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.
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.
Is it easier to get disability compensation for Agent Orange?
Once a disease is put on the list, it is easier to get disability compensation for it because the VA presumes the disease is a result of exposure to Agent Orange for veterans who served in Vietnam or its inland waterways between 1962 and 1975. The same applies to veterans who served in or near the Korean demilitarized zone between 1968 and 1971.
How many people died from Agent Orange in Vietnam?
Legacy of Agent Orange in Vietnam. In addition to the massive environmental devastation of the U.S. defoliation program in Vietnam, that nation has reported that some 400,000 people were killed or maimed as a result of exposure to herbicides like 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.
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.
What is the VA disability rating for Agent Orange?
Under VA's rating regulations, it must be at least 10 percent disabling within one year of exposure to herbicides. A nervous system condition that causes numbness, tingling, and motor weakness. Under VA's rating regulations, it must be at least 10 percent disabling within one year of herbicide exposure.
Is Agent Orange settlement taxable?
Agent Orange Compensation Won't Be Taxed | AP News.
How much can I get from Agent Orange?
70 percent disability rating: $1,529.95 per month. 80 percent disability rating: $1,778.43 per month. 90 percent disability rating: $1,998.52 per month. 100 percent disability rating: $3,332.06 per month.
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.
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.
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.
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...•
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.
Do Veterans get paid for life?
A VA Survivors Pension offers monthly payments to qualified surviving spouses and unmarried dependent children of wartime Veterans who meet certain income and net worth limits set by Congress. Find out if you qualify and how to apply.
Can a grown child of a veteran get benefits?
As the spouse or dependent child of a Veteran or service member, you may qualify for certain benefits, like health care, life insurance, or money to help pay for school or training.
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 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?
The U.S. and Vietnamese governments have both taken steps to care for veterans affected by dioxin exposure during the war. But much remains to be done for others whose needs have not been met. Agent Orange and dioxin continues to contaminate the environment in Vietnam and freshly affect people's health.
Can a child of a Vietnam veteran get benefits?
In some cases, a parent's past contact with specific chemicals causes this birth defect. If you served in Vietnam or Thailand, or in or near the Korean Demilitarized Zone (DMZ)—and your child has spina bifida or certain other birth defects—your child may be able to get disability benefits.
What was the Agent Orange settlement fund?
Initially, the Agent Orange Settlement Fund was a result of a class action lawsuit brought against the manufacturers of the chemical agents used in the Vietnam War by the Veterans of the war and their families. This fund and lawsuit did not involve the VA or the government in any way.
When did Agent Orange start?
Fortunately for Veterans, there is no need to prove Agent Orange exposure. 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.
Can veterans get VA benefits for Agent Orange?
Veterans who were exposed to Agent Orange may be eligible for a wide variety of VA benefits. These benefits may include disability benefits for diseases that have been linked to Agent Orange exposure. These diseases include: Additionally, survivors of exposed Veterans and depends may also be eligible for benefits.
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.
When was Agent Orange a class action lawsuit filed?
We never considered a scenario in which our own personnel would become contaminated with the herbicide.”. 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.
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 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.
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.
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).
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 ...
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.
Who sprayed Agent Orange?
Daniel Crawford sprayed and mixed 2,4,5-T, an ingredient in Agent Orange, as a part of his job with Ontario Hydro. He qualified for compensation through the Workplace Safety and Insurance Board. He spoke with the CBC's Kate Rutherford about his settlement. 6:58
Where was Agent Orange sprayed?
The head of the Agent Orange Association of Canada said the settlements are well below what people received in Gagetown, New Brunswick, after Agent Orange was sprayed at the military base in the 1960s.
How much did the government set aside for the 2007 victims?
In 2007, the federal government set aside almost $100 million to compensate victims. " [It] certainly does not justify what happened to them and for the medical expenses, loss of employment, possible standard of living," Carol Brown Parker said.
When did the province apologize?
In 2013, the province apologized and directed people to make claims with the Workplace Safety and Insurance Board.
Has Deshane refused the settlement?
Deshane said he has refused the settlement, and is considering appeal options.
What are the most tragic events of Agent Orange?
Severe disabilities and birth defects as a result of exposure to Agent Orange are the most tragic...
Who was the scientist that sprayed Agent Orange?
By then, Chagnon and Hammond had gotten to know Thomas Boivin, a scientist with a Canadian company called Hatfield Consultants that was completing a landmark study of Agent Orange on the Vietnam side of the border, in the heavily sprayed A Shau valley (today known as the A Luoi valley, named after its main town). The records were in the form of computer punch cards and needed to be painstakingly converted into a database that showed every recorded flight, with its date and the geographical coordinates of where each spray run began and ended. Boivin later calculated that more than half a million gallons of chemicals had been sprayed on Laos, but other declassified Air Force documents show additional amounts not found in those initial records, and several village elders gave persuasive accounts of flights that didn’t seem to conform to the official data.
What is the name of the defoliant used in the Vietnam War?
