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cum laude, Florida State University Law Review, Distinguished Pro Bono Service Award Competent medical evidence of an actual connection between herbicide exposure and the current disability. 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. you viewed to avoid repetition. 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. By using our website, you agree to the use of certain cookies. 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. Determining average compensation isnt possible or useful since your compensation will be based on how severely you were affected by exposure. 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 . In addition, VA has determined there is evidence of exposure to Agent Orange for Air Force and Air Force Reserve members who served during the period 1969 through 1986 and regularly and repeatedly operated, maintained, or served onboard C-123 aircraft (known to have been used to spray an herbicide agent during the Vietnam era). This data may be used to help optimize our websites and make them easier for you to navigate. However, even if VA does not presume a connection to service, we can help you recover benefits if you served somewhere else. 20 percent disability rating: $327.99 per month. Something went wrong. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Veterans who were exposed to Agent Orange may have certain related cancers or other illnesses. An attorney can help you to determine how much money you would likely receive based on your symptoms and conditions. As a result, those who did not already qualify for disability benefits may now be eligible. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices 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 . Dunn, the Arkansas veteran, said he is in touch with 16 men in his squadron, four have Type 2 diabetes. Editorial Note: We earn a commission from partner links on Forbes Advisor. OK'd for Agent Orange Compensation. When it issued payments, military members received an average of $3,800. 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. 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. Daniel Crawford sprayed and mixed 2,4,5-T, an ingredient in Agent Orange, as a part of his job with Ontario Hydro. We will do our best to respond within a reasonable amount of time (usually 3 to 10 workdays). The U.S. Department of Veterans Affairs (VA) backlog of Agent Orange . 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. Crystal A. Davis was born into a family of attorneys and was raised with a strong sense of justice. Thus, each area is 9.6 miles in diameter. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. If you were exposed to Agent Orange during your U.S. military service, you may be eligible for VA service-connected disability compensation for medical conditions associated with Agent Orange. Submit a Disability Benefits Questionnaire completed by your physician, or attend a VA claim exam, if needed, before submitting your claim. . . Berry Law Firm works with veterans nationwide who do not receive proper Agent Orange-related disability benefits. These cookies allow the website to remember choices you make to give you better functionality and personal features. What Medical Conditions Does Agent Orange Cause? VA Secretary: 'Urgent' Review Planned for Agent Orange Benefit Expansion. While we still have our home base in Florida, $279,000. 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 . Vietnam Veterans may be eligible for disability compensation benefits because of exposure to Agent Orange. If you are intending toappeal a denied claim, you can contact us for an evaluation and we can help you with this process. 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. 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. This information is made available for educational purposes only and to provide general information and a general understanding of the law. 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. "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. . 275 S Worthington St #113, Spring Valley, CA 91977. These agencies, which ranged from disability and Veterans service organizations to community-based not-for-profits, provided counseling, advocacy, medical and case-management services. An experienced attorney can guide you through the process of getting the compensation you deserve. To qualify for presumption of exposure, veterans must have had active military, naval, air, or space service in the following locations and time periods: If the veteran is eligible for presumptive service connection, the process for receiving VA disability compensation benefits and healthcare should be considerably easier, as the burden is not on the veteran to prove Agent Orange caused their condition. Unfortunately, many military members were exposed prior to the ban and have developed various medical conditions including many types of cancer as a result. 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. Your dependents and survivors also may be eligible for benefits. 1-888-5-REPVET. considers that any related condition has a direct connection to your service if you were exposed to the toxin. A new law would expand the Agent Orange presumptive list, making easier for vets to qualify for disability compensation related to exposure during service. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. Disclaimer: This information is not legal advice. Agent Orange exposure is presumed if a Veteran was in Vietnam from January 9, 1962 until May 7, 1975. 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. A 2016 study found an association between people with high levels of dioxin in their blood and the development of chronic kidney disease. 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. This Act added to the list of presumptive health conditions caused by Agent Orange and other toxic substances. We have updated our Privacy Policy. Robert McCumber, 69, of Eugene, Ore., who served with Clarke, has cancer of the larynx. 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. Description TCDD (Dioxin) Amounts. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. 100 percent disability rating: $3,146.42 per month. Contact our office to request a free, no-obligation consultation. While many other health conditions, like diabetes mellitus type II and . The substance was banned in 1971. To file a claim online for disability compensation, visit. These cookies do not store any personal information. These cookies are necessary for the website to function and cannot be switched off in our systems. It includes locations in Vietnam and Korea during the 1960s and 1970s, as well as locations such as Guam, Thailand, Cambodia and American Samoa as late as 1980 for some areas. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 For example, a veteran may develop depression due to an Agent Orange service-connected cancer, or a service-connected diabetes mellitus could lead to peripheral neuropathy. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Prior to July 1, 2004, interest earned by conserved Agent Orange settlement payments is not excluded from income. The chemical was sprayed at more than 20 times the manufacturers recommended concentration dose during the Vietnam War, causing millions to become ill or to deliver children with serious birth defects. To find the amount payable to a 70% disabled veteran with a spouse and four children, one of whom is over 18 and attending school, take the 70% rate for a veteran with a spouse and 3 children, $ 1642.71, and add the rate for one school child, $182.00. 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. If, Agent Orange was an herbicide that the United States military used 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. Unfortunately, research later showed the herbicide was highly toxic to anyone who came in proximity to it. Survivors also may be eligible for Dependency and Indemnity . Because the plaintiff class was so large (an estimated 10 million people), the Fund was distributed to class members in the United States through two separate programs designed to provide maximum benefits to Vietnam Veterans and their families most in need of assistance: This plan for distributing the Settlement Fund was unprecedented: it employed mechanisms not previously adopted in class action lawsuits in order to maximize benefits to class members and to respond to the complex needs expressed by the class during a series of "Fairness Hearings" held in six different locations in the country.