Agent Orange has been linked to a number of serious medical issues. Bladder Cancer: Cancer that affects the bladder, where urine is stored. Heather joined our firm after working two legislative sessions with the Florida Senate where she drafted legislation relating to criminal law and child welfare. If you have recently received a favorable decision from the VA on your Agent Orange claim, you may think that the long fight with the department of veterans affairs is over. . Agent Orange, mixture of herbicides that U.S. military forces sprayed in Vietnam from 1962 to 1971 during the Vietnam War for the dual purpose of defoliating forest areas that might conceal Viet Cong and North Vietnamese forces and destroying crops that might feed the enemy. Effective January 1, 1989, payments made from the Agent Orange settlement fund or any other fund established pursuant to the settlement in the Agent Orange product liability litigation are excluded from income and resources. The higher your disability rating, the more money you receive in benefits each month. To access the menus on this page please perform the following steps. New Law Would Expand Agent Orange Presumptive List - Rep for Vets Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 While we still have our home base in Florida, Submit a Disability Benefits Questionnaire completed by your physician, or attend a VA claim exam, if needed, before submitting your claim. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 The Agent Orange Act of 1991 implemented under VA regulations requires duty or visitation within the Republic of Vietnam, including its inland waterways, between January 9, 1962, and May 7, 1975, to establish a presumption of Agent Orange exposure. So, it is always a good idea to have one on your side. Children who were exposed may beeligiblefor benefits. As a result, those who did not already qualify for disability benefits may now be eligible. The VA bases eligibility forVA disability compensation benefits, in part, on whether you served in a location that exposed you to Agent Orange. 20 percent disability rating: $327.99 per month. These benefits are based on several factors including the extent of your disability. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Learn more about us, Veterans Disability Claim (Special Monthly Compensation). Your 100 percent rating continues until six months after successful completion of a treatment program. You will now be able to tab or arrow up or down through the submenu options to access/activate the submenu links. Urinary Incontinence. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. The office of Sean Kendall, Attorney-at-Law, is committed to . This includes the following conditions: In order to qualify for benefits, the following conditions must become noticeable to a degree of 10 percent or more within one year of the last date of exposure to Agent Orange: There is no time limit for all other listed diseases. Do You Qualify for Long Term Disability Benefits? Agent Orange | Definition, Effects, & Victims | Britannica You can also call the Agent Orange Help Line at 1-800-749-8387 or send an e-mail to GW/AOHelpline@vba.va.gov. A Class Assistance Program, which provided funds for social services organizations and networks for the purpose of establishing and maintaining programs for the benefit of the class as a whole. In recognition of the damage Agent Orange caused, the U.S. military created a settlement fund and payment program that distributed $197 million in cash payments to eligible veterans. Thus, each area is 9.6 miles in diameter. As a result, you should be entitled to VA disability benefits. B. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. They may also be used to keep track of what [products, video, links, etc.] Local: (303) 449-4773. . Hypertension, Agent Orange, and the PACT Act - Hill & Ponton, P.A. Agent Orange is a powerful herbicide. Applications for the Payment Program had to be submitted prior to December 31, 1994. Below is a brief history. Active duty and reservist personnel who had regular contact with, Monoclonal Gammopathy of Undetermined Significance, The biological child of a woman Vietnam Veteran who served between February 28, 1961 and May 7,1945, Conceived after the date on which the Veteran first entered the Republic of Vietnam, A diagnosis for the secondary disability; and. Service requirements for presumption of Agent Orange exposure. Call Us for a Free Evaluation (888) 573-7838. . Secondary Service Connection to Agent Orange Disability Claims In regards to the initial claim, that claim does not need to have mentioned Agent Orange specifically in order to qualify as the initial claim under the Nehmer code of federal regulations rules. Why Are Poverty and Homelessness Treated Like Crimes? The VA offers health care and disability benefits for veterans who may have been exposed to