When a Vietnam Veteran is diagnosed with non-Hodgkin’s lymphoma, there are multiple legal presumptions available.
38 C.F.R. § 3.309(e): Provides for a legal presumption of service-connection for any diagnosis of non-Hodgkins lymphoma, anytime that the disease manifests itself after service, as a result of exposure to herbicides and Agent Orange.
38 C.F.R. § 3.313: Provides for a legal presumption of service-connection for any diagnosis of non-Hodgkins lymphoma anytime that the disease manifests itself after service. This presumption is based solely on service in Vietnam, without reference to Agent Orange or herbicides.
This last point is crucial for Navy Veterans from the Vietnam era: Blue and Brown Water Navy Veterans who served in Vietnam – even the offshore waters of Vietnam – qualify for a legal presumption of service-connection anytime they are diagnosed with non-Hodgkins lymphoma after their military service.
If you are a Vietnam Veteran and the VA is denying you a legal presumption for non-Hodgkins lymphoma because they claim you weren’t exposed to Agent Orange, you should strongly consider contacting an attorney for help.
