposure and transport modeling,
interviews with veterans, ship deck logs, and other government
documents. After reviewing and analyzing available data, the IOM
concluded that ground troops and Brown Water Navy Veterans had
qualitatively more pathways of exposure to Agent Orange-associated TCDD
than did Blue Water Navy Veterans. The IOM found that a paucity of
scientific data concerning potential exposures for Blue Water Navy
Veterans made it impossible to determine whether these veterans were
exposed to Agent Orange-associated TCDD and, therefore, that exposure
of Blue Water Navy Vietnam Veterans to Agent Orange-associated TCDD
cannot be reasonably determined.
After careful review of the IOM report, ``Blue Water Navy Vietnam
Veterans and Agent Orange Exposure,'' the Secretary has determined that
the evidence available at this time does not support establishing a
presumption of exposure to herbicides for Blue Water Navy Vietnam
Veterans. VA will continue to accept and review all Blue Water Navy
Vietnam Veteran claims based on herbicide exposure on a case-by-case
basis. The Secretary's determination not to establish a presumption of
exposure does not in any way preclude VA from granting service
connection on a case-by-case basis for diseases and conditions
associated with Agent Orange exposure, nor does it change any existing
rights or procedures.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. John R.
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this
document on December 19, 2012, for publication.
Dated: December 19, 2012.
Robert C. McFetridge,
Director, Office of Regulation Policy and Management, Office of the
General Counsel, Department of Veterans Affairs.
[FR Doc. 2012-30909 Filed 12-21-12; 8:45 am]
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