Agent Orange Exposure VA Disability Compensation
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.
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.
Contact Bergmann & Moore today to schedule a free consultation and take the first step toward the compensation you deserve.
Agent Orange - VA Disability
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.
Presumptive Cancers :
- Bladder cancer
- Chronic B-cell leukemia
- Hodgkin’s disease
- Multiple myeloma
- Non-Hodgkin’s lymphoma
- Prostate cancer
- Respiratory cancers (including lung cancer)
- Some soft tissue sarcomas
Note: VA does not include osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma on our list of presumptive conditions.
Other illnesses:
- AL amyloidosis
- Chloracne (or other types of acneiform disease like it)
Note: Under VA rating regulations, this condition must be at least 10% disabling within 1 year of herbicide exposure. - Diabetes mellitus type 2
- High blood pressure (hypertension)
- Hypothyroidism
- Ischemic heart disease
- Monoclonal gammopathy of undetermined significance (MGUS)
- Parkinsonism
- Parkinson’s disease
- Peripheral neuropathy, early onset
Note: Under VA rating regulations, this condition must be at least 10% disabling within 1 year of herbicide exposure. - Porphyria cutanea tarda
Note: Under VA rating regulations, this condition must be at least 10% disabling within 1 year of herbicide exposure.
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.
The PACT Act - Agent Orange
The PACT Act has added five locations that now qualify as presumptive for Agent Orange exposure, meaning that if you served for any length of time at one of the below locations during the required time period, VA presumes that you were exposed to the herbicide.
Between January 9, 1962, and May 7, 1975, you must have served for any length of time in at least one of these locations:
- In the Republic of Vietnam, or
- Aboard a U.S. military vessel that operated in the inland waterways of Vietnam, or
- On a U.S. vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia
Or, one of the following must be true:
- You served in or near the Korean DMZ for any length of time between September 1, 1967, and August 31, 1971, or
- You served on active duty in a regular Air Force unit location where a C-123 aircraft with traces of Agent Orange was assigned, and had repeated contact with this aircraft due to your flight, ground, or medical duties, or
- You were involved in transporting, testing, storing, or other uses of Agent Orange during your military service, or
- You were assigned as a Reservist to certain flight, ground, or medical crew duties at one of the locations listed here
Eligible Reserve locations, time periods, and units include:
- Lockbourne/Rickenbacker Air Force Base in Ohio, 1969 to 1986 (906th and 907th Tactical Air Groups or 355th and 356th Tactical Airlift Squadrons)
- Westover Air Force Base in Massachusetts, 1972 to 1982 (731st Tactical Air Squadron and 74th Aeromedical Evacuation Squadron, or 901st Organizational Maintenance Squadron)
- Pittsburgh International Airport in Pennsylvania, 1972 to 1982 (758th Airlift Squadron)
The PACT Act has added the following five locations and corresponding time periods as presumptive for Agent Orange exposure:
- Any U.S. or Royal Thai military base in Thailand
- January 9, 1962 through June 30, 1976, or
- Laos
- December 1, 1965, through September 30, 1969, or
- Cambodia at Mimot or Krek, Kampong Cham Province
- April 16, 1969 through April 30, 1969, or
- Guam or American Samoa or in the territorial waters off Guam or American Samoa
- January 9, 1962 through July 30, 1980, or
- Johnston Atoll or on a ship that called at Johnston Atoll
- January 1, 1972 through September 30, 1977
If you were previously denied service connection for one of the locations/conditions listed above, you can now refile by submitting VA Form 21-256EZ to VA.
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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.