Without these cookies, services you have asked for cannot be provided. Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged about $3,800 each. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Agent Orange is a mix of herbicides (plant-killing chemicals) and defoliant (a chemical used to remove leaves from plants and trees). Those exposed to Agent Orange (or what the VA terms "other herbicides") as part of their military duty may qualify for: VA Health care benefits. A veteran benefits attorney can help you sort through all the paperwork so that you can get your benefits sooner. If the VA denied a claim many years ago, it may be able to be re-opened. A 2016 study found an association between people with high levels of dioxin in their blood and the development of chronic kidney disease. VA currently presumes that some diseases resulted from exposure to herbicides like Agent Orange. In addition, if the veteran dies before his initial claim is re-decided under Nehmer, the VA still must decide the claim and pay, in priority order, his spouse, children of any age, his parents, or his estate. If you did not serve during these designated times, or if you have a different medical condition that is not included on the list of linked conditions, this does not necessarily mean you will not be eligible for benefits. Urinary Incontinence. To find out more, view our Privacy Policy. 1-888-5-REPVET. Service on the ground or by sea during the Vietnam war between 1962 and 1975, Service in the North Korean Demilitarized Zone (DMZ) between 1967 and 1971. The amount of money the V.A. Our attorneys are ready to start building your case. The VA only covers certain disabilities if the veteran can prove the link between the service and the illness, often referred to as the service connection.. Description TCDD (Dioxin) Amounts. The active ingredient, dioxin, proved to be dangerous and the substance was banned. To help support our reporting work, and to continue our ability to provide this content for free to our readers, we receive compensation from the companies that advertise on the Forbes Advisor site. This allows you to submit claims that are decision-ready so you can get your claim processed as fast as possible. We have updated our Privacy Policy. that the Veteran served in Vietnam as a member of the Armed Forces between 1962 and 1972 (the period during which Agent Orange was used in Vietnam); that the applicant was either a totally-disabled Vietnam Veteran or the survivor of a deceased Vietnam Veteran; that based upon the circumstances of the Veteran's service (including location of service and particular experiences during service), the Veteran met a test of probable exposure to herbicides; that death or disability was not caused by a traumatic or accidental occurrence; and. The new decision addressed that 2002 policy change and decided that Agent Orange presumptive condition back pay should indeed be extended to Blue Water Navy veterans. Education: The other part of the Settlement Fund, the Class Assistance Program, was intended by the distribution plan to function as a foundation. There is hereby established on the books of the Treasury a fund to be known as the Agent Orange Illness Compensation Fund (in this Act referred to as the compensation fund). These benefits are tax-free. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Presumptive Conditions Related to Agent Orange. Berry Law Firm works with veterans nationwide who do not receive proper Agent Orange-related disability benefits. Your dependents and survivors also may be eligible for benefits. Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged . Because this Act made it easier to qualify, those who may not have been successful in getting compensation in the past should talk with an experienced attorney to find out what is the average compensation for Agent Orange in 2022 and whether they might be eligible for benefits. Click the link below to learn more. Occasionally there can be some exceptions to this rule. If your military records show you served in a qualifying location during the Vietnam era, VA will grant service connection on a presumptive basis. Efforts in Congress last year to add hypertension to a list of diseases linked to Agent Orange at the Department of Veterans Affairs failed, keeping Vietnam-era veterans from accessing care for high blood pressure connected to the toxic exposure. The controversy centers around both the use of herbicides in Vietnam and the purported health problems associated with exposure to herbicides, primarily Agent Orange and its contaminant 2,3,7,8-TCDD (2,3,7,8-tetrachlorodibenzo-p-dioxin), known . Call today at 800-544-9144. Survivors also may be eligible for Dependency and Indemnity . If your health condition is not on the list or you did not serve in a qualifying location, we will have to do some research to establish a link, but our attorneys are qualified to do so. Service requirements for presumption of Agent Orange exposure. Do You Qualify for Long Term Disability Benefits? Contact the attorneys at Chisholm Chisholm & Kilpatrick LTD for a free consultation. Some reports indicate the U.S. military was aware Agent Orange could be harmful but did not take precautions to limit exposure. Our office is located at 6940 O St, Suite . 3.816) that apply to some veterans as a result of the Nehmer v. u.s. department of veterans affairs class-action lawsuit filed in the northern district of California (n.d. cal . 275 S Worthington St #113, Spring Valley, CA 91977. This storage is often necessary for basic functionality of the web site or the storage may be used for the purposes of marketing, analytics, and personalization of the web site such as storing your preferences. that death or disability occurred before December 31, 1994. All information these cookies collect is aggregated and therefore anonymous. Veterans exposed to Agent Orange in Vietnam have put up a long hard fight trying to get the VA disability benefits they deserve. 3. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. To get the best possible experience please use the latest version of Chrome, Firefox, Safari, or Microsoft Edge to view this website. VA and federal law presumes that certain diseases are a result of exposure to these herbicides. The Agent Orange Act of 1991 comes with a presumption of service connection for all veterans who were exposed to Agent Orange and suffered from the medical conditions listed above. Agent Orange exposure does not end with the veteran, but rather Agent Orange exposure may also contribute to birth defects in veterans children. This means VA presumes they are related to a Veterans service in Vietnam. These are the 2021 pay rates and increases since 2020. That Fund, created as a result of a private class action lawsuit settlement, involved neither VA nor any other executive branch agency of the Federal government. Even if many decades passed between your exposure in military service and medical diagnosis of an associated condition, it is not too late to file a claim. During the Vietnam War, the U.S. military used a variety of herbicides to clear forests in Vietnam, including the dreaded Agent Orange. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. These conditions, or diseases, are classified aspresumptive. 2023 Forbes Media LLC. The right combination of evidence, medical and service records, lay testimony, and legal argument could win your case. Agent Orange exposure has been linked to a slew of medical conditions, including Parkinsons disease, cancer, and diabetes. For example, if you served in Vietnam between January 9, 1962 and May 7,1975 or on a ship in inland waters or within 12 miles of Vietnamese or Cambodian demarcation lines, you are presumed to have been exposed to Agent Orange. Research has demonstrated that it can remain toxic in the soil for decades. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 In these cases, VA requires all of the following: Monthly payment rates are based on the Veteran's combined rating for his or her service-connected disabilities. The United States has been involved for more than two decades in a controversy over the military use of herbicides in Vietnam during the Vietnam era. Some of the conditions it has been linked to include: If you had known exposure to Agent Orange and have any of these medical issues, you may be presumed to have developed the condition as a direct result of your military service. Veterans who were exposed to Agent Orange or other herbicides during military service may be eligible for a variety of VA benefits, including disability compensation for diseases associated with exposure. This includes the following conditions: In order to qualify for benefits, the following conditions must become noticeable to a degree of 10 percent or more within one year of the last date of exposure to Agent Orange: There is no time limit for all other listed diseases. Please switch auto forms mode to off. You served in or near the Korean DMZ for any length of time between September 1, 1967, and August 31, 1971. By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. Please switch auto forms mode to off. have hearing loss, Chloracne or other acneform disease consistent with chloracne, Respiratory cancers (lung, bronchus, larynx, or trachea), Acute and subacute peripheral neuropathy, now classified as early-onset peripheral neuropathy. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide. Most of us know about the "automatic" 100% service-connected Agent Orange disability compensation for vets who have a dozen or so assorted medical conditions (such as ALS and prostate cancer). Under the special Nehmer effective date rules, it does not matter, thanks to the Nehmer class members, when the VA adds a disease to the presumptive list. VA uses a disability rating system to assign benefits. You can also call the Agent Orange Help Line at 1-800-749-8387 or send an e-mail to GW/AOHelpline@vba.va.gov. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 VA presumes that Veterans were exposed to Agent Orange or other herbicides if they served: If you fall into either category listed above, you do not have to show that you were exposed to Agent Orange to be eligible for disability compensation for diseases VA presumes are associated with it. Agent Orange is a chemical herbicide and defoliant, one of the "tactical use" Rainbow Herbicides.It was used by the U.S. military as part of its herbicidal warfare program, Operation Ranch Hand, during the Vietnam War from 1961 to 1971. What matters in this situation is that the diagnosis was part of the veterans C-File from 1998 onward. Anyone exposed to Agent Orange is prone to developing serious health conditions. She shares her analysis in reader-friendly articles. During the past decade, the Department of Veterans Affairs has received many inquiries regarding the Agent Orange Settlement Fund. VA frequently gets backlogged with claims and appeals. Agent Orange exposure is presumed if a Veteran was in Vietnam from January 9, 1962 until May 7, 1975. Thus, each area is 9.6 miles in diameter. Agent Orange was a tactical herbicide the U.S. military used to clear leaves and vegetation for military operations mainly during the Vietnam War. Birth defects and conditions such as spina bifida, cleft lip, congenital heart disease, hip dysplasia, Hallerman-Streiff syndrome, neural tube defects, Poland syndrome, and others may also be caused by Agent Orange exposure in children. To calculate additional compensation, use the respective "additional" rows at the end of each table.