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Agent Orange Exposure and Lymphoma

Hodgkin’s lymphoma has been linked to Agent Orange exposure. Agent Orange is an herbicide used during the Vietnam War. Lymphoma is also known as Hodgkin’s disease. It is a type of cancer that affects the lymphatic system, which is part of the body’s immune system. The disease is characterized by the uncontrolled and rapid reproduction of abnormal cells in the lymphatic system, potentially spreading to other parts of the body.

Veterans who have developed lymphoma as a result of Agent Orange exposure during their military service are eligible for Department of Veterans Affairs (VA) disability benefits. Ohio VA Disability Attorneys can provide the specialized legal assistance needed to secure these benefits.

 

Presumptive Service Connection for Hodgkin’s Lymphoma and Agent Orange

Research has established a connection between exposure to Agent Orange and the development of Hodgkin’s lymphoma in Vietnam Veterans. The chemicals found in Agent Orange have been shown to increase the risk of contracting Hodgkin’s lymphoma later in life. As a result, the VA has recognized this link and offers presumptive service connection for Veterans diagnosed with the disease. 

Presumptive service connection is a law that simplifies the process of obtaining disability benefits for certain conditions. In the case of Hodgkin’s lymphoma, if a Veteran can prove they served in an area where Agent Orange was used and has a current medical diagnosis of the disease, the VA presumes a connection between the two. The VA presumes Agent Orange exposure if the veteran served: 

  • In the Republic of Vietnam between January 9, 1962, and May 7, 1975;
  • Aboard a U.S. military vessel that operated in the inland waterways of Vietnam Between January 9, 1962, and May 7, 1975; 
  • On a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia between January 9, 1962, and May 7, 1975; 
  • On any U.S. or Royal Thai military base in Thailand from January 9, 1962, through June 30, 1976;
  • In Laos from December 1, 1965, through September 30, 1969; 
  • In Cambodia at Mimot or Krek, Kampong Cham Province from April 16, 1969, through April 30, 1969;
  • In Guam or American Samoa or in the territorial waters off Guam or American Samoa from January 9, 1962, through July 31, 1980;  
  • In Johnston Atoll or on a ship that called at Johnston Atoll from January 1, 1972, through September 30, 1977; or
  • In or near the Korean DMZ for any length of time between September 1, 1967, and August 31, 1971.

Veterans can also be entitled to the presumption if they can show they were on active duty in a regular Air Force unit location where C-123 aircraft with traces of AO were assigned, and had repeated contact with the aircraft during flight, ground, or medical duty; or if they can show they were involved with transporting, testing, storing, or other uses of AO during service. 

If a Veterans qualify for the presumption, the Veterans do not need to provide evidence that Agent Orange directly caused their cancer, as the VA assumes a causal relationship.

Extension of Presumptive Service Connection to More Vietnam Veterans

The Blue Water Navy Vietnam Veterans Act of 2019 extended the presumption of herbicide exposure to Veterans who served in the offshore waters of the Republic of Vietnam between January 9, 1962, and May 7, 1975. The act was signed into law on June 25, 2019, and took effect on January 1, 2020. 

The Blue Water Navy Vietnam Veterans Act of 2019 covers Veterans even if they did not set foot on Vietnamese soil. It has had a significant impact on the lives of many Veterans who were previously denied benefits due to the VA’s previous interpretation of the “boots on the ground” policy. 

The act has made it easier for these Veterans to receive the disability compensation and healthcare benefits they deserve for their service-connected conditions, including lymphoma and other cancers associated with Agent Orange exposure. It also extended benefits to survivors of Veterans who passed away due to conditions related to Agent Orange exposure.

Causes and Development of Hodgkin’s Lymphoma

While there is no single clear cause of Hodgkin’s lymphoma, exposure to dangerous chemicals like Agent Orange has been identified as a risk factor. The disease begins when a lymphocyte, a type of infection-fighting cell, undergoes a mutation. 

This mutation allows the cell to rapidly reproduce other mutated cells, eventually overcrowding the lymphatic system with cells that cannot perform their intended function. As the cancer progresses, a person will begin to exhibit symptoms of Hodgkin’s lymphoma.