Agent Orange and other herbicides during military service. The VA provides benefits to former service members who have developed disabilities related to their active duty, training, or inactive duty. Veterans who were exposed to Agent Orange can receive a presumptive service connection for hypothyroidism. Prior Employment: Canada's Secret War: Vietnam . As of December 1st, 2022 the VA disability rate benefit amounts are as follows: If your diagnosis is active cancer, VA assigns an automatic disability rating of 100 percent. Agent Orange is a mix of herbicides (plant-killing chemicals) and defoliant (a chemical used to remove leaves from plants and trees). While Agent Orange was widely used during the Vietnam War era, VA requires veterans to have served in specific locations at specific time periods to be eligible for presumptive service connection. OPEN SUN, 11AM TO 2PM. Once a disease is put on the list, it is easier to get disability compensation for it because the VA presumes the disease is a result of exposure to Agent Orange for veterans who served in Vietnam or its inland waterways between 1962 and 1975. Compensation benefits. These cookies allow the website to remember choices you make to give you better functionality and personal features. Unfortunately, Agent Orange causes a number of serious medical conditions. We know the system and will fight for your interests and dignity. You can view the current Compensation Rate Tables to determine the amount you may receive. Even if many decades passed between your exposure in military service and medical diagnosis of an associated condition, it is not too late to file a claim. Average Compensation For Agent Orange (2023 Guide) Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices If you have dependents, such as a spouse, children, or dependent parents, you can earn even more money on their behalf. February 26, 2021. During her high school years, she developed a passion for journalism and decided to combine this with her knowledge of the law. An attorney can help you to determine how much money you would likely receive based on your symptoms and conditions. Agent Orange was a tactical herbicide the U.S. military used to kill trees and shrubs providing cover and destroy food crops. Agent Orange exposure has been linked to a slew of medical conditions, including Parkinsons disease, cancer, and diabetes. Education: Competent medical evidence of a current disability. This means that VA assumes that you were exposed to Agent Orange while serving in these areas during the Vietnam War. . It is important to note that if further disease or disability results from one of the presumptive conditions associated with Agent Orange exposure, you canfile a claim for secondary service connection. During the Vietnam War, the U.S. military used a variety of herbicides to clear forests in Vietnam, including the dreaded Agent Orange. Call: 988 (Press 1), U.S. Department of Veterans Affairs | 810 Vermont Avenue, NW Washington DC 20420. VA disability back pay may be awarded when existing VA disability payments are increased, as well as for first-time ratings. . Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Additional amounts are paid to certain Veterans with severe disabilities ("special monthly compensation") and certain Veterans with dependents. As a result, many Vietnam veterans have incorrect effective dates. Click the button below to get more information. 1425 2nd Ave #303, Chula Vista, CA 91911. $40.38 increase from 2020. These cookies are necessary for the website to function and cannot be switched off in our systems. Efforts in Congress last year to add hypertension to a list of diseases linked to Agent Orange at the Department of Veterans Affairs failed, keeping Vietnam-era veterans from accessing care for high blood pressure connected to the toxic exposure. Canada and Agent Orange | The Canadian Encyclopedia A Veteran who believes he or she has a disease caused by Agent Orange exposure that is not one of the conditions listed below must show an actual connection between the disease and herbicide exposure during military service. Agent Orange is an herbicide mixture that contains a chemical called dioxin. Agent Orange: The Settlement Details you need to know This storage is often necessary for basic functionality of the web site or the storage may be used for the purposes of marketing, analytics, and personalization of the web site such as storing your preferences. Single veterans are eligible for up to $39,984 per year as of 2022, while married veterans or those with dependents are eligible for $42,214 or more. Agent Orange 1.77 to 40 ppm. The Nehmer class action came after the Agent Orange Act was passed by Congress. Cambodia at Mimot or Krek, Kampong Cham Province from April 16, 1969, through April 30, 1969. Bill Introduced in US Congress to Help Agent Orange Vietnamese Victims