Federal Regulation authorizes the VA to pay disability compensation to veterans exposed to mustard gas or Lewisite. Veterans from World War I to Operation Iraqi Freedom have been exposed to these agents.
Many veterans took a vow of silence for their participation in activities involving exposure to vesicant agents (blister-producing) or a mustard vesicant agent containing arsenic. Veterans who participated in mustard gas testing prior to 1968 were released from their vow of secrecy by the Deputy Defense Secretary William J. Perry on March 9, 1993.
According to 38 CFR 3.316, veterans who experienced full-body exposure to nitrogen, sulfur mustard, or Lewisite during active duty who later developed certain health conditions may be eligible for disability compensation. Participation in the testing of the agents may also be claimed as a stressor when filing for service-connection of Post-Traumatic Stress Disorder (PTSD).
To claim a health condition not listed in the table below, medical and/or scientific evidence that shows the causal relationship between the health condition and exposure to nitrogen, sulfur mustard or Lewisite must be submitted with the claim.
|
Full Body Exposure |
Health Condition |
|
Nitrogen or sulfur mustard gas |
· chronic conjuncitivis · keratitis · corneal opacities · scar formation at the exposure site · nasopharyngeal cancer · laryngeal cancer · lung cancer(excluding mesothelioma) · squamous cell carcinoma of the skin |
|
Nitrogen or sulfur mustard gas or Lewisite |
· Chronic forms of: · laryngitis · bronchitis · emphysema · asthma · chronic obstructive pulmonary disease (COPD) |
|
Nitrogen mustard gas |
· acute non-lymphocytic leukemia |
Several locations have been confirmed where Army and Navy personnel are known to have been exposed. Other activities have also been acknowledged by the VA and are listed in the “Note(s)” column below.
|
Location |
Service |
Note(s) |
|
Bari, Italy |
Army, Navy |
Merchant seaman may also have been exposed or killed Present during German air raid on the harbor in World War II |
|
Bushnell, Florida |
Army |
|
|
Camp Lejeune, North Carolina |
Army, Navy |
|
|
Charleston, South Carolina |
Navy |
|
|
Camp Sibert, Alabama |
Army |
|
|
Great Lakes Naval Training Center, Illinois |
Navy |
|
|
Dugway Proving Ground, Utah |
Army |
|
|
Hart’s Island, New York |
Navy |
|
|
Edgewood Arsenal, Maryland |
Army |
|
|
Naval Training Center, Bainbridge, Maryland |
Navy |
|
|
Naval Research Lab, Washington D.C. |
Army |
|
|
Naval Research Laboratory, Virginia |
Navy |
|
|
Ondal, India |
Army |
|
|
Naval Research Lab, Washington D.C. |
Navy |
|
|
Rocky Mountain Arsenal, Colorado |
Army |
|
|
USS Eagle Boat No. 58 |
Navy |
|
|
San Jose Island, Panama Canal Zone |
Army |
|
|
Finschhafen, New Guinea |
Not specified |
Allied mustard agent testing |
|
Porton Down, England |
Not specified |
Allied mustard agent testing |
|
Not specified |
Not specified |
Field or Chamber testing |
|
Not specified |
Not specified |
WWI battlefield conditions |
|
Not specified |
Not specified |
Participation in the manufacturing, handling or destruction of the agents during active duty military service |
|
Not specified |
Not specified |
Operation Iraqi Freedom – service members who demolished or handled explosive ordinance |
Evidence
VetsHQ recommends that each claim contain a personal statement (generally submitted on the VA Form 21-4138 – Statement in Support of Claim) that includes:
- dates of exposure (month and year)
- geographic location of the exposure
- military unit of assignment at the time of exposure
- type of exposure (full body, patch, etc.)
If the VA determines the veteran is not listed in the Department of Defense/VA Chemical Biological Warfare Exposure System database, the veteran can expect to receive a VA request for additional information:
- full organizational designation at the time of exposure (unit, company, division, etc.)
- dates of exposure (month and year)
- geographic location of the exposure(s)
- type of activity the veteran was engaged in at the time of each exposure (basic training, test, experiment, etc.)
References
- 38 CFR 3.316 available at www.ecfr.gov
- VA Claims Adjudication Manual, M21-1, Part IV, Subpart ii, Chapter 1, Section F – Developing Claims for Service Connection (SC) for Disabilities Resulting From Exposure to Mustard Gas or Lewisite updated August 7, 2015.
