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. We'd love to hear from you, please enter your comments. Agent Orange exposure does not end with the veteran, but rather Agent Orange exposure may also contribute to birth defects in veterans children. The 2021 NDAA, orNational Defense Authorization Act, passed by Congressadded bladder cancer, Parkinsons-like Symptoms, and Hypothyroidism to the list of presumptive conditions caused by Agent Orange exposure. If, Agent Orange was an herbicide that the United States military used during the Vietnam War. You served on active duty in a regular Air Force unit location where a C-123 aircraft with traces of Agent Orange was assigned, and had repeated contact with this aircraft due to your flight, ground, or medical duties. Veterans Crisis Line: Go to a VA regional office and have a VA employee assist you. The exam is also not required to receive VA benefits. You can view the current Compensation Rate Tables to determine the amount you may receive. Additional amounts are paid to certain Veterans with severe disabilities ("special monthly compensation") and certain Veterans with dependents. Essentially, Congress bypassed VA to add these conditions to the presumptive conditions list and, by statute, determined that there is a link between Agent Orange exposure and bladder cancer, Parkinsons-like symptoms, and hypothyroidism. When you visit web sites, they may store or retrieve data in your web browser. This "presumptive policy" simplifies the process for receiving compensation for these diseases since VA foregoes the normal requirements of proving that an illness began during or was worsened by your military service. Agent Blue (Purple) 32.8 to 45 . Without these cookies, services you have asked for cannot be provided. These cookies do not store any personal information. If service connection is granted, the VA must apply the special effective date rules that were also part of the 1991 Nehmer court orders and stipulation and grant dependency and indemnity compensation. Essentially, this means that if you are diagnosed with one of these conditionsandcan indicate that you were exposed to Agent Orange during your service, VA will presume that your condition is service connected. Florida State University College of Law, J.D. Herbicides were also used by the U.S. military to defoliate military facilities in the U.S. and in other countries as far back as the 1950s. How Did the PACT Act Change Eligibility for Benefits Based on Agent Orange, What Is the Average Compensation for Agent Orange, How to Get Benefits Related to Agent Orange, Assumption Of Risk In Personal Injury Claims, Monoclonal gammopathy of undetermined significance (MGUS), Respiratory Cancers, including Lung Cancer, Soft Tissue Sarcomas (except osteosarcoma, chondrosarcoma, Kaposis sarcoma, or mesothelioma on our list of presumptive conditions). The VA bases eligibility forVA disability compensation benefits, in part, on whether you served in a location that exposed you to Agent Orange. By continuing to use our website, you agree to these updates. While we still have our home base in Florida, Used Outside of Vietnam. Information provided on Forbes Advisor is for educational purposes only. 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. $612.40 (Veteran with 1 Parent and 1 Child) + $29.35 (additional child 1) + $29.35 (additional child 2). There are also benefits available to the children of Vietnam War veterans, so it pays to be aware of this program and use it to your familys advantage. The 1,126 sq. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. For years, the VA denied their disability compensation claims and denied any . You must provide your name, e-mail address, telephone and/or fax number, and VA file number/Social Security Number. Our firm was founded in 1986 in Orlando, Florida. Contact the attorneys at Chisholm Chisholm & Kilpatrick LTD for a free consultation. Our attorneys are ready to start building your case. (iv) The class member's estate. Are you sure you want to rest your choices? 3518, the Victims of Agent Orange Relief Act of 2021, in the House of Representatives. To find an accredited VSO near you, go to Get Help Filing Your Claim Or Appeal | Veterans Affairs (va.gov). The higher your disability rating, the more money you receive in benefits each month. Korea DMZ Veterans . So, if you have one of the medical conditions mentioned above that are linked to the chemical, you should be entitled to VA disability benefits. It also added additional locations to the list of places where soldiers were presumed to be exposed. Veterans interested in applying for disability compensation under one of the three new Agent Orange presumptives should click here or call (800) 827-1000. Even if you did not serve in Vietnam or the Korean demilitarized zone during the specified time periods, you can still apply for disability compensation if you were exposed to an herbicide while in the military and believe it led to the onset of a disease. However, if you have dependents, this amount will be even higher. The Settlement Fund closed in 1997. . 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. Performance information may have changed since the time of publication. Currently, the list of health conditions associated with Agent Orange exposure includes the following: AL AmyloidosisBladder CancerChronic B-cell LeukemiasChloracneDiabetes Mellitus Type 2Hodgkin's diseaseHypertensionHypothyroidismIschemic Heart DiseaseMonoclonal Gammopathy of Undetermined SignificanceMultiple MyelomaNon-Hodgkin's LymphomaParkinson's DiseaseParkinson's-like SymptomsPeripheral NeuropathyPorphyria Cutanea TardaProstate CancerRespiratory CancerSoft Tissue Sarcomas. 