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Toxic Exposure at Fort McClellan

VA Benefits for Toxic Exposure at Fort McClellan

Learn about VA Benefits for Toxic Exposure at Fort McClellan. For some reason, the Veterans Administration is typically reluctant to approve benefits in toxic exposure cases. Agent Orange is a good example. Over 50 years after the military stopped using this dangerous herbicide, many Veterans are still fighting for the benefits they deserve.

Before they defoliated jungles in Southeast Asia, many of these Veterans spent some time at Fort McClellan in Alabama. For most of the Cold War, this sprawling Army base was home to the Army Chemical School (ACS). While at the ACS, servicemembers learned how to use herbicides, like Agent Orange, as well as some radioactive materials.

VA disability due to toxic exposure claims is especially hard to establish at Fort McClellan. For many years, the Monsanto chemical company was almost literally next door. As a result, it is difficult to show that a Veteran’s toxic exposure came from the Army base and not the chemical plant. 

In many cases, the dense and complex Code of Federal Regulations works against disability claimants. But in this particular situation, a good VA disability lawyer can use some rather obscure CFR passages to obtain needed benefits.

Exposure Presumption

The two main components of any VA disability claim are a service-related condition and an emotional, physical, or other disability. 

According to 38 CFR 3.307, there is a presumptive connection between service in Vietnam and exposure to a herbicide. This presumption applies to:

  • 2,4-D,
  • 2,4,5-T,
  • TCDD,
  • Cacodylic acid, and 
  • Picloram.

This presumption applies to most Veterans who served in Vietnam between January 1962 and May 1975. Note that the Veteran must have had boots on the ground in Vietnam. Service in the Vietnam theater, such as Thailand or an offshore naval vessel, may not suffice.

The same 3.307 presumption applies to Camp Lejeune water poisoning diseases, certain tropical diseases, and most POW-related conditions.

This provision establishes a service connection. However, it does not establish a nexus between the disability and the military service. For that, Veterans must introduce additional evidence. Or, they may rely on another provision in the Code of Federal Regulations.

Service Connection

38 CFR 3.309 enables Veterans to bypass the nexus question altogether and instead rely on another presumption. The following herbicide exposure-related illnesses have presumed service-related connections, provided that the Veteran meets the criteria in 3.307 above:

  • AL amyloidosis,
  • Hodgkin’s disease,
  • Ischemic heart disease (including, but not limited to, acute, subacute, and old myocardial infarction; atherosclerotic cardiovascular disease including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable and Prinzmetal’s angina),
  • All chronic B-cell leukemias (including, but not limited to, hairy-cell leukemia and chronic lymphocytic leukemia),
  • Multiple myelomas,
  • Non-Hodgkin’s lymphoma,
  • Parkinson’s disease,
  • Chloracne or other acneform diseases consistent with chloracne,
  • Type 2 diabetes (also known as Type II diabetes mellitus or adult-onset diabetes),
  • Early-onset peripheral neuropathy,
  • Porphyria cutanea tarda,
  • Prostate cancer,
  • Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea), and
  • Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma).

A 1998 study concluded that many dangerous herbicides were present at Fort McClellan, especially during the mid-1970s. The military also used high concentrations of these chemicals. The amount of herbicides in use could have covered Fort McClellan about 1,900 times. For comparison’s sake, the military used enough herbicides in Vietnam to cover the country’s landmass about 140 times.

Work with Experienced Lawyers

Some Vietnam-era toxic exposure disabilities occurred right here in the United States. For a free consultation with an experienced Veterans disability lawyer, contact Cameron Firm, PC at 800-861-7262 or fill out the contact box to your right. We are here to represent Veterans nationwide.

This article is for educational and marketing purposes only. Subsequently, it does not create an attorney-client relationship.

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