Agent Orange, the notorious herbicide used by the U.S. military during the Vietnam War, has left a lasting impact on the lives of countless Veterans. The toxic dioxin compound found in Agent Orange has been linked to various health conditions, including several types of cancer.
Over the years, the Department of Veterans Affairs (VA) has acknowledged the connection between Agent Orange exposure and certain health issues, establishing a list of presumptive conditions. However, the journey to secure disability benefits for Agent Orange-related illnesses has been fraught with challenges, lawsuits, and cover-ups.
Agent Orange is a herbicide and defoliant that was used by the U.S. military during the Vietnam War from 1961 to 1971. It was a mixture of two herbicides, 2,4-D and 2,4,5-T, which contained the highly toxic dioxin compound known as TCDD. The herbicide was sprayed extensively over Vietnam, Laos, and Cambodia to defoliate forests and destroy crops, to deny enemy forces cover and food.
Exposure to Agent Orange has been linked to a wide range of health issues in Veterans, including various types of cancer, diabetes, heart disease, and birth defects in their children.
A presumptive condition, in the context of Veterans’ disability claims, refers to a health condition that the VA presumes to be related to a Veteran’s military service, even without direct evidence of a connection. When a condition is designated as presumptive, it means that the VA acknowledges a link between the condition and a specific aspect of military service, such as exposure to Agent Orange.
If a Veteran has a presumptive condition and meets the service requirements, they may be eligible for disability benefits without having to provide further evidence that their condition is service-connected.
The Agent Orange Act of 1991 was a significant milestone in the fight for recognition and compensation. This legislation mandated the VA to presume that all Veterans who served in Vietnam from 1962 to 1975 were exposed to the herbicide, eliminating the need for individual Veterans to prove direct exposure. The presumption of service connection is supposed to streamline the claims process and ensure that affected Veterans receive the benefits they deserve.
Despite this progress, the road to justice has been far from smooth. In 1984, seven chemical companies responsible for producing Agent Orange settled a class-action lawsuit out of court for $180 million, just hours before jury selection was set to begin. However, the settlement payments offered to disabled Veterans were meager, often amounting to $12,000 or less. Accepting these payments would have rendered many Veterans ineligible for state benefits that provided far more substantial support.
Dr. Alvin Young is one of the key figures in the ongoing battle surrounding Agent Orange. As the government’s go-to consultant, Young defended the herbicide against scientific evidence suggesting links to cancer and other health issues. He has been involved in testing Agent Orange for the Air Force during the Vietnam War, developing plans for its destruction at sea, and even a plot to melt down a fleet of C-123 aircraft used to spray the herbicide across Vietnam.
Young’s dismissive attitude toward Veterans seeking disability claims, labeling some as “freeloaders” in a 2011 email, highlights the uphill battle faced by those affected.
Recent updates to the VA’s list of presumptive conditions have brought renewed hope to Veterans. The PACT Act, enacted in August 2022, introduced two new Agent Orange presumptive conditions: high blood pressure (hypertension) and monoclonal gammopathy of undetermined significance (MGUS). This addition acknowledges the growing body of medical literature supporting the link between Agent Orange exposure and these conditions.
Furthermore, the PACT Act expanded the geographical scope of presumptive locations, recognizing the widespread use of Agent Orange beyond the borders of Vietnam. Veterans who served in Guam or American Samoa, or their territorial waters, between January 9, 1962, and July 30, 1980, are now included under the presumption of exposure. This development is a significant step forward in acknowledging the far-reaching impact of Agent Orange.
It is important to note that even if a Veteran’s previous claim for an Agent Orange-related condition was denied, the recent legislative changes warrant the submission of a new claim. The evolving landscape of presumptive conditions and locations has opened new avenues for Veterans to secure benefits.
Another area of ongoing discussion is the extension of benefits to Blue Water Navy Veterans who served offshore during the Vietnam War. While the Blue Water Navy Vietnam Veterans Act of 2019 extended the presumption of herbicide exposure to Veterans who served in the offshore waters of Vietnam, the fight for retroactive benefits continues.
In February 2024, a federal judge ruled that the VA must honor the terms of a 1991 settlement consent decree and pay retroactive benefits to thousands of Blue Water Navy Veterans. This landmark decision offers hope for those who have long awaited recognition and compensation.
As of now, the VA presumes that certain conditions are related to Agent Orange exposure, eliminating the need for Veterans to prove a direct connection. These presumptive conditions include:
In 2021, the VA added bladder cancer, hypothyroidism, and Parkinsonism to the presumptive condition list. If a Veteran’s claim was denied for any of these conditions in the past, the VA will automatically review their case again.
Veterans diagnosed with any of these conditions who meet the service requirements in Vietnam, Korea’s DMZ, or the newly added locations of Guam and American Samoa during the specified periods may be eligible for disability benefits.
The Department of Veterans Affairs (VA) determines which conditions are presumptively connected to Agent Orange exposure based on a scientific review by the Health and Medicine Division (HMD) of the National Academy of Sciences, Engineering, and Medicine. The HMD, formerly known as the Institute of Medicine, is a non-governmental organization contracted by the VA to evaluate the long-term health effects of Agent Orange and other herbicides on Vietnam Veterans.
Based on their findings, the HMD provides recommendations to the VA regarding which conditions should be considered presumptively connected to Agent Orange exposure. The VA then reviews these recommendations and makes final decisions on updating the list of presumptive conditions.
If a Veteran has an illness that they believe is related to Agent Orange exposure but is not currently on the VA’s list of presumptive conditions, they may still be able to establish service connection and receive disability benefits. In such cases, the Veteran will need to provide evidence that supports a link between their specific condition and Agent Orange exposure.
This may include medical records, scientific studies, expert opinions, and lay statements from the Veteran and other witnesses. The Veteran may also benefit from the assistance of an experienced attorney who focuses on Veterans’ disability claims.
An attorney with experience handling Agent Orange disability claims can help Veterans navigate the complex claims process, ensure all necessary documentation is submitted, and advocate on their behalf in dealings with the VA. They can also help Veterans understand their rights, explore all available options, and make informed decisions about their claims.
In cases where a claim is denied, a lawyer can assist with the appeals process, representing the Veteran at hearings and arguing their case before the Board of Veterans’ Appeals or the Court of Appeals for Veterans Claims. By working with a knowledgeable attorney, Veterans can increase their chances of securing the disability benefits they deserve for their Agent Orange-related conditions.
Berry Law provides comprehensive legal support for Veterans navigating the complexities of Agent Orange disability claims. The dedicated team of attorneys, many of whom are Veterans themselves, possesses the experience and commitment necessary to guide Veterans through the complex claims process. The firm understands the unique challenges faced by Veterans affected by Agent Orange exposure and is passionate about ensuring they receive the compensation they deserve.
Whether filing a new claim or appealing a previous denial, the skilled attorneys at Berry Law work to build strong cases on behalf of their clients. With nationwide reach, Berry Law is ready to serve Veterans across the country. An experienced Veterans disability benefits attorney is a steadfast ally in the fight for the benefits Veterans have earned. Call our legal team at 888-883-2483 or fill out our online contact form. We represent Veterans in all 50 states and our legal team is available 24/7.
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