Agent Orange Exposure
During the Vietnam War, an herbicide known as Agent Orange was used to eradicate the heavy jungle forest to make it easier for troops to avoid being ambushed. Veterans who had boots on the ground service in Vietnam, Thailand, the DMZ in Korea, or served on a Blue Water Navy Ship during certain presumptive time periods were susceptible to exposure and thus qualify for disability benefits.
Presumptive Conditions
VA has conceded that certain diseases are presumed to be due to the chemicals in Agent Orange and has formed a list. This means that if VA acknowledges a Veteran served in an area where he or she was exposed to Agent Orange, their claim for service connection is granted on a presumptive basis, meaning that a medical nexus is not required if the Veteran has a diagnosis for that presumptive condition.
Other Conditions – Cancer
Unfortunately, VA has not yet recognized that many conditions, such as certain types of cancers, may be the result of Agent Orange exposure. These are referred to as “non-presumptive” conditions and can make obtaining service-connected benefits extremely challenging. However, it is still possible to win benefits for these claims with supporting medical evidence.
Appeal Your Denial
Bergmann & Moore has successfully prevailed in many cases of non-presumptive Agent Orange exposure in both service connection claims as well as surviving spouse (DIC) claims. We are dedicated to fighting VA until these conditions are deemed presumptive.
One of the largest law firms in the country practicing solely in the area of Veterans’ benefits. Managed by former VA attorneys. We know the journey and can get you through it.
Disclaimer: This information is not legal advice. Using this information, understand that there is no attorney-client relationship created by reading or using the information on this website.