Is there still money available for Agent Orange settlements?
While some settlements had immediate payouts, there may be funds still available, depending on your condition and infliction. The VA is providing assistance, benefits and care for Veterans who have health implications as a result of Agent Orange exposure.
Can a veteran get compensation for Agent Orange exposure?
Disability compensation for Veterans. Veterans may be eligible for disability compensation if they have a disability related to Agent Orange exposure during service and were discharged under other than dishonorable conditions.
Did you know there was a class action lawsuit for Agent Orange?
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. Did you know?
Who is eligible to claim Agent Orange benefits?
Veterans who served in Vietnam, the Korean demilitarized zone or other areas where Agent Orange was sprayed may be eligible. Health care benefits, a full range of medical benefits. There are many ways a Veteran may qualify.
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.
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.
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.
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.
How do I get compensation from Agent Orange?
If you have a disability caused by Agent Orange, you can apply for and receive benefits....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.
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...•
Who is eligible for Agent Orange compensation?
Veterans who were exposed to Agent Orange in Vietnam while on active duty are eligible for disability compensation through the Department of Veterans Affairs (VA) as long as they were discharged under conditions other than dishonorable.
How far does VA disability back pay?
It takes another 9 months before the VA's Rating Decision is reached. Ben will receive VA Disability Back Pay for the entire 18 months between his date of separation and the VA's rating decision.
How long does it take a veteran law judge to make a decision?
The Veterans Benefits Administration usually takes 12-18 months to review new appeals and decide whether to grant some or all of the appeal. When you request a review from a Veterans Law Judge at the Board of Veterans' Appeals, it could take 5-7 years for you to get a decision.
What percentage of VA claims are approved?
Percentage of Vets Claims Approved The number of veterans claims approved in 2018 was around 35.75 percent. In that 35.75% , 19.61% were approved with zero remand issues, and 16.14% were allowed with at least one remand issue. If 2018 is any indication, less than half of service member's disability claims are approved.
What are the three new presumptive conditions for Agent Orange?
In 2021 the VA added the following three conditions to their “presumptive condition” list: Bladder cancer. Hypothyroidism. Parkinsonism.
What are the 3 new Agent Orange presumptive diseases?
As a result of the FY21 National Defense Authorization Act, VA added three new conditions that are related to exposure to Agent Orange and other herbicides: bladder cancer, hypothyroidism, and Parkinsonism (also known as Parkinson-like conditions).
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...•
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.
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 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.
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.
Do you get paid back if you approve a claim?
In certain cases, if we approve your claim, we’ll pay you back to the date when you submitted your original claim. We refer to this as retroactive payment.
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.
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.
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 ...
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 ...
What is Agent Orange?
Agent Orange is a powerful herbicide. The U.S. military used it to defoliate swaths of land in Thailand, Vietnam, and Korea. It was also tested, used, and stored at various other locations. Unfortunately, research later showed the herbicide was highly toxic to anyone who came in proximity to it.
Where is Agent Orange used?
The U.S. military used it to defoliate swaths of land in Thailand, Vietnam, and Korea. It was also tested, used, and stored at various other locations. Unfortunately, research later showed the herbicide was highly toxic to anyone who came in proximity to it. The effects of Agent Orange can take years to appear.
What Agent Orange-related conditions qualify for disability benefits?
Medical researchers have linked Agent Orange to a host of health conditions. VA adds new conditions to the list periodically. No matter your diagnosis, contact us for a free consultation. Currently, the list of health conditions associated with Agent Orange exposure includes the following:
How do I get disability for Agent Orange exposure?
The most important part of our job as your VA disability attorneys is establishing that exposure to Agent Orange caused your medical condition. To build a compelling case that Agent Orange caused your medical condition, we will prove the following:
What are the presumptive conditions caused by Agent Orange?
