Agent Orange was an herbicide used by the U.S. military primarily during the Vietnam War. Perhaps the most complicated issue when it comes to Agent Orange exposure and herbicide exposure-related claims is the special effective date rules (found in 38 C.F.R. As a result of theAgent Orange Act of 1991, VA recognizes certain conditions as being related to Agent Orange exposure. 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. A variety of other types of military service can also make you eligible for compensation. Homes similar to 121 Orange Ave #78 are listed between $75K to $279K at an average of $130 per square foot. When it issued payments, military members received an average of $3,800. Vietnam Veterans may be eligible for disability compensation benefits because of exposure to Agent Orange. Bar Admissions: Below is a brief history. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. 877-222-8387, TDD (Hearing Impaired) Agent Orange has been linked to a number of serious medical issues. It is a mixture of equal parts of two herbicides, 2,4,5-T and 2,4-D.In addition to its damaging environmental effects, traces of dioxin (mainly TCDD, the most . The stipulation and order provided that whenever the VA adds a covered herbicide disease to the presumptive list, the VA must identify all veterans (and their surviving spouse and dependents) who were previously denied service connection for that disease or had claims pending in district court between September 25, 1985 and the publication date of the regulation adding the disease. 3518, the Victims of Agent Orange Relief Act of 2021, in the House of Representatives. 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. After the war, many of the troops who were exposed to the chemical started to suffer from similar health issues. As you can see, these special Nehmer effective date rules are very technical and are something that the u.s. department of veterans affairs gets wrong a lot, so it is always important to double-check the effective date of such a claim to make sure it is correct or you may be missing out on many years of retroactive benefits. By: Kevin Lilley. Instead, you will need to provide proof that Agent Orange exposure while you were in the military was a direct cause of illness or injury. 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. Please switch auto forms mode to off. During the Vietnam War, the U.S. military used a variety of herbicides to clear forests in Vietnam, including the dreaded Agent Orange. Single veterans are eligible for up to $39,984 per year as of 2022, while married veterans or those with dependents are eligible for $42,214 or more. VA uses a disability rating system to assign benefits. During her high school years, she developed a passion for journalism and decided to combine this with her knowledge of the law. $279,000. Medical researchers have linked Agent Orange to ahost of health conditions. Agent Orange was a powerful herbicide used by U.S. military forces during the Vietnam War to eliminate forest cover and crops for North Vietnamese and Viet Cong troops. These are the 2021 pay rates and increases since 2020. If you can prove you were exposed to Agent Orange during service and have an associated medical condition, VA must grant service connection. The exam is based on the veterans recollection of service, not their military service records. Contact the appropriate VA Regional The total amount payable is $1824.71. Importantly, the exam isnota Compensation & Pension (C&P) exam. A Class Assistance Program, which provided funds for social services organizations and networks for the purpose of establishing and maintaining programs for the benefit of the class as a whole. 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. Crystal A. Davis was born into a family of attorneys and was raised with a strong sense of justice. 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). We have updated our Privacy Policy. How Does VGLI Compare to Other Insurance Programs? Prior Employment: If you are intending toappeal a denied claim, you can contact us for an evaluation and we can help you with this process. Competent medical evidence that the disease began within the deadline (if any). Studieshave indicated that Agent Orange exposure has led to increased rates of stillbirths andbirth defects in the childrenof veterans who were exposed to Agent Orange. Based on the severity of your condition, it assigns you a rating of 0 to 100 percent. The exam is also not required to receive VA benefits. 203, San Jose, CA 95134 3. 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. For more information, see: Veterans who operated, maintained, or served onboard C-123 aircraft from 1969 through 1986. When you visit web sites, they may store or retrieve data in your web browser. However, over the years, she has become a strong advocate for VA rights and made it her mission to help veterans seek justice. The Veterans Administration has a detailed list of missions during which soldiers were presumptively exposed to Agent Orange. Recently, the Honoring Our Promise to Address Comprehensive Toxics Act (PACT Act) of 2021 expanded Agent Orange presumptions to include additional locations and time periods. You have a presumption of exposure if you meet at least one of these service requirements. 