VA Disability Claims for Vietnam Veterans Exposed to Agent Orange

July 9, 2024

Regan Kulhavy

Regan served in the JAG Corps, provided legal counsel to soldiers, served as trial counsel representing the Government, and ended her time in the service as a Command Judge Advocate and Administrative Law Attorney. These article have been written or reviewed by Regan or by a VA-accredited attorney.

Veterans who are still suffering from the effects of Agent Orange exposure can qualify for VA disability benefits.

Summary

Vietnam veterans exposed to Agent Orange face severe health issues such as diabetes, cancer, and neurological disorders. This emphasizes the need for VA disability claims for support.
Agent Orange, used during the Vietnam War to clear vegetation, contained harmful dioxins.
The VA offers presumptive service-connected disability compensation for veterans who served in specific areas and times and developed certain conditions linked to Agent Orange exposure.
Filing an Agent Orange VA disability claim involves gathering evidence, completing an application, submitting the claim, and potentially appealing decisions. Legal assistance can enhance the likelihood of a favorable outcome.

Vietnam War memorial with veterans names listed and an American flag; many were exposed to Agent Orange while serving

Agent Orange, a powerful herbicide used by the U.S. military during the Vietnam War, aimed to eliminate forest cover and crops for the enemy. Unfortunately, its use left devastating health impacts on exposed veterans.

Many Vietnam veterans who came into contact with Agent Orange continue to suffer from serious conditions such as diabetes, cancer, and neurological disorders. The importance of filing VA disability claims cannot be overstated, as these benefits provide crucial support for veterans and their families dealing with the long-term effects of this exposure.

At Bartlett Legal Group, our VA-accredited lawyers are dedicated to helping you or your loved one navigate the complex process of filing a toxic exposure VA disability claim or appeal related to Agent Orange. Our experienced team helps veterans secure the compensation and care they deserve for their service and sacrifices.

If you are a Vietnam veteran affected by Agent Orange, we are here to advocate for your rights and well-being. Get in touch with us to schedule a free consultation by calling (850) 332-6434 or submitting this contact form.

What is Agent Orange?

During the Vietnam War, the U.S. military employed various herbicides in Southeast Asia to protect American and Allied forces. The chemical weed killers helped by clearing dense jungle vegetation that concealed enemy positions. These herbicides were identified by color-coded bands on their 55-gallon drums, including Agent White, Agent Blue, and the most widely used, Agent Orange.

The military dispersed herbicides using aircraft, trucks, and hand-held sprayers to remove vegetation around landing zones, fire bases, and riverbanks. From 1962 to 1971, the U.S. sprayed nearly 11 million gallons of Agent Orange in Vietnam. “Operation Ranch Hand” was the main aerial spray initiative.

Agent Orange consists of two chemicals, 2,4-D and 2,4,5-T, also known as chlorinated phenoxy acids in ester form. The most hazardous component is a manufacturing byproduct of 2,4,5-T called 2,3,7,8-tetrachlorodibenzo-p-dioxin, or simply dioxin. Dioxin concentrations in Agent Orange varied significantly, ranging from less than 0.05 to nearly 50 parts per million.

Approximately three million veterans served in Southeast Asia, but it is unclear how many were exposed to Agent Orange. Exposure could occur during or immediately after spraying operations or through direct handling and application of the chemical.

Vietnam veterans who came into contact with Agent Orange and its dioxin contaminants have reported numerous severe health issues, including cancers, liver damage, chloracne, numbness or tingling in limbs, skin lesions, decreased libido, light sensitivity, changes in skin pigmentation, joint pain, and birth defects in their children.

Presumptive Service Connection for Conditions Caused by Agent Orange Exposure

The VA provides various types of compensation to veterans, including service-connected disability compensation. To qualify, veterans must demonstrate an in-service event or injury, a current disability, and a connection between the two. Research has confirmed a link between exposure to Agent Orange and other similar herbicides and the development of specific disabling medical conditions.

Veterans may qualify for Agent Orange exposure compensation if they served under the following conditions:

In Vietnam at any time from January 9, 1962, to May 7, 1975.
On a ship or boat that operated on Vietnam’s inland waterways or docked in Vietnam, with the veteran going ashore.
In Korea between April 1, 1968, and August 31, 1971, in a unit acknowledged by the VA and DoD as operating near the Korean DMZ where herbicides were used.
In specific roles at certain air bases in Thailand.

The compensation amount depends on the severity of the service-connected disability and potentially the number of qualifying dependents. The VA assesses the disability on a percentage scale from zero to 100 percent; higher percentages and more qualifying dependents result in higher monthly payments. Notably, a rating between 0 to 20 percent does not include additional compensation for dependents.

Typically, the VA grants service-connected disability compensation for Agent Orange exposure presumptive conditions under its “presumptive service-connected rules.” This means the VA assumes veterans were exposed to Agent Orange and are eligible for compensation and healthcare if they develop any medical conditions listed on this guide and served in the specified areas during the noted periods.

