What was the settlement of the Agent Orange lawsuit?
In 1979, a class action lawsuit was filed on behalf of 2.4 million veterans who were exposed to Agent Orange during their service in Vietnam. Five years later, in an out-of-court-settlement, seven large chemical companies that manufactured the herbicide agreed to pay $180 million in compensation to the veterans or their next of kin.
How much money did the Agent Orange settlement fund give veterans?
The Fund also distributed $74 million to social service programs that helped 239,000 veterans. Since the Agent Orange Product Liability Litigation lawsuit, and the closing of the Settlement Fund, other lawsuits have also been filed against the chemical companies.
Is there a backlog of Agent Orange cases?
The U.S. Department of Veterans Affairs (VA) backlog of Agent Orange disability cases is currently estimated to be at around 500,000. With the number of VA claims increasing every year for diseases associated with Agent Orange exposure, competition is tough.
What is Agent Orange exposure for veterans?
Agent Orange exposure is presumed if a Veteran was in Vietnam from January 9, 1962 until May 7, 1975. This includes both time on land and time aboard a ship that operated in the Vietnam waterways.
What is the average disability rating for Agent Orange?
one of the diseases, or residuals of one of the diseases, that the VA recognizes as linked to Agent Orange exposure (see below) the recognized disease is rated at least 10% or higher, and. for certain diseases, the illness developed within a certain time period after the last day of service in Vietnam.
Can you still sue for Agent Orange?
“Agent Orange Suits Alive, U.S. Court Says: New Plaintiffs Can't Be Held to 1984 Settlement.” Seventeen years after a class action settlement intended to end lawsuits over Agent Orange, the U.S. Court of Appeals for the 2d Circuit has ruled that two Vietnam veterans may sue companies that made the product.
Is Agent Orange settlement taxable?
Agent Orange Compensation Won't Be Taxed | AP News.
Does Agent Orange qualify for VA disability?
You may be eligible for VA disability benefits if you meet both of these requirements. Both of these must be true: You have a health condition that's caused by exposure to Agent Orange, and. You served in a location that exposed you to Agent Orange.
Does the VA pay back pay for Agent Orange?
Blue Water Back Pay Errors VA has been awarding benefits to Vietnam veterans for any conditions related to Agent Orange for decades. When Congress passed new legislation that expanded coverage to the veterans who served on offshore ships, VA did not award retroactive benefits beyond the passage of that law.
How long does it take to process an Agent Orange claim?
When you work with an accredited VSO and provide all the necessary evidence with your application, you can get a decision on your claim in 30 days or less.
Can Agent Orange be passed from father to daughter?
There is currently no definitive evidence that a father's exposure to Agent Orange causes birth defects. However, an analysis of Agent Orange registry data from the U.S. Department of Veterans Affairs (VA) suggests a link between males' exposure to Agent Orange and having children with certain birth defects.
What are the 14 conditions related to Agent Orange?
Here are the 14 health conditions associated with Agent Orange exposure as of 2020:Chronic B-Cell Leukemia.Hodgkin's disease.Multiple Myeloma.Non-Hodgkin's lymphoma.Prostate cancer.Respiratory Cancers.Soft tissue sarcomas.Ischemic heart disease.More items...•
Do veterans get paid for life?
The SSA evaluates military records when claimants apply for benefits, and qualifying veterans can get a lifetime earnings credit for wages during service. Eligibility is based on length of service.
Is Agent Orange a 100 disability?
With a proper diagnosis of respiratory cancer in a veteran with Agent Orange exposure, the VA will provide a 100% disability rating as long as the cancer is active and during treatment. This means that the veteran will receive the highest compensation that fits their eligibility bracket.
Do Vietnam vets get any benefits?
VA Benefits for Vietnam Veterans Vietnam Veterans may be eligible for a wide-variety of benefits available to all U.S. military Veterans. VA benefits include disability compensation, pension, education and training, health care, home loans, insurance, vocational rehabilitation and employment, and burial.
What benefits are available for Agent Orange exposure?
Survivors' benefits Surviving spouses, dependent children and dependent parents of Veterans who were exposed to Agent Orange or other herbicides during service and died as the result of diseases related to the exposure may be eligible for health care, compensation, education, and home loan benefits.
How do I make a claim to Agent Orange?
There are three ways to apply for VA disability benefits based on Agent Orange exposure: Online, using the VA.gov website. Over the phone, with the help of a VA representative or agent. In person at a regional VA office.
How much does the VA pay for Agent Orange exposure?