275 S Worthington St #113, Spring Valley, CA 91977. Veterans Crisis Line: University of Denver, B.A. What matters in this situation is that the diagnosis was part of the veterans C-File from 1998 onward. Veterans disability compensation rates Review current disability compensation rates based on disability rating and number of dependents. The 1,126 sq. Attention A T users. U.S. Department of Veterans Affairs | 810 Vermont Avenue, NW Washington DC 20420. We know the system and will fight for your interests and dignity. Agent Orange was stored at U.S. military bases in addition to being sprayed. For example, Blue Water Navy Veterans and those who served on or near the Demilitarized Zone in the Korean Conflict between April 1, 1968 and August 31, 1971 are also presumed to have been exposed. Thus, on May 25, Rep. Barbara Lee (D-California) introduced H.R. You must have a diagnosed medical condition to be eligible for VA disability benefits. Fortunately, the U.S. Department of Veterans Affairs (V.A.) that death or disability occurred before December 31, 1994. Your financial situation is unique and the products and services we review may not be right for your circumstances. For example, say a veteran filed a claim for service connection for arthritis in 1995. An experienced attorney can guide you through the process of getting the compensation you deserve. 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) by the national veterans legal services program. (2) Inapplicability of certain accrued benefit requirements. At the University of Denver she majored in English, with minors in history and French, and had an active leadership role in her sorority, Alpha Gamma Delta. A veteran benefits attorney can help you sort through all the paperwork so that you can get your benefits sooner. The Agent Orange Act of 1991 implemented under VA regulations requires duty or visitation within the Republic of Vietnam, including its inland waterways, between January 9, 1962, and May 7, 1975, to establish a presumption of Agent Orange exposure. You can view the current Compensation Rate Tables to determine the amount you may receive. We will do our best to respond within a reasonable amount of time (usually 3 to 10 workdays). To access the menus on this page please perform the following steps. The Nehmer class action came after the Agent Orange Act was passed by Congress. In Agent Oranges case, however, the V.A. "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. We help them to appeal and reopen claims in order to raise their VA disability ratings and increase their monthly benefit. A new law would expand the Agent Orange presumptive list, making easier for vets to qualify for disability compensation related to exposure during service. During its operation, the Settlement Fund distributed a total of $197 million in cash payments to members of the class in the United States. Start an offer. For example, a Veteran with a 30% disability rating, a spouse and three children under 18 would receive $671.10 each month. Have Questions About Appealing Your Claim or Understanding How the Claims Process Works? Many Veterans who were exposed to Agent Orange and other related herbicides in Vietnam, Korea, Thailand, or other locations later developed bladder cancer due to their service. Service people stationed at certain U.S. locations in Ohio, Pennsylvania and Massachussetts in the 60s, 70s and 80s also meet criteria. Appoint and work with an accredited Veterans Service Organization (VSO), Gather all relevant and required evidence to support your claim, and. These cookies allow the website to remember choices you make to give you better functionality and personal features. If the arthritis claim became final in 1999, and the veteran filed a new claim for ischemic heart disease in 2010 when the disease was added to the presumptive list, theeffective date for his claim goes backto 1998, even though the initial claim was not for ischemic heart disease. Getting Veterans (VA) Disability for Agent Orange Diseases, Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School, Honoring Our Promise to Address Comprehensive Toxics Act (PACT Act) of 2021. How Much Life Insurance Do You Really Need? No matter where you are, our claims agents can help you secure the benefits (and backpay) you've earned. Bar Association Memberships: Since 1991, the VA has been required to do mass reviews of claims for the following: If you have been denied benefits due to Agent Orange toxic exposure, want to receive back pay compensation or are attempting toincrease your rating, the team at Hill & Ponton may be able to assist you. To calculate additional compensation, use the respective "additional" rows at the end of each table. Bladder Cancer: Cancer that affects the bladder, where urine is stored. Description TCDD (Dioxin) Amounts. 