The fight for recognition and compensation has been a long journey for Vietnam Veterans exposed to Agent Orange. They have had to navigate a complex and often frustrating claims process, gathering evidence and arguing their cases to the Department of Veterans Affairs (VA), all while grappling with the debilitating effects of their illnesses. Enlisting the help of a Massachusetts VA Disability Benefits attorney can make a significant difference, providing the legal expertise and support needed to effectively advocate for their rights and secure the compensation they deserve.
Over the years, through the tireless efforts of Veterans, advocates, and lawmakers, progress has been made in expanding eligibility for presumptive service connection for Agent Orange disability compensation, ensuring that more Veterans receive the benefits they have earned through their sacrifice and service.
In January 2019, the United States Court of Appeals for the Federal Circuit made a significant decision in Procopio v. Wilkie. The court ruled that for the purpose of Agent Orange claims, service in the Republic of Vietnam includes service in its territorial waters. This decision made many Navy Veterans who served offshore eligible for presumptive service connection for Agent Orange-related conditions.
The court reached this conclusion by referring to international law, which states that a nation’s territory includes its territorial seas, typically extending 12 nautical miles from the coast. The Agent Orange Act of 1991 established presumptive service connection for certain conditions related to herbicide exposure for Veterans who served “in the Republic of Vietnam.” By interpreting this phrase to include the territorial seas, the Procopio decision expanded eligibility for these presumptions.
However, the Procopio decision did not directly address whether service members who flew over Vietnam without setting foot on land were also entitled to the same presumption. Subsequent legislation, particularly the Blue Water Navy Vietnam Veterans Act of 2019, has provided clarity on this issue.
The Blue Water Navy Vietnam Veterans Act of 2019 extended the presumption of herbicide exposure to Veterans who served offshore of the Republic of Vietnam between January 9, 1962, and May 7, 1975. The law defines offshore service as within 12 nautical miles of the coast of Vietnam and Cambodia. Importantly, the law also extended the presumption of exposure to Veterans who flew missions over these areas, even if they did not set foot on land in Vietnam.
In light of this legislation and the Procopio decision, the VA now considers a Veteran who flew missions over Vietnam to qualify for the presumption of exposure to herbicides. If they develop an Agent Orange presumptive condition, they are eligible for presumptive service connection.
The PACT Act, signed into law in 2022, further expanded presumptive conditions for toxic exposures, including Agent Orange. While it did not directly change the eligibility criteria for Agent Orange presumptions, it did add new conditions to the presumptive list, including hypertension and monoclonal gammopathy of undetermined significance (MGUS). Veterans who flew over Vietnam and have these conditions may now be eligible for presumptive service connection.
If a Veteran who flew missions over Vietnam has been denied benefits for an Agent Orange-related condition, they should appeal the decision, citing the Blue Water Navy Vietnam Veterans Act of 2019 and the Procopio decision. With the PACT Act’s expansion of presumptive conditions, more Veterans may now be eligible for benefits. This is a significant development that expands benefits to Air Force, Navy, Marine Corps, and Army Veterans who participated in the Vietnam War from the air.
Agent Orange was used during the Vietnam War to defoliate dense jungle areas, aiming to deprive enemy forces of cover and resources. The use of this chemical cocktail, which contained the highly toxic substance dioxin, had devastating consequences for the health of the Veterans who were exposed to it.
For decades, these brave men and women have battled not only the physical and mental scars of their service but also the bureaucratic hurdles in obtaining the Agent Orange disability compensation they rightfully deserve from the VA. Many have developed a range of serious health conditions, such as various types of cancer, diabetes, Parkinson’s disease, and heart problems, often manifesting years or even decades after their initial exposure.
The VA has established a list of presumptive conditions related to Agent Orange exposure. This means that if a Veteran served in a location where Agent Orange was used during the specified time and later develops one of these conditions, the VA will presume that the condition was caused by their military service, even without direct evidence of exposure.
Presumption should simplify the claims process for Veterans, as they do not need to provide a medical nexus opinion linking their condition to their service. However, Veterans continue to fight to have the time, place, and circumstances of their exposure qualified for presumptive status. The current list of presumptive conditions includes:
This is not a comprehensive list, so Veterans should check with the VA to determine if their illness is included as a presumptive condition. An experienced Veterans disability benefits attorney can help navigate these complex claims.
The claims process for Veterans seeking disability compensation for conditions related to Agent Orange exposure can vary depending on whether they qualify for presumptive service connection. Veterans who served in Vietnam and its territorial waters, or flew missions over these areas during the specified period and have a condition on the VA’s presumptive list may have an easier path to obtaining benefits.
For these Veterans, the VA presumes that their condition is related to their Agent Orange exposure, and they do not need to provide a medical nexus opinion linking their condition to their service. Instead, they must submit evidence of their service in the affected areas and a current diagnosis of a presumptive condition. This streamlined process can result in faster and more successful claims.
Veterans who have conditions not on the presumptive list or who served in areas where Agent Orange was used outside of Vietnam may face a more challenging process. They must provide evidence of their service, medical diagnosis, and a nexus between their condition and military service. This often requires obtaining a thorough medical examination and opinion from a qualified healthcare provider.
Common mistakes Veterans make in this process include failing to provide sufficient evidence of their service in areas where Agent Orange was used, not obtaining a clear medical diagnosis, or not securing a strong medical nexus opinion. Additionally, Veterans may overlook secondary conditions that arise as a result of or are aggravated by their primary Agent Orange-related disability, missing out on potential additional compensation.
Navigating the claims process, whether for presumptive or non-presumptive conditions, can be challenging. An experienced Veterans law attorney can help gather the necessary evidence, develop a strong legal strategy, and advocate on behalf of the Veteran throughout the claims and appeals process. They can also identify potential secondary conditions and ensure that the Veteran receives the maximum benefits they are entitled to under the law.
Veterans who were exposed to Agent Orange during military service and are now suffering from related health conditions deserve the highest quality legal representation in their fight for disability compensation. At Berry Law, our team of attorneys and legal professionals is dedicated to helping Veterans navigate the complex claims process and obtain the benefits they have earned through their service and sacrifice.
What sets Berry Law apart is that many of our attorneys and staff are Veterans. We understand firsthand the challenges that Veterans face when dealing with the VA and the impact that service-related disabilities can have on every aspect of life. This personal experience fuels our passion for advocating on behalf of our fellow Veterans and their families.
Our team has a proven track record of success in handling Agent Orange exposure claims, both for presumptive conditions and for those that require additional evidence and medical nexus opinions. We know how to build strong cases, navigate the appeals process, and fight for the maximum compensation our clients are entitled to under the law. Don’t let the complexity of the claims process or the VA’s bureaucracy stand in the way of obtaining benefits. Together, we can ensure that no Veteran is left behind in their fight for justice and compensation. Berry Law represents Veterans in all 50 states and our legal team is available 24/7. Call us at 888-883-2483 for a confidential consultation or fill out our online contact form.
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