A single veteran can receive up to $39,984 (2022) per year in tax-free benefits from the VA due to their exposure to Agent Orange and resulting medical condition. A married veteran, or veteran with dependents such as a child or dependent parent can receive $42,214 (2022) or more.
How do you prove exposure to Agent Orange?
Unfortunately, there's no medical test or biological feature that can show that someone was exposed to Agent Orange or other herbicides, so the health exam cannot confirm that you were (or were not) exposed.
Does Agent Orange still affect Vietnam?
After its use in the 1960s, Agent Orange was banned by the U.S. in 1971 and remaining stocks were taken from Vietnam and the U.S. to Johnston Atoll, a U.S. controlled island about 700 miles SE of Hawaii, where it was destroyed in 1978. There is no 'Agent Orange' in Vietnam or anywhere else today.
What was the Agent Orange settlement?
The Agent Orange Settlement Fund was created by the resolution of the Agent Orange Product Liability Litigation - a class action lawsuit brought by Vietnam Veterans and their families regarding injuries allegedly incurred as a result of the exposure of Vietnam Veterans to chemical herbicides used during the Vietnam war . The suit was brought against the major manufacturers of these herbicides. The class action case was settled out-of-court in 1984 for $180 million dollars, reportedly the largest settlement of its kind at that time.
When did the Agent Orange settlement fund close?
The Settlement Fund closed in 1997. Below is a brief history.
How long did the Settlement Fund last?
The Payment Program operated over a period of 6 years, beginning, after appeals, in 1988 and concluding in 1994. During its operation, the Settlement Fund distributed a total of $197 million in cash payments to members of the class in the United States.
How many locations did Fairness Hearings take place?
This plan for distributing the Settlement Fund was unprecedented: it employed mechanisms not previously adopted in class action lawsuits in order to maximize benefits to class members and to respond to the complex needs expressed by the class during a series of "Fairness Hearings" held in six different locations in the country.
How many gallons of Agent Orange were used in Vietnam?
It was available in slightly different mixtures, sometimes referred to as Agent Orange I, Agent Orange II, Agent Orange III and “Super Orange.”. More than 13 million gallons of Agent Orange was used in Vietnam, or almost two-thirds of the total amount of herbicides used during the entire Vietnam War.
Who reports on Agent Orange?
Report to the Secretary of the Department of Veterans Affairs on the Association Between Adverse Health Effects and Exposure to Agent Orange. Department of Veterans Affairs.
What Is Agent Orange?
The various herbicides used during Operation Ranch Hand were referred to by the colored marks on the 55-gallon drums in which the chemicals were shipped and stored.
What was the purpose of Agent Orange?
military forces during the Vietnam War to eliminate forest cover and crops for North Vietnamese and Viet Cong troops. The U.S. program, codenamed Operation Ranch Hand, sprayed more than 20 million gallons of various herbicides over Vietnam, Cambodia and Laos from 1961 to 1971.
How many gallons of herbicide was used in Vietnam during Operation Ranch Hand?
In all, American forces used more than 20 million gallons of herbicides in Vietnam, Laos and Cambodia during the years of Operation Ranch Hand.
How much did Agent Orange pay veterans?
Five years later, in an out-of-court-settlement, seven large chemical companies that manufactured the herbicide agreed to pay $180 million in compensation to the veterans or their next of kin.
What is the active ingredient in Agent Orange?
In addition to Agent Orange’s active ingredients, which caused plants to “defoliate” or lose their leaves, Agent Orange contained significant amounts of 2,3,7,8-tetrachlorodibenzo-p-dioxin, often called TCDD, a type of dioxin.
Who is Eligible to File an Agent Orange Lawsuit?
Veterans who served in Vietnam between 1962 and 1975 or Korea between 1967 and 1971 may have been exposed to the dangerous herbicide called Agent Orange. The herbicide was named Agent Orange because of the color-coded band that was used for shipping.
When did the Vietnam vets file a class action lawsuit?
In 1986, a group of Vietnam vets filed a class action lawsuit against the VA over improper Agent Orange claims denials. The U.S. District Court ruled in favor of the Class and has since awarded retro-active benefits for those who were already denied.
Can you get compensation for Agent Orange?
Agent Orange Lawsuits. If you or a loved one is a Vietnam veteran who was exposed to Agent Orange during duty, you may be eligible for financial compensation even if your claim has been denied by the Department of Veteran's Affairs (VA).
What is Agent Orange?
Agent Orange was a tactical herbicide the U.S. military used to clear leaves and vegetation for military operations mainly during the Vietnam War. Veterans who were exposed to Agent Orange may have certain related illnesses. If you have an illness caused by exposure to Agent Orange ...
How to contact Agent Orange?