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 right combination of evidence, medical and service records, lay testimony, and legal argument could win your case. Bladder Cancer is a now a recognized presumptive condition related to Agent Orange exposure. Copyright 2023 Los Angeles Post-Examiner 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. Performance information may have changed since the time of publication. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Unfortunately, many military members were exposed prior to the ban and have developed various medical conditions including many types of cancer as a result. The amount of money the V.A. . If you have recently received a favorable decision from the VA on your Agent Orange claim, you may think that the long fight with the department of veterans affairs is over. For questions regarding VA benefits, call the VA toll-free number at 1-800-827-1000. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. The effects of Agent Orange can take years to appear. Agent Orange can also increase the risk of hypertension . Call: 988 (Press 1), U.S. Department of Veterans Affairs | 810 Vermont Avenue, NW Washington DC 20420. However, even if VA does not presume a connection to service, we can help you recover benefits if you served somewhere else. The Vietnam Agent Orange Relief . exposure to herbicides in a location other than the Vietnam or the Korean demilitarized zone. 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. They may also be used to keep track of what [products, video, links, etc.] Hit enter to expand a main menu option (Health, Benefits, etc). Is There a Test for Agent Orange Exposure? During its operation, the Settlement Fund distributed a total of $197 million in cash payments to members of the class in the United States. Agent Orange 1.77 to 40 ppm. Your 100 percent rating continues until six months after successful completion of a treatment program. The office of Sean Kendall, Attorney-at-Law, is committed to . 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. To file a claim online for disability compensation, visit. Veterans who served in a unit that operated in the Korean Demilitarized Zone between April 1, 1968 and August 31, 1971; Vietnam-era Veterans whose service involved duty on or near the perimeters of certain military bases in Thailand between February 28, 1961 and May 7, 1975. They include, but are not limited to: This list is not exhaustivemore is being learned about the long-term effects every day, and some conditions mimic others and may not be attributed to Agent Orange exposure. MLS # NJOC2013144 there must be a significant amount of scientific evidence linking the illness to Agent Orange exposure. 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. 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. The VA offers health care and disability benefits for veterans who may have been exposed to Agent Orange and other herbicides during military service. Medical evidence showing the relationship between the service-connected disability and the secondary disability. If you have filed a VA claim for disability or death compensation due to Agent Orange exposure and it was denied (after all appeals, if any) by the VA on or after September 25, 1985, or if it is still pending. The most important part of our job as your VA disability attorneys is establishing that exposure to Agent Orange caused your medical condition. These cookies collect information about how you use our website. The VA does not consider these dates to be effective dates. Agent Orange was a tactical herbicide the U.S. military used to kill trees and shrubs providing cover and destroy food crops. These cookies are necessary for the website to function and cannot be switched off in our systems. The sooner you get started, the sooner you can start to receive benefits. The higher your disability rating, the more money you receive in benefits each month. These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. As a result, those who did not already qualify for disability benefits may now be eligible. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. Veterans who developed a medical problem due to Agent Orange exposure may be entitled to receive compensation, as can their surviving family members. 988 (Press 1). Agent Orange, mixture of herbicides that U.S. military forces sprayed in Vietnam from 1962 to 1971 during the Vietnam War for the dual purpose of defoliating forest areas that might conceal Viet Cong and North Vietnamese forces and destroying crops that might feed the enemy. ft. 692 N Adele St #95, Orange, CA 92867 $150,000 MLS# PW22235342 This home is located in a quiet and active senior community in Orange where residents . These benefits are tax-free. Used Outside of Vietnam. No matter your diagnosis, contact us for a free consultation. This means that VA assumes that you were exposed to Agent Orange while serving in these areas during the Vietnam War. The other part of the Settlement Fund, the Class Assistance Program, was intended by the distribution plan to function as a foundation. The rates range from $144.14 a month for 10 percent disability to $3,146.42 per month for 100 percent disability. 