The 2021 NDAA, or National Defense Authorization Act, passed by Congress added bladder cancer, Parkinson’s-like Symptoms, and Hypothyroidism to the list of presumptive conditions caused by Agent Orange exposure. Essentially, Congress bypassed VA to add these conditions to the presumptive conditions list and, by statute, determined that there is a link between Agent Orange exposure and bladder cancer, Parkinson’s-like symptoms, and hypothyroidism. With this, Congress has demonstrated that it has the power to use the NDAA to add conditions to the presumptive list. This could potentially lead to more conditions being added to the list in the future.
What to do if you have cancer after being exposed to Agent Orange?
If you developed cancer or another health condition after being exposed to Agent Orange, get an experienced veterans’ advocate on your team to help you get the benefits you deserve. Contact the attorneys at Chisholm Chisholm & Kilpatrick LTD for a free consultation. Call today: 401-237-6412.
How long does it take for a VA to re-rate you?
Your 100 percent rating continues until six months after successful completion of a treatment program. At that time, the VA requires you undergo another evaluation to determine the current status of your diagnosis. It then re-rates you based on the result.
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.
What is Agent Orange Registry?
Agent Orange Registry health exam, a free exam for possible long-term health problems related to herbicide exposure. Veterans who served in Vietnam, the Korean demilitarized zone or other areas where Agent Orange was sprayed may be eligible. Health care benefits, a full range of medical benefits. There are many ways a Veteran may qualify.
What benefits do survivors get from Agent Orange?
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. Learn more about survivors' benefits.
Can veterans get disability for Agent Orange?
Veterans may be eligible for disability compensation if they have a disability related to Agent Orange exposure during service and were discharged under other than dishonorable conditions. VA has recognized certain cancers and other health problems as associated with exposure to Agent Orange or other herbicides during service.
Veterans Exposed to Agent Orange
- Veterans who were exposed to Agent Orange or other herbicides during military service may be eligible for a variety of VA benefits, including disability compensation for diseases associated with exposure. Your dependents and survivorsalso may be eligible for benefits. "Agent Orange"refers to a blend of tactical herbicides the U.S. military sprayed ...
Eligibility - Service in Vietnam Or Korea
- VA presumes that Veterans were exposed to Agent Orange or other herbicides if they served: 1. In Vietnam anytime between January 9, 1962 and May 7, 1975, including brief visits ashore or service aboard a ship that operated on the inland waterwaysof Vietnam 2. In or near the Korean demilitarized zone anytime between April 1, 1968 and August 31, 1971 If you fall into either cate…
Eligibility - Service Outside of Vietnam Or Korea
- Even if you did not serve in Vietnam or the Korean demilitarized zone during the specified time periods, you can still apply for disability compensation if you were exposed to an herbicide while in the military and believe it led to the onset of a disease. This includes: 1. Veterans who served on or near the perimeters of military bases in Thailandduring the Vietnam Era. 2. Veterans who s…
Diseases Associated with Agent Orange
- VA currently presumes that some diseases resulted from exposure to herbicides like Agent Orange. The Veterans Health Administration's Public Health website lists these diseases VA presumes are associated with exposure to Agent Orange or other herbicidesduring military service:
Evidence Needed
- If you are seeking service connection for one of the diseases VA presumes is associated with exposure to herbicides during service, VA requires the following: 1. A medical diagnosis of a disease which VA recognizes as being associated with Agent Orange (listed above) 2. Competent evidence of 2.1. service in Vietnam or at or near the Korean demilitarized zone during the dates …
Compensation Benefit
- Monthly payment rates are based on the Veteran's combined rating for his or her service-connected disabilities. These ratings are based on the severity of the disabilities. Additional amounts are paid to certain Veterans with severe disabilities ("special monthly compensation") and certain Veterans with dependents. You can view the current Compensation Rate Tablesto d…
How to Apply
- Apply online using eBenefits, OR
- Work with an accredited representative or agent, OR
- Go to a VA regional office and have a VA employee assist you. You can find your regional office on our Facility Locatorpage
More Information
- Check VA's Guide to Agent Orange Claims to learn more about how to establish eligibility to disability compensation and how much VA pays. 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 …