During the Vietnam War, Thailand played a pivotal role in U.S. military operations. While not a direct combat zone, it served as a critical location for transferring supplies like herbicides, including Agent Orange, to Vietnam.
Many U.S. veterans stationed at bases in Thailand were exposed to these toxic chemicals, leading to severe health conditions decades later. The Honoring Our PACT Act of 2022 expanded benefits for these veterans, making it easier to claim compensation for Agent Orange-related disabilities.
Which Veterans Are Eligible? Is Thailand Covered Under the PACT Act?
VA currently presumes Agent Orange exposure for veterans who served at any U.S. or Royal Thai military base between January 9, 1962 and June 30, 1976.
Previously, VA only conceded exposure for:
- U.S. Air Force Veterans who served on Royal Thai Air Force Bases (RTAF bases) at U-Tapao, Ubon, Nakhon Panom, Udorn, Takhli, Korat, and Don Muang, near the air base perimeter
- Army Veterans who provided perimeter security on RTAF bases in Thailand
- Army Veterans who were stationed on some small Army installations in Thailand
- Military Police K-9 units
Is Thailand Covered Under the PACT Act?
Yes. The 2022 Honoring Our PACT Act expanded healthcare and benefits for veterans stationed in Thailand from January 9, 1962 through June 30, 1976.
VA now concedes that all Vietnam-era Veterans who served on Royal Thai bases or U.S. military bases in Thailand, anytime between January 9, 1962 and June 30, 1976, are presumed to have been exposed to herbicides and defoliants – and therefore qualify for VA disability benefits.
If you have been denied VA benefits before, the PACT Act may give you the opportunity to get the compensation you deserve. Contact us for a free case evaluation.
Conditions Presumed to Be Caused by Agent Orange
Currently, the following conditions are presumed to be caused by Agent Orange and will receive presumptive service connection for qualifying veterans stationed in Thailand:
- AL Amyloidosis
- Chronic B-cell Leukemias
- Chloracne
- Diabetes Mellitus Type 2
- High Blood Pressure (Hypertension)
- Hodgkin’s Disease
- Hypothyroidism
- Ischemic Heart Disease
- Monoclonal Gammopathy of Undetermined Significance (MGUS)
- Multiple Myeloma
- Non-Hodgkin’s Lymphoma
- Parkinson’s Disease and Parkinsonism
- Peripheral Neuropathy, Early Onset
- Porphyria Cutanea Tarda
- Prostate Cancer
- Respiratory Cancers
- Some Soft Tissue Sarcomas
If your disability isn’t on the list of presumptive conditions according to the PACT Act, the presumption that you were exposed to herbicides still applies, but you’ll need to prove that the health problems were caused by exposure to Agent Orange or that they started or were aggravated by the military service in Thailand.
Already filed a claim and been denied?
get a free case evaluationWhat Evidence is Required?
All veterans must have medical records indicating a diagnosis of an Agent Orange-related health condition and service records indicating that the veteran served in a location where exposure to Agent Orange is presumed (or evidence of direct exposure to Agent Orange) during the military service.
Proving Older Claims that Predate the PACT Act
For cases where a veteran has a case that has been pending since prior to the addition of the PACT Act presumption of herbicide exposure for Thailand veterans, veterans still have to prove exposure under the old rules regarding perimeter service in order to get an effective date prior to the date of the PACT Act.
Direct Exposure to Herbicides
Herbicides were primarily used around U.S. military bases in Thailand, including Udorn, Takhli, Korat, U-Tapao, Ubon, and Nakhon Phanom. In addition to spraying around base perimeters to clear dense vegetation, Thailand also facilitated the transfer of herbicides as part of Operation Ranch Hand, where chemicals like Agent Orange were routed through Thai bases before being transported to Vietnam for aerial spraying.
Veterans stationed at these bases could have been exposed to herbicides in several direct ways, including but not limited to:
- Perimeter security roles: Military police, dog handlers, or those patrolling the base perimeter were directly exposed to sprayed areas.
- Working near the perimeter: Service members such as mechanics working on flight lines close to sprayed zones could have been in contact with herbicides.
- Recreational activities: Soldiers who ran, jogged, or played sports near the base perimeter, where spraying occurred, would have been at risk.
- Training exercises: Even non-combat personnel, such as cooks or clerical staff, were sometimes required to take part in drills or use bunkers near the perimeter, putting them in areas where herbicides had been used.
