C.F.R. » Title 38 » CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS › PART 3—ADJUDICATION › Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation

38 C.F.R. § 3.313

Claims based on service in Vietnam

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(a) Service in Vietnam. Service in Vietnam includes service in the waters offshore, or service in other locations if the conditions of service involved duty or visitation in Vietnam.

(b) Service connection based on service in Vietnam. Service in Vietnam during the Vietnam Era together with the development of non-Hodgkin's lymphoma manifested subsequent to such service is sufficient to establish service connection for that disease.

(Authority: 38 U.S.C. 501) [55 FR 43124, Oct. 26, 1990]
Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 1994–2023 · leading case: Haas v. Peake, 525 F.3d 1168 (Fed. Cir. 2008).
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Haas v. Peake, 525 F.3d 1168 (Fed. Cir. 2008). · cites it 10× “7-93 (1993) (finding that service in high altitude planes flying over Vietnam without any other contact with Vietnam did not constitute "service in Vietnam" under 38 C.F.R. § 3.313 ). Consequently, the court found that when the DVA adopted the "foot-on-land" test, it was…”
Elizabeth H. Bonner v. R. James Nicholson, 19 Vet. App. 188 (Vet. App. 2005). · cites it 24× “§ 5110 (g), 38 C.F.R. § 3.313 (2004), and VA Office of General Counsel opinions she is entitled to an effective date of August 1975 for her DIC benefits.”
Bonner v. Nicholson, 497 F.3d 1323 (Fed. Cir. 2007). · cites it 6× “Thereafter, 38 C.F.R. § 3.313 was issued in 1990 to address service connection for injuries caused by exposure to herbicides during military service in Vietnam.”
Jonathan L. Haas v. R. James Nicholson, 20 Vet. App. 257 (Vet. App. 2006). · cites it 4× “311a(a)(l) (1985) (defining “service in the Republic of Vietnam” as “includ[ing] service in the waters offshore and service in other locations, if the conditions of service involved duty or visitation in the Republic of Vietnam”), with 38 C.F.R. § 3.313 (1990) (entitled “Claims…”
Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019). “The natural reading of the regulation's use of the disjunctive "or" and movement of the comma to offset "offshore" from the rest of the sentence confirms that the offshore veterans were not subject to a foot-on-land requirement.”
Viglas v. Brown, 7 Vet. App. 1 (Vet. App. 1994). · cites it 4× “In May 1991, pursuant to 38 C.F.R. § 3.313 (1991), the VARO granted service connection effective February 1991 for the cause of the veteran’s death.”
Nehmer v. United States Vets. Admin., 32 F. Supp. 2d 1175 (N.D. Cal. 1999). “3, 1994), multiple myeloma, lung cancer, cancer of the bronchus, cancer of the larynx, cancer of the trachea, 59 Fed.”
McCay v. Brown, 9 Vet. App. 183 (Vet. App. 1996). “In Vigías, the liberalizing regulation, 38 C.F.R. § 3.313 (1994) which provides presumptive service connection for Vietnam veterans who developed non-Hodgkin’s lymphoma, had a retroactive effective date of August 5, 1964, the beginning date of the Vietnam era.”
Haas v. Peake [Petition for Rehearing] (Fed. Cir. 2008). · cites it 5× “7-93 (1993) (finding that service in high altitude planes flying over Vietnam without any other contact with Vietnam did not constitute “service in Vietnam” under 38 C.F.R. § 3.313 ). Consequently, the court found that when the DVA adopted the “foot-on-land” test, it was…”
Military-Vets. Advocacy v. Sec'y of Vets. Affairs (Fed. Cir. 2023). · cites it 2× “The VA’s general counsel issued an opinion that concluded, for purposes of the presumption of service connection regarding Agent Or- ange exposure under 38 C.F.R. § 3.313 , “‘service in Vi- etnam’ does not include service of a Vietnam era veteran whose only contact with Vietnam…”
Military-Vets. Advocacy v. Sec'y of Vets. Affairs, 63 F.4th 935 (Fed. Cir. 2023). · cites it 2× “The VA’s general counsel issued an opinion that concluded, for purposes of the presumption of service connection regarding Agent Or- ange exposure under 38 C.F.R. § 3.313 , “‘service in Vi- etnam’ does not include service of a Vietnam era veteran whose only contact with Vietnam…”
Mark H. Bonner v. Robert L. Wilkie (Vet. App. 2021). “By that time, VA had issued a regulation, 38 C.F.R. § 3.313 , that authorized presumptive service connection for NHL.”
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