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Single Judge Application; Parkinson’s disease due to herbicide exposure; DoD information shows that testing for Agent Orange aircraft spraying techniques was conducted from 1962 to 1971 at Eglin [AFB]; test site C-52A; “[i]f a veteran was exposed to an herbicide agent during active military, naval, or air service,” the later development of certain conditions—including Parkinson’s disease—will be presumed caused by such exposure. 38 C.F.R. § 3.309(e) (2020); 38 C.F.R. § 3.307(a)(6)(iii), (iv), (v) (2020) (providing a presumption of exposure to herbicides for certain veterans who served in Vietnam and the Korean demilitarized zone, or who operated, maintained, or served onboard C-123 aircraft known to have been used to spray herbicides during the Vietnam era);
August 1, 2020
In "VA Law"
Single Judge; lay statements establish exposure to Agent Orange; AO; A veteran who is ineligible for presumptive herbicide exposure may nonetheless show entitlement to benefits if the veteran can establish actual or direct herbicide exposure. See McKinney v. McDonald, 796 F.3d 1377, 1379 (Fed. Cir. 2015). Once exposure has been established, certain listed medical conditions, including heart disease, are presumptively service connected. 38 U.S.C. § 1116(a); 38 C.F.R. § 3.309(e) (2020);
September 30, 2020
In "VA Law"
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