Indirect Exposure to Herbicides
Many Thailand veterans may have also faced indirect exposure to these chemicals, such as but not limited to:
- Drift from sprayed areas: Herbicides could drift into nearby living quarters, mess halls, or workspaces due to wind or inadequate containment during spraying.
- Contaminated soil or water: Veterans working in maintenance, construction, or other tasks near sprayed areas might have encountered contaminated soil, water, or equipment.
- Handling materials: Equipment or supplies stored near the perimeter may have become contaminated, putting those who handled them at risk of exposure.
What Evidence Can Prove Exposure?
When official records are insufficient, the following type of evidence may also help:
- Lay evidence (such as buddy statements) that the veteran’s work duties brought them on or near the perimeter of a Thailand base where Agent Orange was sprayed.
- Lay evidence that the veteran’s recreational activities brought him on or near the perimeter or took the veteran off the military base. Recreational activities like softball or jogging often took place on some bases’ perimeters. Statements from the veteran and/or fellow service members who participated in recreational activities with the veteran about how close the activities took them to the perimeter of the base can make an enormous difference in winning a case.
- Lay evidence that the veteran’s work facilities, living facilities, mess hall, etc., were close to the perimeter.
- Photographs of the base or photographs from the military service. Photographs can help you remember details regarding your proximity to the base. For example, you know you were close to the perimeter, but you cannot remember why exactly you were there. A photograph of the base shows a softball field near the perimeter of the base. You were part of the softball team while stationed at the base but forgot where the softball field was.
A Veteran’s Journey to Service Connection
Prior to the passage of the PACT Act, one of our firm’s senior attorneys, Shannon Brewer, successfully fought for benefits on behalf of a widow whose late husband, a Vietnam-era veteran, was exposed to Agent Orange while serving in Thailand. This case highlights the perseverance and detailed evidence needed to secure benefits, especially for veterans stationed in Thailand.
In May 2011, Shannon spoke to the widow of a veteran who had passed away from lung cancer in 2005. Before his death, the veteran had filed a claim for compensation, believing his respiratory cancer was caused by Agent Orange exposure. Initially, his claim was denied because the VA could not confirm his service in Vietnam. However, records showed that the veteran had been stationed at two Royal Thai Air Force bases, Nakhon Phanom and Korat, during the Vietnam War.
Shannon explains, “The Court agreed that VA’s failure to follow the procedures warranted sending the case back for a new decision.” Once the case was returned, Shannon and her team could submit new evidence. The challenge was proving the veteran’s presence near the perimeter, as he was a food service manager with no direct security-related duties.
However, during a conversation with the widow, they discovered an important piece of information: the veteran had coached a children’s softball team and played on an intramural team while stationed in Thailand. Shannon’s team searched the veteran’s performance reports, where his supervisor praised his involvement in the community, including coaching the softball team. They also found a map of Korat Air Force Base, showing the softball fields on the base’s perimeter.
“We took all of this evidence — the map, the widow’s statement, and the performance reports — and submitted it to the Board,” Shannon says. This thorough submission was crucial in proving that the veteran regularly encountered the perimeter of the base, where herbicides like Agent Orange were sprayed. The Board agreed, determining that the veteran had been exposed to herbicides and that his lung cancer was service connected. As a result, the widow was awarded over eight years of retroactive benefits.
Shannon’s case demonstrates the importance of persistence and the need to continue gathering evidence, even when initial claims are denied. As Shannon states about the case itself “the moral of our story is ‘do not give up!’”
Attorney Advice from Matthew Hill
For years, the VA and Department of Defense claimed Agent Orange exposure was limited to Gulfport, Mississippi, and Vietnam. However, they’ve now acknowledged it was also used in other locations, including U.S. military bases in Thailand. Veterans stationed in Thailand, even if not directly involved in perimeter security, may have been exposed and could qualify for benefits. Yet, proving exposure often requires more than just service records, especially for veterans in non-security roles.
It’s important to file your claim for Agent Orange exposure in Thailand. Even if you weren’t working on the perimeter, gather all available evidence you can — whether it’s your own testimony or statements from fellow service members. At Hill & Ponton, we have the experience to help you compile the necessary documentation and build a strong case, even if you’ve been previously denied. Get a free evaluation of your case to see if we can handle your appeal. Our firm won’t be paid unless we obtain compensation for you.