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*.Research Service
VA Begins Adjudicating Claims for New
Agent Orange Presumptions Included in
NDAA FY2021
August 6, 2021
Background
On January 1, 2021, the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (NDAA FY2021) became law (P. L. 116-283) after the House and Senate voted to override
then-President Donald Trump's veto of the bill on December 28, 2020, and January 1, 2021, respectively.
Section 9109 of the NDAA FY2021 amended Section 1116(a)(2) of Title 38 of the U.S. Code by adding
bladder cancer, hypothyroidism, and Parkinsonism (a term for neurological disorders that cause
movement problems similar to that of Parkinson's disease) to the list of presumptive conditions for
Vietnam-era veterans exposed to Agent Orange. This brought an end to a multiyear attempt to expand the
list of presumptions for this specific group of veterans.
As background, during the 116th Congress, H.R. 2200, H.R. 5610, and S. 3444 were introduced. These
bills sought to statutorily add the aforementioned conditions as presumptions. In addition, H.Res. 729 and
S.Res. 420 would have encouraged then-President Trump to act on creating these presumptions. The
legislation and resolutions came following two updated reports from the National Academies of Sciences
(NAS) studies and scientific literature reviews of health conditions associated with exposure to Agent
Orange. In March 2016, NAS released its Veterans and Agent Orange: Update 2014, which changed the
classification of certain diseases/conditions among the Categories of Association. The classification of
hypothyroidism and bladder cancer changed from inadequate/insufficient evidence of association to
limited/suggestive evidence of association, while Parkinsonism remained at a limited/suggestive
evidence of association. Then, in November 2018, NAS released its latest report on Agent Orange,
which reinforced the previous report's categorizations on bladder cancer, hypothyroidism, and
Parkinsonism.
Following the NAS reports and introduced legislation, Congress held multiple hearings to listen to
medical and scientific personnel, veterans, VA officials, and veteran service organizations. In July 2020,
Senator Jon Tester proposed S.Amdt. 1972 to the annual National Defense Authorization Act to address
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