VA Benefits for Agent Orange Exposure
As many as 3.8 million veterans served in Vietnam during the years when Agent Orange was in use, many of whom went on to develop serious, life-long health complications as a result of this toxic exposure. If you or a loved one were exposed to Agent Orange during service and are suffering from a related condition, read on to learn about the VA’s Agent Orange benefits, including qualifying conditions and how to apply.
Understanding Agent Orange Exposure
Agent Orange is a chemical herbicide that was widely used by the U.S. military to clear trees and foliage in the dense jungles of Vietnam. It was part of Operation Ranch Hand, with at least 11 million gallons sprayed in Vietnam between 1962 and 1971. The purpose of Agent Orange was to make it harder for combatant enemies to hide in the jungle as well as to destroy their crops.
A key ingredient in Agent Orange was dioxin, a highly toxic chemical that has since been linked to serious long-term health conditions such as respiratory illnesses and certain cancers. It’s estimated that levels of dioxin in Agent Orange were up to 1,000x higher than levels used in common domestic herbicides, which greatly increased the risk of severe illness.
In the decades since, Agent Orange exposure has been linked to a variety of serious health complications, leading to specific Department of Veterans’ Affairs (VA) benefits for Agent Orange exposure. These benefits are available to qualifying veterans who served in Vietnam, along the Korean DMZ, or on certain naval vessels during the years of Operation Ranch Hand.
Conditions for Agent Orange Disability
The VA has identified a wide range of illnesses caused by Agent Orange exposure. These fall into two groups:
- Presumptive conditions: Health conditions automatically presumed to be caused by Agent Orange exposure, with no proof required
- Secondary conditions: Health conditions that were caused or worsened as a direct result of one or more Agent Orange-related conditions, with proof required.
Available VA Benefits for Agent Orange Exposure
Veterans who were exposed to Agent Orange in the line of duty may be eligible for multiple VA disability benefits.
- VA Disability Compensation: Monthly tax-free payments based on the severity of your condition.
- Health Care Benefits: Access to VA medical treatment for Agent Orange-related conditions, including medical care, prescriptions, and home health and hospice care.
- Dependency and Indemnity Compensation (DIC): Benefits for surviving spouses and children if the veteran passed away due to an Agent Orange-related condition. May include VA healthcare or other survivor benefits like VA home loans.
- Special Monthly Compensation (SMC): Additional payments for veterans with especially severe Agent Orange-related disabilities.
Disability compensation for Agent Orange is based on a veteran’s VA disability rating – a percentage from 0% to 100% based on the type and severity of their condition. The higher the VA disability rating, the more a veteran is entitled to in monthly, tax-free disability payments.
Filing an Agent Orange Claim
In order to qualify for Agent Orange compensation, back pay, or other benefits, you must first file a VA disability claim.
Agent Orange claims can be filed by any veteran who served in a location that exposed them to Agent Orange and who developed a health condition related to that exposure. They can also be filed by survivors or other dependents whose family member passed due to Agent Orange exposure.
In 2022, the U.S. passed the Pact Act, which expanded who qualifies for Agent Orange benefits as well as the list of presumptive conditions. The current list and benefits are based in part on the bravery of veterans and VA disability lawyers who filed class action lawsuits to hold the military accountable for Agent Orange exposure.
Common challenges faced by veterans when filing Agent Orange claims include proving they served in a presumptive area and proving a direct link between Agent Orange exposure and a secondary condition. We recommend speaking with an attorney who specializes in Agent Orange disability claims if you are facing these or other obstacles.
Step-by-Step Process for Agent Orange Claims
There are four steps to filing for Agent Orange disability with the VA.
1
Step
Gather Documentation
The VA does not require proof of a service-related connection for conditions presumed to be caused by Agent Orange exposure. However, you will still need to submit your DD-214 or other separation papers, medical records, and diagnosis of a covered condition. In some cases you may also be asked to provide service reports, images, or other proof of exposure.
2
Step
Submit a Claim
You can apply for Agent Orange disability online using the VA’s eBenefits portal, or print out VA Form 21-526EZ and mail a completed form to the Department of Veterans’ Affairs, Evidence Intake Center, P.O. Box 4444, Janesville, WI 53547-4444. You can also choose to submit your application in person at a VA regional office. Make sure your claim application is clear and accurate. Any inaccuracies or incomplete sections could lead to a delayed or denied claim.
3
Step
Wait for the VA to Review
The VA review process involves evaluating your medical documents and service records to determine eligibility for Agent Orange benefits. If the VA needs any additional information, they will reach out directly. Comply with requests promptly to prevent undue delays.
4
Step
Decision and Possible Appeal
Once your application is reviewed, the VA will let you know if your Agent Orange claim is approved or denied. If approved, they will outline the benefits you are entitled to. If denied, you will have the option to appeal for reconsideration.
Agent Orange
Compensation Back Pay
Back pay, or retroactive disability compensation, is a lump sum payment issued by the VA to cover any eligible disability payments you missed out on prior to your approved claim. These are based on the VA’s effective date rules, which, for Agent Orange exposure, is either the date the VA received your original claim application or the date your condition became eligible for compensation – whichever is later.
In 1989, the class action lawsuit Nehmer v. U.S. Department of Veterans’ Affairs produced the Nehmer provisions, which lay out the basis for presumptive conditions and make it easier for veterans to collect compensation on Agent Orange claims. If your condition was not considered presumptive prior to 1989 but is currently due to the Nehmer provisions, you may be eligible for back pay starting at the date your original claim should have been approved.
Who Qualifies for
Agent Orange Back Pay?
You may be entitled to Agent Orange compensation back pay if you:
- Applied for Agent Orange benefits before the VA officially recognized your condition
- Were denied benefits for a presumptive condition in a past claim
- Are a surviving family member of a deceased veteran who was eligible for compensation
Note that a claim must be submitted for the effective date to begin on retroactive payments. If you waited to file your Agent Orange claim but are eligible for back pay, retroactive compensation will still only be available from the date your initial claim was filed, not the date you first learned of your condition.
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