You can also call the Agent Orange Help Line at 1-800-749-8387 or send an e-mail to GW/[email protected]. You must provide your name, e-mail address, telephone and/or fax number, and VA file number/Social Security Number. We will do our best to respond within a reasonable amount of time (usually 3 to 10 workdays).
Do you have to show you were exposed to Agent Orange?
If you fall into either category listed above, you do not have to show that you were exposed to Agent Orange to be eligible for disability compensation for diseases VA presumes are associated with it. Check the list of U.S. Navy and Coast Guard ships that operated in Vietnam to confirm whether your service aboard a ship allows VA to concede you were exposed to Agent Orange..
Can Agent Orange cause illness?
When sound medical and scientific evidence shows that an illness is caused by Agent Orange exposure, we add it to our list of presumptive diseases. If you’ve been diagnosed with one of these illnesses, you don’t need to prove that it started during—or got worse because of—your military service.
Can you still apply for service connection with Agent Orange?
If you believe that you have a disease caused by herbicide exposure, but that disease is not on the list of diseases associated with Agent Orange, you may still apply for service-connection. In these cases, VA requires all of the following:
Can blue water veterans be exposed to Agent Orange?
Blue Water Navy Veterans who served aboard ships in the open waters off the coast of Vietnam during the Vietnam War are now presumed to be exposed to Agent Orange. If we denied your claim in the past, you can file a new claim based on Public Law 116-23.
Does the VA pay for herbicides?
VA and federal law presumes that certain diseases are a result of exposure to these herbicides. This "presumptive policy" simplifies the process for receiving compensation for these diseases since VA foregoes the normal requirements of proving that an illness began during or was worsened by your military service.
What evidence is needed to prove Agent Orange?
Evidence that shows the problem started during—or got worse because of—your military service, or. Scientific or medical evidence stating that the illness you have is caused by Agent Orange. Scientific proof may include an article from a medical journal or a published research study. Get your VA medical records online.
What are the diseases caused by Agent Orange?
Other illnesses caused by Agent Orange exposure. AL amyloidosis: A rare illness that happens when an abnormal protein (called amyloid) enters the body’s tissues or organs. These include the organs like the heart, kidneys, or liver.
Can you file a claim for VA disability if you have Agent Orange?
If you have an illness that’s not on our list of presumptive diseases, but you believe it was caused by Agent Orange exposure, you can still file a claim for VA disability benefits. But you’ll need to submit more evidence. Keep reading to learn about service requirements and supporting evidence.
Can Agent Orange cause illness?
When sound medical and scientific evidence shows that an illness is caused by Agent Orange exposure, we add it to our list of presumptive diseases. If you’ve been diagnosed with one of these illnesses, you don’t need to prove that it started during—or got worse because of—your military service.
Who was the first person to sue Agent Orange?
The first Agent Orange-related lawsuit was filed by 28-year old Paul Reutershan, who believed that his chloracne and abdominal cancer was related to Agent Orange after watching the Kurtis documentary. Reutershan’s claim was first denied by the VA, and after failing to sue the U.S. government, he filed a personal $10-million injury lawsuit in a New York State Court against three chemical companies: Dow Chemical, Monsanto and Diamond Shamrock Corporation. The case received mass media attention.
Who brought the Reutershan lawsuit?
AOVI brought on workman’s compensation attorney Victor Yannacone who filed Reutershan’s complaint as a class action lawsuit against four additional chemical companies—Hercules, Uniroyal, the T. H. Agriculture and Nutrition Company and the Thompson Chemical Company. The case, known as the Agent Orange Product Liability Litigation, grew as lawyers across the country added their clients to the suit.
What was the name of the lawsuit against Dow Chemical?
This includes Dow Chemical Co. v. Stephenson, 539 U. S. 111 (2003), by Daniel Raymond Stephenson who sued Dow in New Jersey courts after developing multiple Myeloma in 1998. Dow successfully argued for filing the case as a federal court case, not a state case. Stephenson v. Dow Chemical Co. was transferred to Judge Weinstein in the U.S. District Court of the Eastern District of New York.
Nehmer Class Action Lawsuit
Before we discuss the Nehmer effective date rules, it is helpful to understand the basics of the Nehmer class action itself. The lawsuit was filed in 1986 (and certified as a class action in 1987) to challenge a VA regulation from 1985 which gave presumptive status to chloracne claims only.
How Effective Dates Normally Work
Because the effective date rules under Nehmer are so different, here is a quick refresher as to how effective dates are normally treated.
Special Nehmer Effective Date Rules
Under the special Nehmer effective date rules, it does not matter when the VA adds a disease to the presumptive list.
