Agent Orange may be one of the most well-known herbicides, and not for a good reason.
This defoliant was widely used throughout the 1960s, mainly in Vietnam. It contained a contaminant called dioxin, and now both Agent Orange and dioxin are known to be linked with cancer and several other serious illnesses, including diabetes and birth defects. Both Vietnamese and Americans stationed in Vietnam during the Vietnam War were exposed to Agent Orange and many have developed the illnesses mentioned.
Before Agent Orange was studied extensively, Vietnam veterans with, say, cancer or diabetes, had to clear many hurdles to be successful in claims for service connection. As the links between Agent Orange and those illnesses have become established, the VA has streamlined the process by creating a list of “presumptive” conditions which are assumed to be related to Agent Orange exposure. If a veteran has one of these conditions, and that veteran was exposed to Agent Orange in service, the VA presumes the illness was caused by the exposure and a link is established.
Agent Orange Illness And VA Evaluations
The VA evaluates claims for these conditions in two different ways: presumptive and non-presumptive. Disability benefits are available for both, but the path to approval is different.
In either case, a seasoned VA disability attorney is an essential partner in a maximum disability benefits claim. These benefits often include several thousand dollars a month in cash. Generally, these veterans are also entitled to substantial back pay. Additionally, and perhaps more importantly, disabled veterans are entitled to free medical care at any VA facility. For veterans dealing with cancer and other severe, chronic illnesses, the medical benefits are often more valuable than the cash benefits.
Presumptive Conditions
Veterans with a current diagnosis of a presumptive illness may be entitled to benefits without having to provide a medical “nexus” linking the condition to service, as long as they meet the service requirements. The PACT Act of 2022 significantly expanded the list of presumptive conditions. It now includes the following:
- Monoclonal gammopathy of undetermined significance (MGUS)
- Hypertension
- Multiple myeloma
- Non-Hodgkin’s lymphoma
- Bladder cancer
- Prostate cancer
- Respiratory cancers (including lung cancer)
- Chronic B-cell leukemia
- Hodgkin’s disease
- Some soft tissue sarcomas
This list is updated as new scientific evidence becomes available, so it can change over time.
Additionally, veterans must prove they were deployed in a particular area at a particular time. Before the PACT Act, these areas were limited to Vietnam and the waters surrounding Vietnam at certain times. Now, the list includes parts of Southeast Asia; the Korean demilitarized zone; and bases in Guam, American Samoa, and other areas.
A presumptive condition with the required service history establishes the service connection, but it does not guarantee a 100% rating. A VA disability attorney must still work to obtain as high a rating as possible, which depends on the veteran’s level of impairment due to their illness. The resulting rating could be between 10% and 100%.
Non-Presumptive Conditions
Other conditions may be related to Agent Orange, but if they are not on the “presumptive” list, the claims are more complex. Benefits may still be available.
Initially, the veteran must have a current diagnosis. To link it to service, they often need a “nexus letter” (a medical opinion) from a healthcare professional that explicitly connects the condition to the in-service exposure.
Then, the veteran must establish a direct service-related connection. For a non-presumptive condition, simply being in a presumptive area (like Vietnam between 1962 and 1975) is not enough. The veteran must provide evidence showing a specific exposure and a medical link between that exposure and their illness.
Frequently, a service record does not include such specific information, but evidence may still be available. For example, if several veterans from the same unit develop the same or similar illnesses (a “unit spike”), the VA may consider that compelling evidence. “Buddy statements” — statements from veterans who served alongside the claimant — can also establish daily duties, training exercises, or leisure activities that brought the claimant into contact with Agent Orange.
A different kind of buddy statement often helps raise disability ratings. Friends and family cannot give medical testimony, but they can testify about the everyday effects of the veteran’s disability. Attorneys may also use vocational expert reports to bolster these claims even further.
Count on Dedicated Attorneys
An attorney is a valuable partner in all phases of a disability claim. For a free consultation with an experienced veteran disability lawyer, contact Cameron Firm, PC, at 800-861-7262, or fill out the contact box on our website. We are here to represent veterans nationwide.
This article is for educational and marketing purposes only. Therefore, it does not create an attorney-client relationship.