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. Please switch auto forms mode to off. Between January 9, 1962, and May 7, 1975, you must have served for any length of time in at least one of these locations: Or you must have served in at least one of these locations that theyve added based on the PACT Act: Or at least one of these must be true for you: Eligible Reserve locations, time periods,and units include: For more service requirement details, review: Public Law 116-23(Blue Water Navy Vietnam Veterans Act of 2019), Air Force specialty codes and units for affected C-123 aircraft (PDF), Dates and locations of herbicide tests and storage outside Vietnam. Veterans Crisis Line: Since that time, we have provided compassionate Check VA's Guide to Agent Orange Claims to learn more about how to establish eligibility to disability compensation and how much VA pays. The Agent Orange Settlement Fund was created by the resolution of the Agent Orange Product Liability Litigation - a class action lawsuit brought by Vietnam Veterans and their families regarding injuries allegedly incurred as a result of the exposure of Vietnam Veterans to chemical herbicides used during the Vietnam war. These cookies dont collect information that identifies you. 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. than 20 million gallons of Agent Orange were used by US troops in Vietnam, Cambodia, and Laos, resulting in excessive amounts of the toxic dioxin in fields, forests, and military bases . Agent Orange was a blend of tactical herbicides the U.S. military sprayed from 1962 to 1971 during the Vietnam War to remove the leaves of trees and other. These cookies are also used to let affiliates know if you came to one of our websites from an affiliate and if your visit resulted in the use or purchase of a product or service from us, including details of the product or service purchased. This guide provides insight into the amount of financial relief that may be available, as well as who may be eligible and how the PACT Act changed the rules to better provide for veterans and their loved ones. We are sorry that this post was not as useful for you! She realized that she can make her voice heard to the masses through legal journalism. Aboard a U.S. military vessel that operated in the inland waterways of Vietnam, On a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia. It also added additional locations to the list of places where soldiers were presumed to be exposed. Today, veterans who receive financial assistance as a result of Agent Orange connected medical issues generally get their compensation in the form of disability benefits. If you have dependents, such as a spouse, children, or dependent parents, you can earn even more money on their behalf. 2 Baths. If youdeveloped cancer or another health condition after being exposed to Agent Orange, get an experienced veterans advocate on your team to help you get the benefits you deserve. You must provide your name, e-mail address, telephone and/or fax number, and VA file number/Social Security Number. 7 Things Every Veteran Should Know About Agent Orange Video, This website adheres to the W3Cs AA Accessibility guidelines. In addition to writing for the web, she has also designed educational courses and written textbooks focused on a variety of legal subjects. Effective January 1, 1989, payments made from the Agent Orange settlement fund or any other fund established pursuant to the settlement in the Agent Orange product liability litigation are excluded from income and resources. Veterans . The rule is that the effective date is the latter of the date the VA received the initial disability claims for an Agent Orange-related disease (initial claim means the first claim filed after or pending on September 25, 1985) or the date the Agent Orange-related disease was first diagnosed. A common misconception is that the VA will grant back pay all the way to the date of your injury or when your disability began. Before you decide whether or not to appeal the decision, you will want to be sure that the VA got both the VA disability rating and the effective date correct. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. Heather grew up in the suburbs of St. Louis, Missouri, before moving to Denver, Colorado to attend the University of Denver. Veterans can, however, receive fair compensation. At that time, VA requires you undergo another evaluation to determine the current status of your diagnosis. Regular professional contact with C-123 aircraft between 1969 and 1986. This article highlights the eligibility criteria and important information for filing a claim for benefits. While that claim was still pending, a 1998 diagnosis ofischemic heart diseasewas added to the veterans C-File. There is a host of medical conditions that are typically associated with Agent Orange. It was not until later that the U.S. Army realized the potency of the product and discovered the direct link between Agent Orange and the debilitating sickness that many Vietnam War vets were mysteriously experiencing. Another tricky Nehmer rule relates to evidence of an Agent Orange-related disease that is in a veterans C-File. Local: (303) 449-4773. . Commissions do not affect our editors' opinions or evaluations. Agent Orange is a mix of herbicides (plant-killing chemicals) and defoliant (a chemical used to remove leaves from plants and trees). 