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. U.S. Department of Veterans Affairs | 810 Vermont Avenue, NW Washington DC 20420. You were involved in transporting, testing, storing, or other uses of Agent Orange during your military service, You were assigned as a Reservist to certain flight, ground, or medical crew duties at one of thelocations listed here. The rates range from $144.14 a month for 10 percent disability to $3,146.42 per month for 100 percent disability. What is the average compensation for Agent Orange? Please switch auto forms mode to off. Local: (303) 449-4773. . This compensation comes from two main sources. Why Are Poverty and Homelessness Treated Like Crimes? The higher your disability rating, the more money you receive in benefits each month. In order for VA to grant secondary service connection, veterans must demonstrate the following: Examples of common secondary conditions related to Agent Orange exposure, including peripheral neuropathy as secondary to diabetes mellitus type II and depression as secondary to cancer. . Agent Orange Diseases and Symptoms Breakdown! Agent Orange exposure is presumed if a Veteran was in Vietnam from January 9, 1962 until May 7, 1975. Recently, the Honoring Our Promise to Address Comprehensive Toxics Act (PACT Act) of 2021 expanded Agent Orange presumptions to include additional locations and time periods. The substance was banned in 1971. It is a mixture of equal parts of two herbicides, 2,4,5-T and 2,4-D.In addition to its damaging environmental effects, traces of dioxin (mainly TCDD, the most . 988 (Press 1). SMC benefits are amounts paid on top of a 100 percent disability rating when certain conditions are present as well. She earned her JD from UCLA School of Law and was an adjunct professor at the start of her career, teaching paralegal studies and related courses. 3518, the Victims of Agent Orange Relief Act of 2021, in the House of Representatives. Will the VA Pay Back to My Effective Date? . For questions regarding VA benefits, call the VA toll-free number at 1-800-827-1000. Our firm was founded in 1986 in Orlando, Florida. For example, a veteran may develop depression due to an Agent Orange service-connected cancer, or a service-connected diabetes mellitus could lead to peripheral neuropathy. Instead, you will need to provide proof that Agent Orange exposure while you were in the military was a direct cause of illness or injury. 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. During this period, these organizations assisted over 239,000 Vietnam Veterans and their families. The Forbes Advisor editorial team is independent and objective. Presumptive Conditions Related to Agent Orange. The United States has been involved for more than two decades in a controversy over the military use of herbicides in Vietnam during the Vietnam era. Dunn, the Arkansas veteran, said he is in touch with 16 men in his squadron, four have Type 2 diabetes. In order to qualify, the children must be: Depending on the severity of your disability, you can receive as much as$3,621.95 per month as a single person. The VA pays disability compensation to Vietnam veterans with injuries or diseases that began in, or were aggravated by, their military service. Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged about $3,800 each. At that time, VA requires you undergo another evaluation to determine the current status of your diagnosis. (CRMLS) For Sale: 2 beds, 2 baths 1440 sq. By using our website, you agree to the use of certain cookies. $40.38 increase from 2020. The Vietnam Agent Orange Relief . Thepurposeis to alert Veterans to possible long-term health problems that may be related to Agent Orange exposure during their military service.. You must provide your name, e-mail address, telephone and/or fax number, and VA file number/Social Security Number. The Veterans Health Administration's Public Health website lists these diseases VA presumes are associated with exposure to Agent Orange or other herbicides during military service: If you are seeking service connection for one of the diseases VA presumes is associated with exposure to herbicides during service, VA requires the following: If you believe that you have a disease caused by herbicide exposure, but that disease is not on the list of diseases associated with Agent Orange, you may still apply for service-connection. 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. The new decision addressed that 2002 policy change and decided that Agent Orange presumptive condition back pay should indeed be extended to Blue Water Navy veterans. 20 percent disability rating: $327.99 per month. A variety of other types of military service can also make you eligible for compensation. For example, various cancers are a common consequence of exposure. In this situation, do not file a new claim. If you did not serve during these designated times, or if you have a different medical condition that is not included on the list of linked conditions, this does not necessarily mean you will not be eligible for benefits. Many Veterans who were exposed to Agent Orange and other related herbicides in Vietnam, Korea, Thailand, or other locations later developed bladder cancer due to their service. The program stopped accepting applications in 1994, though. OPEN SUN, 11AM TO 2PM. considers that any related condition has a direct connection to your service if you were exposed to the toxin. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 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. Even if you did not serve in Vietnam or the Korean demilitarized zone during the specified time periods, you can still apply for disability compensation if you were exposed to an herbicide while in the military and believe it led to the onset of a disease. Essentially, this means that if you are diagnosed with one of these conditionsandcan indicate that you were exposed to Agent Orange during your service, VA will presume that your condition is service connected. Essentially, Congress bypassed VA to add these conditions to the presumptive conditions list and, by statute, determined that there is a link between Agent Orange exposure and bladder cancer, Parkinsons-like symptoms, and hypothyroidism. To access the menus on this page please perform the following steps. Today, veterans who receive financial assistance as a result of Agent Orange connected medical issues generally get their compensation in the form of disability benefits. 