Symptoms of Hodgkin’s Lymphoma

Early signs of Hodgkin’s lymphoma may include:

  • Painless swelling of lymph nodes in the neck, armpits, or groin
  • Persistent fatigue
  • Fever
  • Night sweats
  • Unexplained weight loss
  • Itchy skin
  • Increased sensitivity to alcohol or pain in lymph nodes after consuming alcohol

Veterans with lymphomas, such as Hodgkin’s lymphoma or non-Hodgkin’s lymphoma, resulting from Agent Orange exposure during their military service may be eligible for various forms of compensation from the VA. The VA disability rating system plays a crucial role in determining the level of compensation a Veteran receives for their service-connected condition.

VA Disability Ratings System

The VA assigns disability ratings to service-connected conditions based on the severity of the disability. Ratings are expressed as percentages, ranging from 0% to 100%, in 10% increments. A higher percentage indicates a more severe disability and, consequently, a higher level of compensation. 

For lymphomas, the VA assigns a 100% disability rating during active cancer treatment, such as chemotherapy, radiation therapy, or other therapeutic procedures. This 100% rating continues for six months following the completion of treatment. After six months, the VA will schedule a follow-up examination to reassess the Veteran’s condition and assign an appropriate disability rating based on any residual symptoms or impairments.

  • Monthly Disability Compensation: Veterans with service-connected lymphomas are entitled to monthly disability compensation based on their assigned disability rating. The amount may be higher if the Veteran has dependents or additional service-connected disabilities.
  • Healthcare Benefits: Veterans with service-connected conditions, including Agent Orange-related lymphomas, are eligible for VA healthcare benefits. This includes access to medical treatment, prescription medications, and other necessary care related to their condition.
  • Special Monthly Compensation (SMC): In some cases, Veterans with severe disabilities or specific impairments may qualify for SMC, which provides additional compensation above the regular disability rating. For example, a Veteran with a 100% disability rating for lymphoma who is housebound or requires aid and attendance may be eligible for SMC.
  • Dependents’ Educational Assistance (DEA): Children and spouses of Veterans with a total and permanent service-connected disability, such as advanced-stage lymphoma, may be eligible for DEA benefits. This program provides education and training opportunities to help dependents pursue their career goals.

How a Veterans Disability Lawyer Can Help

Navigating the VA disability claims process can be complex and time-consuming. A skilled Veterans disability lawyer can assist Veterans in filing initial claims, appealing denied claims, and gathering the necessary evidence to support their case. These attorneys understand VA regulations and can help ensure that Veterans receive the benefits they deserve for their service-connected conditions, such as Hodgkin’s lymphoma caused by Agent Orange exposure. 

Particularly if a Veteran has been denied disability benefits for Hodgkin’s lymphoma, or if they feel their VA disability rating is too low, they should talk to a qualified Veterans disability lawyer as soon as possible. A VA disability lawyer experienced in handling Agent Orange cases can help Veterans navigate the claims process and fight for the compensation they deserve.

Contact a Berry Law Veterans Disability Benefits Attorney for an Agent Orange Lymphoma Claim

Veterans with lymphomas caused by Agent Orange exposure during their military service may be eligible for significant compensation from the VA, including monthly disability payments, healthcare benefits, and additional support for their dependents. An experienced Agent Orange benefits lawyer is a valuable advocate to help navigate the claims process.

Many of the lawyers and staff at Berry Law are also Veterans, including Vietnam Veterans. They understand the particular challenges of bringing a VA disability benefits claim for Agent Orange exposure. Veterans can rely on this legal team to work closely with them, providing support and guidance to secure the justice and compensation they deserve. Berry Law offers a free consultation and case evaluation. The law firm represents Veterans in all 50 states and its legal team is available 24/7. Call 888-883-2483 or fill out our online contact form and get started today.

Berry Law

The attorneys at Berry Law are dedicated to helping injured Veterans. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals.

This material is for informational purposes only. It does not create an attorney-client relationship between the Firm and the reader, and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the contents of this blog are not a substitute for legal counsel.

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