What Is Agent Orange?
Agent Orange was a powerful herbicide used by the U.S. military during the Vietnam War to remove dense jungle vegetation. It contained dioxin (TCDD)—one of the most toxic chemical compounds known to affect the human body.
Over 12 million gallons of Agent Orange were sprayed across Vietnam and stored at U.S. and overseas bases. Prolonged exposure caused devastating health effects, from cancers to nervous system damage, and its impact continues to echo across generations.
How Exposure to Agent Orange Affects Veterans and Their Children
Exposure to Agent Orange has been linked to numerous chronic conditions, including:
- Hodgkin’s and non-Hodgkin’s lymphoma
- Leukemia and other blood cancers
- Parkinson’s disease
- Type 2 diabetes
- Ischemic heart disease
- Respiratory cancers
- Soft-tissue sarcomas
But many Veterans and families have reported a second wave of harm—birth defects among their children and grandchildren.
VA-Recognized Birth Defects Linked to Agent Orange
The VA recognizes certain birth defects as presumptively connected to Agent Orange exposure. These conditions are eligible for compensation when they appear in the children of Veterans who served in qualifying locations.
| Recognized Condition | Description | Eligible Parent Service |
|---|---|---|
| Spina Bifida | Malformation of the spinal cord during fetal development. | Veterans who served in Vietnam or the Korean DMZ. |
| Other Congenital Disabilities (Female Veterans) | Range of severe birth defects other than inherited diseases. | Female Veterans who served in Vietnam. |
⚖️ Legal Basis: Recognized under 38 U.S.C. § 1805 and 38 C.F.R. § 3.814, these defects are presumed to result from exposure to dioxin-contaminated herbicides like Agent Orange.
Why Spina Bifida Is the Key Presumptive Condition
The VA currently presumes only spina bifida as directly caused by a father’s exposure to Agent Orange. Children with spina bifida may qualify for:
- Monthly monetary benefits
- Healthcare through the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA)
- Vocational training and rehabilitation assistance
Other conditions may still be eligible through direct service connection,but require medical and scientific evidence linking the defect to herbicide exposure.
What If Your Child’s Condition Isn’t on the Presumptive List?
You can still file a claim using a direct service connection theory. To do so, you’ll need:
- Proof of your service in a location known for Agent Orange exposure.
- Medical records documenting your child’s diagnosis.
- A medical opinion (nexus letter) linking your exposure to your child’s condition.
Even if your child’s specific defect isn’t yet officially recognized, the VA must review the evidence and consider all available research.
Common Non-Presumptive Conditions Reported by Families
Though not officially recognized for automatic compensation, research has linked dioxin exposure to higher risks of:
- Cleft palate and facial malformations
- Congenital heart disease
- Neural tube defects
- Endocrine disorders
- Limb abnormalities
- Reproductive challenges and infertility
Ongoing studies continue to examine these effects among children of Vietnam-era Veterans.
Filing a Claim for Agent Orange-Related Birth Defects
- Gather Service Records:
Obtain documentation showing your service in Vietnam, the Korean DMZ, Thailand, or other recognized exposure areas between 1962–1975. - Collect Medical Evidence:
Provide a detailed diagnosis of your child’s condition from a qualified healthcare provider. - Establish a Connection:
Include any research, studies, or medical opinions supporting dioxin exposure as a likely cause. - Submit the Correct Form:
File VA Form 21-0304 (Application for Benefits for Certain Children with Disabilities).
If the VA denies the claim, you have the right to appeal with additional medical or scientific evidence.
Emotional and Legal Support for Affected Families
For many Veterans, the hardest part isn’t just the health struggle—it’s the emotional toll of seeing their children suffer from conditions tied to their service. At Berry Law, we help Veterans and families pursue both the recognition and benefits they deserve.
Our firm has represented thousands of Veterans nationwide in complex Agent Orange cases, including claims for offspring born with spina bifida or related congenital disabilities.
Frequently Asked Questions About Agent Orange and Birth Defects
What birth defects does the VA recognize for Agent Orange exposure?
Currently, spina bifida is recognized for children of male Veterans who served in Vietnam or the Korean DMZ. For female Veterans, multiple congenital disabilities may qualify.
Can grandchildren be affected by Agent Orange exposure?
Emerging studies suggest potential generational effects, but the VA does not currently provide benefits beyond the children of exposed Veterans.
What benefits are available for children with recognized defects?
Eligible children may receive monthly compensation, CHAMPVA healthcare, and vocational rehabilitation benefits.
How do I prove my child’s condition was caused by Agent Orange?
Provide your service records, your child’s medical documentation, and a nexus letter from a doctor linking exposure to the diagnosis.
What if the VA denied my claim?
You can appeal. Many claims are initially denied due to lack of evidence but later approved after adding expert medical opinions or updated research.
Contact Berry Law
If you believe your child’s condition may be linked to Agent Orange exposure, Berry Law may be able to help. Our team of Veterans serving Veterans navigates complex VA claims and appeals related to herbicide exposure.
📞 Call 888-883-2483 or visit our website for a confidential case review.
We fight for the benefits your family deserves.