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. 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. Something went wrong. Those conditions are . The U.S. Department of Veterans Affairs (VA) recently announced they will put into effect legislation to provide health care and benefits for veterans who served in the military in Southwest Asia with Parkinsonism related to Agent Orange exposure. You might be using an unsupported or outdated browser. This is because VA also recognizes non-Hodgkin's lymphoma as related to service in Vietnam or the waters offshore of Vietnam during the Vietnam Era. We will do our best to respond within a reasonable amount of time (usually 3 to 10 workdays). The amount represents gallons within eight (8) kilometers of the area. 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 . With this, Congress has demonstrated that it has the power to use the NDAA to add conditions to the presumptive list. At that time, VA requires you undergo another evaluation to determine the current status of your diagnosis. San Jose, CA: 2880 Zanker Road, Ste. What is the average compensation for Agent Orange? He . The defoliant, sprayed from low-flying aircraft, consisted of approximately equal amounts of the unpurified butyl esters . Thus, each area is 9.6 miles in diameter. These cookies are necessary for the website to function and cannot be switched off in our systems. Non-Hodgkins lymphoma and soft-tissue sarcoma (1991). exposure to herbicides in a location other than the Vietnam or the Korean demilitarized zone. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Agent Orange VA Compensation. You will now be able to tab or arrow up or down through the submenu options to access/activate the submenu links. While Agent Orange was widely used during the Vietnam War era, VA requires veterans to have served in specific locations at specific time periods to be eligible for presumptive service connection. After the war, many of the troops who were exposed to the chemical started to suffer from similar health issues. visit VeteransCrisisLine.net for more resources. Attention A T users. The Road to VA Compensation Benefitswill help break down the claims process from start to finish. These disabilities are called "service-related" or "service-connected." For the purposes of disability compensation, VA presumes that Veterans were exposed to Agent Orange or other herbicides if they served: In Vietnam anytime between January 9, 1962 . An estimated 2.4 million U.S. service members were exposed to some level of Agent Orange in Vietnam between 1962 and 1971. Between 1989 and 1996 it distributed, through a series of Requests for Proposal, $74 million to 83 social services organizations throughout the United States. Do You Qualify for Long Term Disability Benefits? Cambodia at Mimot or Krek, Kampong Cham Province from April 16, 1969, through April 30, 1969. 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. Bladder Cancer: Cancer that affects the bladder, where urine is stored. 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. Click the link below to learn more. This means veterans dont have to prove a connection between Agent Orange exposure and their illnesses to file for and get approved for benefits. University of Denver, B.A. Your dependents and survivors also may be . Guam or American Samoa or in the territorial waters off Guam or American Samoa from January 9, 1962, through July 31, 1980, Johnston Atoll or on a ship that called at Johnston Atoll from January 1, 1972, through September 30, 1977. Urinary Incontinence. There is a host of medical conditions that are typically associated with Agent Orange. If you can prove you were exposed to Agent Orange during service and have an associated medical condition, VA must grant service connection. Compensation benefits. Attention A T users. Contacting us does not create an attorney-client relationship. In order for VA to grant secondary service connection, veterans must demonstrate the following: Examples of common secondary conditions related to Agent Orange exposure, including peripheral neuropathy as secondary to diabetes mellitus type II and depression as secondary to cancer. This article highlights the eligibility criteria and important information for filing a claim for benefits. Children who were exposed may beeligiblefor benefits. VA Secretary Denis McDonough speaks with VA medical center employees in Washington, D.C. (photo via VA.gov) For tens of thousands of Vietnam veterans entitled to long-sought benefits connected to toxic exposure, recent statements . You will now be able to tab or arrow up or down through the submenu options to access/activate the submenu links. Exception: Blue Water Veterans with non-Hodgkin's lymphoma may be granted service-connection without showing inland waterway service or that they set foot in Vietnam. "Agent Orange" refers to a blend of tactical herbicides the U.S. military sprayed in the jungles of Vietnam and around the Korean demilitarized zone to remove trees and dense tropical foliage that provided enemy cover. She was a Notes and Comments Editor of the Florida State University Law Review and was awarded the Distinguished Pro Bono Service Award for exceeding pro bono graduation requirements. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Who Is Eligible for Benefits Based on Agent Orange? visit VeteransCrisisLine.net for more resources. For more information on how to apply and for tips on making sure your claim is ready to be processed by VA, visit our How to Apply page. Thepurposeis to alert Veterans to possible long-term health problems that may be related to Agent Orange exposure during their military service..
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