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VA RIN: 2900-AP43 Publication ID: Fall 2016 
Title: Presumption of Herbicide Exposure and Presumption of Disability During Service for Reservists Presumed Exposed to Herbicide 
Abstract:

The Department of Veterans Affairs (VA) is amending its regulation governing individuals presumed to have been exposed to herbicides. Specifically, VA is expanding the regulation to include an additional group consisting of individuals who performed service in the Armed Forces under circumstances in which they had regular and repeated contact with C-123 aircraft known to have been used to spray an herbicide agent (Agent Orange) during the Vietnam era. In addition, the regulation will establish a presumption that members of this group who later develop an Agent Orange presumptive condition were disabled during the relevant period of service, thus establishing that this service constituted active, naval, military or air service. The effect of this action is to presume herbicide exposure for these individuals and to allow individuals who were exposed to herbicides during reserve service to establish veteran status for VA benefit purposes. The need for this action results from a recent decision by the Secretary of Veterans Affairs to acknowledge that individuals who had regular and repeated exposure to C-123 aircraft that the United States Air Force used to spray the herbicides in Vietnam during Operation Ranch Hand were exposed to Agent Orange.

 
Agency: Department of Veterans Affairs(VA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 38 CFR 3.307   
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  06/19/2015  80 FR 35246   
Interim Final Rule Effective  06/19/2015 
Interim Final Rule Comment Period End  08/18/2015 
Final Rule  02/00/2017 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Stephanie Li
Chief, Regulations Staff (211D)
Department of Veterans Affairs
Veterans Benefits Administration, 810 Vermont Avenue NW.,
Washington, DC 20420
Phone:202 461-9700
Email: stephanie.li@va.gov