Alex Secures $183,348.71 for Royal Thai Air Force Vet Exposed to Agent Orange

The Veteran served in the Air Force during the Vietnam Era from July 28, 1970 to August 22, 1976. He was stationed at U-Tapao, a Royal Thai Air Force Base, but did not have "boots on the ground" in Vietnam. The Veteran argued that he developed coronary artery disease and Parkinson's disease caused by exposure to tactical herbicides, to include Agent Orange, which were sprayed on and around the Royal Thai Air Base's perimeter.

Royal Thai Air Base U-Tapao Base Perimeter

The Department of Veterans Affairs denied this Vietnam Air Force Veteran service connection for these conditions by arguing that there was no evidence that the Veteran was exposed to a tactical herbicide during service.

Importantly, the PACT Act adds Royal Thai Air Force bases as a presumptive location for exposure to Agent Orange. But the effective date for a PACT Act claim only goes back to August 10, 2022, the date that the bill was signed into law. This means that if you have been fighting your claim prior to that date, the Veteran still must prove exposure to Agent Orange on a facts-found basis. In this case, the Veteran had been fighting his claim for years prior to the implementation of the PACT Act, and so a PACT Act presumption would not have been effective at securing all of the past-due benefits that he earned and deserved.

On appeal before the Board of Veterans' Appeals, Alex argued that in addition to the PACT Act, VA has determined that there was significant use of herbicides on the fenced-in perimeters of military bases in Thailand intended to eliminate vegetation and ground cover for base security purposes, as evidenced in a declassified Vietnam era Department of Defense document titled "Project CHECO Southeast Asia Report: Base Defense in Thailand." Special consideration of herbicide exposure on a facts-found or direct basis should be extended to those Veterans whose duties placed them on or near the perimeters of Thailand military bases. That allows for presumptive service connection of the diseases associated with herbicide exposure. VA Adjudication Manual, M21-1MR, Part IV, Subpart ii, Chapter 2, Section C ("M21-1MR").

At a hearing, Alex argued that the Veteran's military occupational specialty (MOS) duties as a Navigator of KC-135 aircraft placed him on or near the perimeter of U-Tapao, specifically the flight line. Alex submitted buddy statements from other Royal Thai Airmen corroborating the amount of time this Veteran spent on the flight line. Alex also submitted photographs of the travel trailer where this Veteran stayed, which was closer to the base perimeter than other Airmen quarters by virtue of him only being on temporary duty (TDY) orders at the base.

KC 135 Aircraft - Vietnam Era - Royal Thai Air Base

The Board agreed with the argument and found that it was at least as likely as not that the Veteran's MOS duties placed him on or near the Royal Thai Air Force base's perimeter such to trigger the M21's presumption of tactical herbicide exposure. The Veteran was awarded $183,348.71 in past due benefits for him and his family.

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