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. Florida Bar As a result, the process can take some time. In order to qualify, the children must be: Depending on the severity of your disability, you can receive as much as$3,621.95 per month as a single person. You will need to file a disability compensation claim if you wish to recover compensation due to Agent Orange exposure. Canada's Secret War: Vietnam . If doctors diagnosed you with any of the medical conditions on the list above, we will gather the documentation from your doctor or medical professional that we need to submit to VA. Florida Senate, Office of Bill Drafting Services To find out more, view our Privacy Policy. This includes: If eligible, you must prove that you were exposed to Agent Orange or other herbicides during your military service to be eligible for service-connection for disease VA presumes are related to Agent Orange exposure. Our attorneys are ready to start building your case. 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. Who Is Eligible for Benefits Based on Agent Orange? Editorial Note: We earn a commission from partner links on Forbes Advisor. Your dependents and survivors also may be . You may also use VAs Decision Ready Claim (DRC) program. The amount represents gallons within eight (8) kilometers of the area. A lawyer could also assist you if you need to appeal an unfavorable decision. These cookies do not store any personal information. Attention A T users. If you, your spouse, or a parent was exposed to Agent Orange during their military service and developed cancer or another medical condition listed below, you may be entitled to compensation of up to $39,000 per year in tax-free VA benefits. Call today for a free consultation at 800-544-9144. VA Secretary: 'Urgent' Review Planned for Agent Orange Benefit Expansion. yet assertive representation for our clients. 1. These presumptive diseases of Agent Orange exposure can range from the inconvenient to debilitating and even life-threatening. Agent Orange Exposure and C-123 Aircraft U.S. Department of Veterans Affairs has confirmed that eligible Vietnam War veterans are presumed to have experienced Agent Orange herbicide exposure between January 9,, Agent Orange exposure is strongly associated with a variety of health problems. Save. Agent Orange is a mix of herbicides that was used as a weapon by the United States to kill enemy crops in Vietnam and Korea during the 1960s and 70s. Call today at 800-544-9144. Dunn, the Arkansas veteran, said he is in touch with 16 men in his squadron, four have Type 2 diabetes. VA may also pay benefits based on exposure to herbicides for the following categories: When you work with an accredited VSO and provide all the necessary evidence with your application, you can get a decision on your claim in 30 days or less. The Forbes Advisor editorial team is independent and objective. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Click the button below to get more information. Agent Orange is an herbicide mixture that contains a chemical called dioxin. He . If you are in crisis or having thoughts of suicide, Eric Gang, ESQ. The American Legion has a resolution stating that the presumption of exposure should apply to Navy veterans who served on ships located in the territorial waters of Vietnam. 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. 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. 2. Go over this list of presumptive conditions if you served during the Vietnam War and are seeking compensation and health care benefits from the effects of Agent Orange. View more property details, sales history and Zestimate data on Zillow. The Settlement Fund was distributed to class members in accordance with a distribution plan established by United States District Court Judge Jack B. Weinstein, who presided over the litigation and the settlement. Nehmer v. U.S. Department of Veterans Affairs Agent Orange Lawsuit. We'd love to hear from you, please enter your comments. It is important to note that if further disease or disability results from one of the presumptive conditions associated with Agent Orange exposure, you canfile a claim for secondary service connection. 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. $149,000. During the past decade, the Department of Veterans Affairs has received many inquiries regarding the Agent Orange Settlement Fund. Past performance is not indicative of future results. Veterans who were exposed to Agent Orange may also be eligible to receive anAgent Orange Registry Health Exam.