A federal court ruled on January 29, 2019 that Vietnam veterans who served on ships offshore during the war are eligible for benefits to treat illnesses linked to exposure to the chemical herbicide Agent Orange, a decision that has the potential to extend help to thousands of veterans.

The Court of Appeals for the Federal Circuit ruled 9-2 in favor of Alfred Procopio, Jr., 73, who served on the USS Intrepid during the Vietnam War. Procopio is one of tens of thousands of "Blue Water" Navy veterans who served aboard aircraft carriers, destroyers and other ships and were deemed ineligible for the same disability benefits as those veterans who served on the ground and inland waterways.

The decision comes one decade after the Department of Veterans Affairs denied Procopio's disability claims for diabetes and prostate cancer. The court's ruling reverses a previous decision from the Court of Appeals for Veterans Claims, which upheld the denial because Procopio couldn't show direct exposure to Agent Orange.

"Mr. Procopio is entitled to a presumption of service connection for his prostate cancer and diabetes mellitus," the decision states. "Accordingly, we reverse.” Judge Kimberly A. Moore, who wrote on behalf of the majority, added: "We find no merit in the government's arguments to the contrary."

At issue was interpretation of the current law, which allows easier access to disability benefits for veterans who "served in the Republic of Vietnam" and suffer from one of a list of illnesses linked to the Agent Orange. The herbicide has been found to cause respiratory cancers, Parkinson's disease and heart disease, as well as other conditions. The court determined territorial seas should be included in the definition of "Republic of Vietnam”, a point the government disputed.

John Wells, one of the attorneys on the case, estimated 50,000 to 70,000 veterans could now become eligible for benefits. Veterans affected by the ruling must still go through a VA evaluation to ensure they meet all of the eligibility criteria.

The government could seek a review of the case from the U.S. Supreme Court. VA Press Secretary Curt Cashour said the department is reviewing the decision and "will determine an appropriate response."

There is still a need for Congress to pass the bill, in order for the veterans' eligibility to be written explicitly in law and not left up to future courts to interpret. House Democrats introduced a bill earlier this month that would extend VA benefits to Blue Water veterans. Previous efforts to legislate have enjoyed bipartisan support in both the House of Representatives and Senate, but pushback from the VA itself has stalled legislative efforts: Last year a bill extending disability benefits to Blue Water veterans passed in the House, by a vote of 382–0, but did not come to a vote in the Senate following vocal opposition from Wilkie.

As a result of the ruling, “Blue Water” Navy veterans can now file a claim connecting certain health problems to Agent Orange exposure. If you served in the “Blue Waters” between 1962 and 1975, you may be eligible for compensation and health care. For more information or to file a claim, contact South Dakota Department of Veterans Affairs Field Officer Kevin Bowen at 605-280-4306.