VA Eligibility Requirements for Agent Orange Exposure Claims

You might qualify for VA disability compensation due to Agent Orange exposure if you meet two criteria:

You have a mental or physical health condition linked to Agent Orange exposure.
You served in a location where Agent Orange exposure occurred.

Eligibility is assessed based on the specifics of each veteran’s claim. The VA presumes that certain cancers and illnesses are caused by Agent Orange, known as presumptive conditions. It also presumes veterans who served in certain locations were exposed to Agent Orange, referred to as presumptive exposure.

The PACT Act has added two new presumptive conditions:

High blood pressure (hypertension)
Monoclonal gammopathy of undetermined significance (MGUS)

A condition is considered presumptive if established by law or regulation. If diagnosed with one of these conditions, you aren’t required to prove it started or worsened due to military service.

If you suffer from a cancer or illness not listed as a presumptive condition but believe it’s due to Agent Orange exposure, you can still file for VA disability benefits. However, you will need to provide additional evidence. The experienced VA-accredited disability claims lawyers at Bartlett Legal Group can help you appeal your Agent Orange VA disability claim after the VA denies you the benefits you deserve.

Doctor uses a stethoscope to listen to the lungs of a Vietnam veteran who was exposed to Agent Orange

The VA Disability Claims Process for Agent Orange Exposure

Filing a VA disability claim for Agent Orange exposure involves several steps before you can secure the benefits you qualify for. Below is a step-by-step guide to help you navigate the process, including how to appeal if the VA denies your claim. Once you have applied, you can check your claim status to see how your case is progressing.

What to Expect When You File an Agent Orange VA Disability Claim

Gather Evidence: Collect all necessary medical records, service records, and any other documentation that proves you have a condition linked to Agent Orange exposure and that you served in an eligible location.
Complete the Application: Fill out VA Form 21-526EZ, “Application for Disability Compensation and Related Compensation Benefits.” This form is on the VA website or available at VA regional offices.
Submit Your Claim: File your completed application and supporting evidence through the VA’s eBenefits portal, by mail, or at a VA regional office.
VA Review: Once you submit your claim, the VA will review your evidence and may request additional information or schedule medical examinations to assess your condition.
Decision Notification: After reviewing your claim, the VA will send you a decision letter outlining whether it approved your claim. Additionally, the letter may include your disability rating, and the compensation amount.
File an Appeal (if necessary): If the VA denies your claim or you disagree with the disability rating, appeal it. Begin by submitting a Notice of Disagreement (NOD) using VA Form 21-0958 within one year of the decision letter date.
Attend a Hearing: If you requested a hearing in your NOD, attend the scheduled Board of Veterans’ Appeals hearing to present your case. You can choose to have a veterans disability appeals lawyer assist you.
Board Decision: The Board will review your case and issue a decision. If the appeal is granted, you’ll receive a new decision letter with updated benefits. If denied, you can appeal to the U.S. Court of Appeals for Veterans Claims.
Seek Further Assistance: Throughout this process, you can seek assistance from Bartlett Legal Group VA-accredited attorneys. Our team specializes in veteran disability claims. We can provide invaluable support and guidance to ensure your claim is thoroughly prepared and presented.

Why You Should Consult A VA-Accredited Veterans Disability Appeals Lawyer

Navigating the VA disability claims process can be complex and overwhelming, especially for Vietnam veterans exposed to Agent Orange. Consulting a VA-accredited lawyer can significantly improve your chances of receiving the benefits you deserve. Here are five key benefits of working with experienced VA disability claim lawyers:

Expert Knowledge: VA-accredited lawyers possess in-depth knowledge of VA laws, regulations, and procedures. They can help you understand your rights and the intricacies of your claim.
Thorough Documentation: These professionals gather and organize all necessary documentation and evidence to build a strong case.
Strategic Representation: Skilled VA lawyers develop strategic approaches tailored to your specific circumstances. Additionally, they make compelling arguments on your behalf to increase the likelihood of a favorable outcome.
Appeal Assistance: If the VA denies your claim or you disagree with the rating, the VA disability appeal lawyers at Bartlett Legal Group can expertly guide you through the appeals process. We will represent you at hearings and prepare persuasive legal briefs.
Peace of Mind: Knowing that experience professionals are handling your case allows you to focus on your health and well-being. This can help reduce the stress associated with the claims process.

Working with a VA-accredited lawyer means you have a dedicated advocate fighting for the disability benefits you have earned.

Book An Appointment With A VA-Accredited Agent Orange Disability Claims Lawyer Today

Bartlett Legal Group is a team of VA-accredited lawyers who proudly assist Vietnam veterans and their families in appealing VA disability claims for illnesses, injuries, and secondary conditions related to Agent Orange exposure.

Our experienced attorneys are dedicated to ensuring that you receive the benefits you deserve for your service and sacrifices. Don’t wait any longer—take action today. Call us at (850) 332-6434 or submit a contact form to schedule a free consultation with a seasoned VA attorney. Let Bartlett Legal Group be your advocate in navigating the complex VA claims process.