The Vietnam War era left an indelible mark on American history and the lives of countless Veterans. Discussions about compensation often focus on those who served directly in Vietnam. However, many Veterans who supported the war effort from other locations should be included in the conversation about U.S. Department of Veterans Affairs (VA) disability benefits.
Recent updates to the PACT Act have shed light on the experiences of Veterans who served in Guam and American Samoa during this period, potentially opening new avenues for VA disability compensation for a presumptive condition for toxic exposure. At Berry Law, many of our attorneys and legal staff are Veterans. They understand the evolving landscape of VA disability benefits for Vietnam-era Veterans.
Filing for VA disability benefits can be influenced by recent legislation, changing criteria for presumptive service connections, and the specific circumstances of a Veteran’s military service. An experienced Massachusetts VA disability benefits attorney who understands the challenges and demands of military service is a valuable advocate in the fight for earned service compensation.
The VA classifies Vietnam Veterans based on their service location and dates. Generally, the Vietnam era is defined as the period between February 28, 1961, and May 7, 1975, for Veterans who served in the Republic of Vietnam. For Veterans who served outside of Vietnam, the period is from August 5, 1964, to May 7, 1975.
However, the classification of Vietnam Veterans has been a subject of ongoing debate and legislative action, particularly concerning those who served in locations outside of Vietnam itself. This includes Veterans who served in Guam and American Samoa during the war.
Guam and American Samoa played crucial roles during the Vietnam War, serving as strategic locations for U.S. military operations. Guam, in particular, was a major hub for Air Force and Navy operations, with B-52 bombers flying missions from Andersen Air Force Base. American Samoa, while farther from the conflict, also supported the war effort through various military activities.
Despite their contributions, Veterans who served in these locations have historically faced challenges in obtaining VA disability benefits related to their service during the Vietnam era. This is partly because they were not physically present in Vietnam, and thus not automatically presumed to have been exposed to certain hazards, such as Agent Orange.
In recent years, there has been growing recognition of the potential health impacts on Veterans who served in Guam and American Samoa during the Vietnam War. This recognition has led to significant legislative changes that may affect eligibility for VA disability benefits, particularly for a presumptive condition for toxic exposure.
The most notable piece of legislation is the Honoring our PACT Act of 2022. This comprehensive law, signed by President Biden on August 10, 2022, expands VA health care and benefits for Veterans exposed to burn pits, Agent Orange, and other toxic substances. While the Act is broad in scope, it includes specific provisions that may benefit Veterans who served in Guam and American Samoa.
Key provisions of the PACT Act relating to Guam and American Samoa Veterans include:
These changes represent a significant shift in how the VA approaches disability claims from Veterans who served in Guam and American Samoa during the Vietnam era. Veterans who were previously ineligible for certain benefits may now qualify, and those who had claims denied in the past may be able to reapply.
A presumptive service connection is a way for Veterans to establish a link between their military service and certain medical conditions without having to provide direct evidence of causation. The VA presumes that certain disabilities were caused by military service due to the unique circumstances of that service.
For Vietnam-era Veterans who served in Guam or American Samoa, the PACT Act has expanded the list of presumptive conditions related to Agent Orange exposure. These now include:
It’s important to note that while these toxic conditions are now presumptively service-connected for Veterans who served in Guam or American Samoa during the specified time periods, Veterans must still meet other eligibility criteria and file a claim to receive benefits.
For Veterans who served in Guam or American Samoa during the Vietnam era and are considering filing for VA disability benefits, understanding the claims process is important. An experienced VA disability benefits lawyer can help Veterans through the process. Here’s an overview of the steps involved:
For Veterans who have previously been denied benefits, the passage of the PACT Act may provide grounds for reopening a claim. In these cases, it’s often beneficial to seek assistance from an experienced attorney who focuses on VA disability law.
When a Veteran’s claim for disability benefits is approved, the VA assigns a disability rating. This rating, expressed as a percentage, reflects the severity of the Veteran’s service-connected condition(s) and determines the level of compensation they receive.
The VA uses a combined ratings table to calculate the overall disability rating for Veterans with multiple service-connected conditions. Ratings range from 0% to 100%, with higher ratings resulting in greater monthly compensation.
It’s important to understand that even a 0% rating can be beneficial, as it establishes service connection and may make the Veteran eligible for other VA benefits. Additionally, ratings can be increased if a condition worsens over time.
While the recent legislative changes have opened up new possibilities for Veterans who served in Guam and American Samoa, there are still challenges to be aware of:
At Berry Law, many of our attorneys are Veterans themselves. This firsthand experience with military service provides a unique understanding of the challenges faced by Veterans seeking disability benefits. Our Veteran attorneys have walked in the shoes of our clients, navigating the complexities of military life and the transition to civilian life.
This perspective allows us to approach each case with empathy and insight. We understand the sacrifices made by Veterans who served in locations like Guam and American Samoa during the Vietnam era. We recognize the frustration that many have felt in trying to obtain the benefits they deserve, especially when their service outside of Vietnam proper has been overlooked or undervalued.
Our team’s military background also gives us an edge in interpreting military records, understanding the nuances of different service experiences, and effectively communicating with the VA on behalf of our clients. This combination of legal knowledge and military experience allows us to advocate powerfully for Veterans seeking the disability benefits they’ve earned through their service.
The recognition of Guam and American Samoa as locations where Veterans may have been exposed to Agent Orange and other hazards during the Vietnam era represents a significant step forward in honoring the service of all who contributed to the war effort. For many Veterans who have long struggled with health issues potentially related to their service, this change offers new hope for receiving the care and compensation they deserve.
A knowledgeable Veterans attorney can help Veterans who served in Guam or American Samoa during the Vietnam War, or those supporting a Veteran who did, to stay informed about evolving benefits. The passage of the PACT Act and ongoing research into the health effects of military service may open new avenues for disability compensation.
Seeking benefits is not just about financial compensation—it’s about acknowledging the sacrifices made by Veterans and ensuring they receive the care they need. Experienced attorneys focusing on VA disability law can provide valuable guidance throughout the process, helping Veterans file a new claim or reopen a previously denied claim.
Our lawyers work with Veterans in all 50 states and are available 24/7. Call 888-883-2483 or fill out our online contact form for a free confidential consultation.
Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter.