The main focus of the War Legacies Project is to document the long-term effects of the defoliant known as Agent Orange and provide humanitarian aid to its victims. Named for the colored stripe painted on its barrels, Agent Orange — best known for its widespread use by the U.S. military to clear vegetation during the Vietnam War — is notorious for being laced with a chemical contaminant called 2,3,7,8-Tetrachlorodibenzo-P-dioxin, or TCDD, regarded as one of the most toxic substances ever created.
How many cases of birth defects are documented in Laos?
Of the 517 cases of disabilities and birth defects so far documented by the War Legacies Project in Laos, about three-fourths, like malformed limbs, are identifiable to the untrained eye as conditions of the sorts now linked to exposure to Agent Orange.
How old was Suk in the family?
The family had a 4-year-old boy named Suk, who had difficulty sitting, standing and walking — one of three children in the extended family with birth defects. A cousin was born mute and did not learn to walk until he was 7. A third child, a girl, died at the age of 2.
What plants survived Agent Orange?
Sugar cane and lemongrass survived the spraying. So did cassava, though it swelled to an outlandish size and became inedible — Agent Orange accelerated the growth of plant tissue, killing most foliage. Bomb craters in the fields, now used as fish ponds. Image by George Black. Laos, 2019.
Is Agent Purple toxic?
To make matters worse, the newly examined Air Force records show that the first intensive period of spraying in Laos used not Agent Orange, but the much more toxic Agent Purple, the use of which was discontinued in Vietnam almost a year earlier. Tests showed that the average concentration of TCDD in Agent Purple, a different chemical formulation, was as much as three times higher than in Agent Orange.
Who is eligible for Agent Orange compensation?
Surviving spouses, dependent children and dependent parents of Veterans who were exposed to Agent Orange and died as the result of diseases related to Agent Orange exposure may be eligible for a monthly payment called Dependency and Indemnity Compensation.
What benefits does the VA offer to surviving spouses?
Benefits include compensation and health care benefits.
Can a survivor get a Champva?
Survivors also may be eligible for CHAMPVA if the Veteran was rated permanently and totally disabled from a service connected disability at the time of death. To be eligible for CHAMPVA, you cannot be eligible for TRICARE/CHAMPUS. Find out more about eligibility for CHAMPVA health care benefits and how to apply.
Can a veteran be eligible for Dependency and Indemnity Compensation?
Survivors also may be eligible for Dependency and Indemnity Compensation if the Veteran died from other service- related injuries or diseases or was totally disabled from service-connected conditions for certain lengths of time at the time of death.
When is the effective date for Agent Orange?
The rule is that the effective date is the latter of the date the VA received the initial claim for an Agent Orange-related disease (“initial claim” means the first claim filed after or pending on September 25, 1985) or the date the Agent Orange-related disease was first diagnosed. In simplest terms, if a veteran filed his first claim ...
What happens if a veteran dies before his initial claim is re-decided?
In addition, if the veteran dies before his initial claim is re-decided under Nehmer, the VA still must decide the claim and pay, in priority order, his spouse, children of any age, his parents, or his estate. Another tricky Nehmer rule relates to evidence of an Agent Orange-related disease that is in a veteran’s C-File.
When was the Nehmer class action filed?
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. In 1989, the court invalidated ...
When did the VA add a disease to the presumptive list?
The stipulation and order provided that whenever the VA adds a disease to the presumptive list, the VA must identify all veterans (and their survivors) who were previously denied service connection for that disease or had claims pending between September 25, 1985 and the publication date of the regulation adding the disease.
When was the VA's 1985 regulation invalidated?
In 1989 , the court invalidated the 1985 regulation, finding that the regulation required too high of a standard of proof and required the VA to undergo new rule-making standards.
Why is it easier to get disability for Agent Orange?
Once a disease is put on the list, it is easier to get disability compensation for it because the VA presumes the disease is a result of exposure to Agent Orange for veterans who served in Vietnam or its inland waterways between 1962 and 1975.
Is it worth trying to bring a claim to a veteran?
Veterans service groups say it can be worth trying to bring such claims even though they can be difficult.
Is Agent Orange toxic to veterans?
Though most veterans are aware of the toxic nature of Agent Orange, an herbicide used to clear foliage in Vietnam, not everyone has kept track as the U.S. Department of Veterans Affairs has expanded a list of diseases that make it easier to qualify for benefits. Until the 1990s, the government recognized only one ailment – a skin condition called ...
Do veterans have Agent Orange?
The problem, veterans advocates say, is that veterans don’t necessarily make the connection between a disease they have had for years and the expanded Agent Orange list. For example, a veteran diagnosed decades ago with type 2 diabetes may not have noticed when the government later added the condition to its list of ailments linked to Agent Orange, says Linda Schwartz, special advisor on health to the Vietnam Veterans of America. If a veteran is seeing a civilian doctor who isn’t well-versed in veterans’ issues, she says, the doctor wouldn’t necessarily associate the diagnosis with Agent Orange.