## Facts

- Alfred Procopio, Jr., a Vietnam-era Navy veteran, served aboard the U.S.S. Intrepid from 1964–1967 while it operated offshore Vietnam, including within 12 nautical miles of the coastline.
- Procopio sought disability compensation for diabetes mellitus (filed 2006) and prostate cancer (filed 2007) based on presumptive service connection tied to herbicide exposure under 38 U.S.C. § 1116.
- Procopio did not set foot on the Vietnamese landmass and did not serve on inland waterways.
- VA applied a “foot-on-land”/inland-waterways rule that excluded “Blue Water Navy” veterans who served only in offshore waters, relying on its interpretation of § 1116 and circuit precedent.

## Issues

1. Whether the phrase “served in the Republic of Vietnam” in 38 U.S.C. § 1116 includes service in Vietnam’s territorial sea up to 12 nautical miles from the coast.
2. Whether § 1116 is ambiguous on that question such that deference to VA’s narrower interpretation is appropriate.

## Decision

- The Federal Circuit, sitting en banc, reversed the judgment denying presumptive service connection.
- The court held that “served in the Republic of Vietnam” unambiguously includes service in Vietnam’s territorial sea.
- Because the statute is unambiguous, VA’s contrary interpretation was not entitled to deference.
- The court concluded Procopio qualified for the § 1116 presumption for diabetes mellitus and prostate cancer based on undisputed service within the territorial sea.

## Legal Principles

- Statutory interpretation begins with the ordinary meaning of the text; when Congress has spoken clearly, that meaning controls.
- A sovereign nation’s “territory,” as commonly understood and informed by established international law, includes its territorial sea.
- When a statute is unambiguous, agency interpretations contrary to the statute receive no deference.
- For § 1116, qualifying “service in the Republic of Vietnam” includes service within 12 nautical miles of the Vietnamese coastline; veterans who meet that geographic requirement and have listed diseases are entitled to the presumption of service connection, subject to other statutory requirements.

## Conclusion

The en banc Federal Circuit held that 38 U.S.C. § 1116 extends the Agent Orange presumption to veterans who served in Vietnam’s territorial sea, rejecting VA’s “foot-on-land” limitation and entitling Blue Water Navy veterans like Procopio to presumptive service connection for covered diseases.


Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019)