Agent Orange Compensation Back Pay: Blue Water Claims and Blue Water Service people stationed at certain U.S. locations in Ohio, Pennsylvania and Massachussetts in the 60s, 70s and 80s also meet criteria. Latest News on Agent Orange Compensation: PACT Act Edition Survivors also may be eligible for Dependency and Indemnity . This compensation comes from two main sources. Anyone exposed to Agent Orange is prone to developing serious health conditions. Agent Orange is a chemical herbicide and defoliant, one of the "tactical use" Rainbow Herbicides.It was used by the U.S. military as part of its herbicidal warfare program, Operation Ranch Hand, during the Vietnam War from 1961 to 1971. Compensation for Agent Orange for those who qualify is available in the form of VA disability benefits. Fortunately, the U.S. Department of Veterans Affairs (V.A.) 38 CFR 3.816 - LII / Legal Information Institute 203, San Jose, CA 95134 Agent Orange and Kidney Cancer: Risk Factors and Veterans Compensation Certain conditions qualify as presumptive, service-connected diseases. Your dependents and survivors also may be . 3.816) that apply to some veterans as a result of the Nehmer v. u.s. department of veterans affairs class-action lawsuit filed in the northern district of California (n.d. cal . Exception: Blue Water Veterans with non-Hodgkin's lymphoma may be granted service-connection without showing inland waterway service or that they set foot in Vietnam. In this May 1966 file photo, a U.S. Air Force C-123 flies low along a South Vietnamese highway spraying defoliants on dense jungle growth beside the road to eliminate ambush sites for the Viet . To get the best possible experience please use the latest version of Chrome, Firefox, Safari, or Microsoft Edge to view this website. Before you decide whether or not to appeal the decision, you will want to be sure that the VA got both the VA disability rating and the effective date correct. This data may be used to help optimize our websites and make them easier for you to navigate. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Herbicides were also used by the U.S. military to defoliate military facilities in the U.S. and in other countries as far back as the 1950s. The average compensation for Agent Orange is a 100 percent service connected VA disability rating, which is worth a minimum of $3,332.06 per month in 2022. This information is made available for educational purposes only and to provide general information and a general understanding of the law. For example, if you served in Vietnam between January 9, 1962 and May 7,1975 or on a ship in inland waters or within 12 miles of Vietnamese or Cambodian demarcation lines, you are presumed to have been exposed to Agent Orange. As mentioned above, even if a disease has not been added to the presumptive list yet, such as renal cancer, a veteran should file a claim with the veterans administration now in order to preserve the earliest possible effective date under these special Nehmer rules. She enjoyed being part of the legislative process, but she has always wanted to use her law degree to help people and has welcomed the opportunity to make a difference in the lives of veterans with her colleagues at Hill & Ponton. Contact the appropriate VA Regional Veterans who were exposed to Agent Orange in Vietnam while on active duty are eligible for disability compensation through the Department of Veterans Affairs (VA) as long as they were discharged under conditions other than dishonorable. However, you will not be presumed to qualify for benefits. To file a claim online for disability compensation, visit. Contact Us With this, Congress has demonstrated that it has the power to use the NDAA to add conditions to the presumptive list. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Those who were exposed should make sure to understand their right to benefits if they developed a serious medical condition. Our office is located at 6940 O St, Suite . Editorial Note: We earn a commission from partner links on Forbes Advisor. To be eligible for compensation under the Payment Program, Vietnam Veterans or their survivors had to establish the following: The Payment Program operated over a period of 6 years, beginning, after appeals, in 1988 and concluding in 1994. VA uses a disability rating system to assign benefits. You have a presumption of exposure if you meet at least one of these service requirements. You must have a diagnosed medical condition to be eligible for VA disability benefits. To access the menus on this page please perform the following steps. This information is not a substitute for legal advice. Heather grew up in the suburbs of St. Louis, Missouri, before moving to Denver, Colorado to attend the University of Denver. An estimated 2.4 million U.S. service members were exposed to some level of Agent Orange in Vietnam between 1962 and 1971.