Vietnam Veterans were exposed to several toxins during their service. One of the most prevalent toxins, Agent Orange, was sprayed across 10% of the surface area of South Vietnam, where many Veterans were stationed.
This article will explain how Agent Orange exposure created long-term health effects in Vietnam Veterans, including its link to COPD. Berry Law wants to equip you with the information you need to get the benefits you’ve earned.
COPD is a respiratory condition affecting many Veterans from all armed services branches. Formally known as Chronic Obstructive Pulmonary Disease, COPD develops slowly over several years and may be difficult to detect initially. As such, it can be a condition for which it is very difficult to establish connection to a Veteran’s service.
The symptoms of COPD develop gradually but are generally similar across cases. People at risk for or who have developed COPD commonly experience shortness of breath after physical exertion. This can be a short climb up a flight of steps or simply walking around the grocery store and placing items in your cart.
Long-term use of smokable tobacco products most commonly causes COPD, an activity widespread among service members; however, smoking is not the only way COPD may develop.
Any long-term exposure to airborne pollutants or smoke inhalation can trigger the onset of COPD. Many lung and respiratory infections and diseases, including pneumonia, may also cause COPD.
Suppose you or a loved one is experiencing shortness of breath due to mild physical activity. In that case, the early stages of COPD may be the cause, and you can consider seeking immediate medical consultation to get a diagnosis and understand your treatment options.
COPD can greatly impact the quality of life of a Veteran, who may be forced to stop or limit any form of physical activity. Because COPD indicates permanent damage to the lungs’ ability to extract sufficient oxygen from its surroundings, there are few treatment options for Veterans diagnosed with COPD.
Unfortunately, there is no known cure for COPD. In many cases, doctors may recommend one or more of the following:
Agent Orange was a chemical defoliant employed throughout Vietnam to remove vegetation thought to provide concealment for enemy troop movements through the dense jungles.
The herbicidal warfare program (codenamed Operation Ranch Hand) saw an estimated 80 million liters of the chemical herbicide sprayed from helicopters, planes, and backpack sprayers over the course of the war.
Because the U.S. government did not understand or formally acknowledge the effects of Agent Orange until after the withdrawal from Vietnam, they used the defoliant throughout the entirety of the war from 1962 to 1971.
Scientists created the herbicide in 1940 (long before the U.S. entered World War II), and people in the States used it as an agricultural defoliant. As the conflict in Vietnam escalated, the government used the U.S. Defense Production Act of 1950 to enlist nine American companies to produce Agent Orange for military use. During this time, the U.S. military exclusively oversaw its usage, storage, and transportation.
Additionally, the U.S. stored and developed Agent Orange for years before its deployment in Vietnam. Some of the largest storage locations of Agent Orange include:
Because the U.S. exclusively used Agent Orange during the conflict in Vietnam, the VA has defined parameters under which some Veteran’s health conditions may be presumed to be connected to exposure to the chemical.
These parameters state that between January 9, 1962, and May 7, 1975, a Veteran served for any length of time in at least one of the following locations:
The PACT Act has recently added several other service areas near Vietnam where Veterans may be presumed to have come in contact with Agent Orange. Veterans previously unable to receive compensation for their exposure claims may now fall under the new presumptive parameters.
These service areas include:
The two active ingredients in Agent Orange were an equal amount of 2,4-dichlorophenoxyacetic acid (2,4-D) and 2,4,5-trichlorophenoxyacetic acid (2,4,5-T). The chemical 2,4,5-T contained trace amounts of 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD).
Although the dioxin TCDD was an unwanted byproduct of the herbicide’s production, it was later found to be a highly toxic carcinogen for humans. TCDD can enter the body through inhalation or contact with the skin, causing long-term cellular mutation and influencing genetic expression.
As a result of these effects, healthcare practitioners associate Agent Orange with the following diseases:
Though the PACT Act was instrumental in ensuring more Veterans received the care and benefits they were entitled to, it did not establish a clear presumptive connection for Veterans who believe their COPD is linked to previous exposure to Agent Orange during their service.
While that makes receiving compensation more challenging, it doesn’t mean all hope is lost! Berry Law’s team of highly qualified lawyers and case managers have decades of combined experience handling unique and challenging appeal cases for Veterans in need whose initial claims have been denied. The process will likely begin by establishing service connection in relation to your condition.
Service connection is the link between an injury or condition you developed during your time in the armed services and a later development of a condition or disease caused by events from your service record.
You’ll likely need two important types of documentation to create that essential causal link: documentation of your time in the military and a formal diagnosis by a qualified medical care provider.
While it is an optional step, a nexus letter can help verify your condition, its severity, and the causal link between the injury or activity you experienced in your service and other current conditions. While the VA has a duty to examine each Veteran with a potential disability related to their service, having a nexus letter may further support your claim.
Because COPD is a condition that can take decades to develop fully, it’s often hard to pinpoint the exact place and time that it was initially triggered. As such, it’s possible that your COPD claim will be denied. In that case, you’ll need to take the following actions:
While it can be difficult to prove a connection between your exposure to Agent Orange and later diagnosis of COPD, it is possible with the right documentation and team of advisors.
Berry Law wants to help Veterans navigate the path to the benefits they are entitled to if their initial claim is denied or their disability rating is too low. Schedule a consultation today!
Sources:
Agent Orange Exposure And VA Disability Compensation | Veterans Affairs
Chronic obstructive pulmonary disease (COPD) – Symptoms | NHS
Veterans’ Diseases Associated with Agent Orange | Public Health
COPD: Symptoms, Diagnosis, and Treatment | CDC
Herbicide Tests and Storage Outside the U.S. | Public Health
Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter.
