Question:

I am a pro bono attorney new to the field of veterans' disability benefits. I have a client, a USAF veteran who states he was exposed to Agent Orange as it was being transported from the US to Vietnam. He states he was on aircraft that flew to Vietnam and landed, but he did not leave the aircraft, staying onboard as they were being unloaded and (presumably) refueled. Am correct that he is not considered to have put "boots on the Ground" in Vietnam?

Jim's Reply:

That's as unique a story as I've heard. I would guess that since by his own statement he didn't have boots on the ground he isn't eligible for presumptive benefits...sort of like the blue water navy. I've worked with a number of vets who flew missions in and out of Vietnam (particularly from Okinawa) but on landing every one exited the aircraft for some period of time...I'd never considered that anyone would stay on board since these weren't quick turnaround missions.  We've documented some claims by photos of the veteran along with the airport or even aircraft tail numbers in he photo. If this were a single unique event that he went to the RVN once and not again, I have to question the whole scenario and I'd want extensive documentation that he was on that plane. In any case, there are circumstances where exposure to agent orange on board an aircraft is an eligibility factor, as with here.