VA Disability Benefits for Agent Orange Exposure

The widespread use of Agent Orange in the 1960s and ‘70s resulted in various severe health conditions in veterans. Veterans exposed to this chemical deserve compensation for their suffering. But the rules about exposure locations and dates and the conditions associated with Agent Orange have changed in recent years. That’s why it’s vital to understand VA disability benefits for Agent Orange exposure.

The U.S. military used Agent Orange to clear foliage that might give the enemy cover, making them more challenging to see and, therefore, more dangerous. And while that danger was real, the peril to U.S. military personnel also was great. 

Agent Orange is linked to a myriad of severe health conditions, which is why veterans need to understand the VA disability benefits for Agent Orange exposure.

What is Agent Orange?

Agent Orange was a defoliant — a chemical used to remove leaves from trees and plants — used by the military in many locations, including on military bases, beginning in the ‘60s. The military widely used Agent Orange during the Vietnam War. Agent Orange was also stored on U.S. soil. Some soldiers were exposed to the chemical in Navy ships and on Air Force planes. Government officials say it’s impossible to know how many people were exposed to Agent Orange, but millions may have been exposed, according to the VA.

The herbicide’s ingredients contained a deadly chemical, dioxin, which is a carcinogen. The World Health Organization classifies Agent Orange as a dangerous chemical. The government knew that dioxin was dangerous but did not think American soldiers would be exposed to it as they dropped it from planes.

Agent Orange exposure can cause many serious physical, psychological, and neurological health issues. It’s linked to skin diseases, miscarriages, birth defects, diabetes, heart disease, cancer, Parkinson’s Disease, neuropathy, and more.

Veterans began fighting for compensation and benefits for health issues resulting from Agent Orange in 1979. The Agent Orange Act signed in 1991 mandates that some diseases associated with exposure to the chemical automatically be treated as related to military service. The act was the catalyst for the VA’s more extensive coverage of conditions caused by the toxic substance today.

VA Agent Orange presumptive list

Doctors have linked Agent Orange exposure to many illnesses. Here is the VA’s presumptive list for Agent Orange illnesses:

• AL amyloidosis
• Bladder cancer
• Chronic B-cell leukemias
• Chloracne (or similar acneform disease)
• Diabetes Mellitus Type 2 
• Hodgkin’s Disease
• Hypertension
• Hypothyroidism
• Ischemic Heart Disease
• Monoclonal gammopathies
• Multiple myeloma 
• Non-Hodgkin’s Lymphoma 
• Parkinson’s Disease and Parkinson’s-like symptoms (Parkinsonism)
• Peripheral Neuropathy, Early-Onset
• Porphyria cutanea tarda
• Prostate Cancer 
• Respiratory Cancers 
• Some soft tissue sarcomas

If you have another health condition you believe is linked to your Agent Orange exposure, you could still be eligible to receive benefits. However, you would need to prove there is a connection between your service and the illness. Qualifying veterans with presumptive conditions who were exposed to Agent Orange do not have to prove this connection.

Qualifying for presumptive Agent Orange benefits

The Agent Orange Act of 1991 mentioned above established a presumptive service connection for veterans who served during certain times, in specific locations, who have any of the conditions listed above. This connection means that veterans who meet these criteria don’t need to show any additional evidence to establish a service connection to their condition.

Veterans who are presumed to have been exposed to Agent Orange are those who served in:

• Vietnam: On land and some vessels between Jan. 9, 1962, and May 7, 1975. This exposure includes those stationed in Blue Water Navy ships.
• C-123 Airplanes: You served in an Air Force unit location where a C-123 aircraft with traces of Agent Orange was assigned, and had repeated contact with this aircraft.
• Korea: In or near the demilitarized zone (DMZ) between Sept. 1, 1967, and Aug. 31, 1971
• Thailand: Any U.S. or Royal Thai military base between Jan. 9, 1962, and June 30, 1976 
• Herbicide Test Sites and Storage: This exposure may have occurred at military bases in the U.S. or other countries, and also includes veterans who transported Agent Orange.
• Laos: Between Dec. 1, 1965 and Sept. 30, 1969
• Cambodia: At Mimot or Krek, Kampong Cham Province between April 16, 1969 and April 30, 1969
• Guam or American Samoa (or in the territorial waters): Between Jan. 9, 1962 and July 31, 1980
• Johnston Atoll (or on a ship that called at Johnston Atoll): Between Jan. 1, 1972, and Sept. 30, 1977
• Reservists also have additional locations and service periods that can qualify them.

Presumptive conditions related to Agent Orange and the criteria for eligibility sometimes change. The list of places where soldiers used the chemical may also continue to grow. These changes are likely to continue as the government better understands the widespread use of Agent Orange and researchers uncover more health-related conditions resulting from it.

In addition to veterans, some children and even surviving spouses of veterans exposed to Agent Orange may also be eligible for benefits.

Because the VA’s policies related to Agent Orange change, it may serve you best to hire a veterans disability attorney to ensure you get the compensation you deserve.

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How to prove exposure to Agent Orange

To prove exposure to Agent Orange, you must have evidence that you served in one of the locations listed above during the specified timeframes, or you must have evidence you were exposed elsewhere. Veterans can find the locations and dates of their service in their military records.

If you develop one of the conditions listed above and can prove you were exposed to Agent Orange, the VA should presume the condition is related to your exposure.

If your medical condition isn’t on the list of presumptive conditions, but you were exposed to Agent Orange, you still can file a claim. In this case, you would need a medical opinion linking your condition to Agent Orange. 

Secondary service connection for Agent Orange conditions

Many secondary service-connected disabilities also are eligible for Agent Orange benefits. For example, a Vietnam veteran exposed to Agent Orange who develops diabetes may later develop neuropathy. Because the diabetes is from your Agent Orange exposure and also causes your neuropathy, the neuropathy should be considered secondary service-connected for VA compensation purposes.

In other words, if you were exposed to Agent Orange, you can likely link your condition to that exposure. 

“The VA may or may not recognize how your condition is related to Agent Orange,” said VA disability lawyer Lori Underwood. “While you may not be afflicted with the presumptive condition on the Agent Orange list, you are presumed to have been exposed to Agent Orange. So if you’re suffering from a condition which you know was caused by your exposure to Agent Orange, but it’s not on the presumptive list, you may still be eligible for service connection because of your exposure to Agent Orange.” 

It’s possible to receive thousands of dollars each month from the VA as a result of the exposure and subsequent conditions. You may even qualify for retroactive payment if the VA put your condition on the presumptive list after you were denied or after you filed. An accredited VA disability lawyer can help you get the benefits you deserve due to your Agent Orange exposure.

Woods and Woods can help

If you were exposed to Agent Orange, you deserve VA disability compensation. Contact Woods and Woods to file an initial claim or appeal a rating decision. You only pay us if we win. 

All of our attorneys are VA accredited. Call us and join the thousands of veterans we have helped to receive the VA disability benefits they deserve.

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(812) 426-7200

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