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. Unfortunately, research later showed the herbicide was highly toxic to anyone who came in proximity to it. In addition, if the veteran dies before his initial claim is re-decided under Nehmer, the VA still must decide the claim and pay, in priority order, his spouse, children of any age, his parents, or his estate. Prior Employment: 7 Things Every Veteran Should Know About Agent Orange Video, This website adheres to the W3Cs AA Accessibility guidelines. Unfortunately, many military members were exposed prior to the ban and have developed various medical conditions including many types of cancer as a result. Veterans interested in applying for disability compensation under one of the three new Agent Orange presumptives should click here or call (800) 827-1000. In addition to writing for the web, she has also designed educational courses and written textbooks focused on a variety of legal subjects. The U.S. Department of Veterans Affairs (VA) recently announced they will put into effect legislation to provide health care and benefits for veterans who served in the military in Southwest Asia with Parkinsonism related to Agent Orange exposure. Have you been affected by Camp Lejeune water contamination? Agent Orange was a powerful herbicide used by U.S. military forces during the Vietnam War to eliminate forest cover and crops for North Vietnamese and Viet Cong troops. Veterans Crisis Line: In simplest terms, if a veteran filed his first claim for an Agent Orange-related diseasebeforethe VA added the disease to the presumptive list, the effective date of his claim (provided the disease eventually gets added to the list) is usually the date of the first claim. ft. home is a 2 bed, 2.0 bath property. There is a host of medical conditions that are typically associated with Agent Orange. An attorney can help you to determine how much money you would likely receive based on your symptoms and conditions. yet assertive representation for our clients. B. In these cases, VA requires all of the following: Monthly payment rates are based on the Veteran's combined rating for his or her service-connected disabilities. A common misconception is that the VA will grant back pay all the way to the date of your injury or when your disability began. Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged . She realized that she can make her voice heard to the masses through legal journalism. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. During her high school years, she developed a passion for journalism and decided to combine this with her knowledge of the law. The VA bases eligibility forVA disability compensation benefits, in part, on whether you served in a location that exposed you to Agent Orange. 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. U.S. Department of Veterans Affairs | 810 Vermont Avenue, NW Washington DC 20420. exposure to herbicides in a location other than the Vietnam or the Korean demilitarized zone. The VA will compensate you for some of the time that you were disabled but did not receive monthly benefits. Studieshave indicated that Agent Orange exposure has led to increased rates of stillbirths andbirth defects in the childrenof veterans who were exposed to Agent Orange. 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. These cookies do not store any personal information. Anyone exposed to Agent Orange is prone to developing serious health conditions. Medical researchers have linked Agent Orange to ahost of health conditions. Attention A T users. The U.S. Department of Veterans Affairs (VA) backlog of Agent Orange . MLS # NJOC2013144 Certain conditions qualify as presumptive, service-connected diseases. By continuing to use our website, you agree to these updates. Because this Act made it easier to qualify, those who may not have been successful in getting compensation in the past should talk with an experienced attorney to find out what is the average compensation for Agent Orange in 2022 and whether they might be eligible for benefits. It was not until later that the U.S. Army realized the potency of the product and discovered the direct link between Agent Orange and the debilitating sickness that many Vietnam War vets were mysteriously experiencing. 877-222-8387, TDD (Hearing Impaired) Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Your 100 percent rating continues until six months after successful completion of a treatment program. Is There a Test for Agent Orange Exposure? Additionally, in July 2022, the PACT Act added hypertension and monoclonal gammopathy of undetermined significance (abnormal protein in the blood) to VAs presumptive Agent Orange list. Once such veterans are identified, the VA must re-decide their claims based on the new regulation and allow the veterans to submit new evidence. This includes both time on land and time aboard a ship that operated in the Vietnam waterways. Determining average compensation isnt possible or useful since your compensation will be based on how severely you were affected by exposure. 40 percent disability rating: $731.86 per month. Please switch auto forms mode to off. Canada's Secret War: Vietnam . Those exposed to Agent Orange (or what the VA terms "other herbicides") as part of their military duty may qualify for: VA Health care benefits. "Agent Orange" refers to a blend of tactical herbicides the U.S. military sprayed in the jungles of Vietnam and around the Korean demilitarized zone to remove trees and dense tropical foliage that provided enemy cover. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 2 Baths. However, if you have dependents, this amount will be even higher. We will do our best to respond within a reasonable amount of time (usually 3 to 10 workdays). There are a few things the VA takes into consideration with disability compensation and VA disability back pay related to it: Before we discuss the Nehmer adjudication and the resulting effective date rules, it is helpful to understand the basics of the Nehmer class action itself. Office of Accountability & Whistleblower Protection, Training - Exposure - Experience (TEE) Tournament, Outreach, Transition and Economic Development Home, Warrior Training Advancement Course (WARTAC), Staff Appraisal Reviewer (SAR) Information, How to Apply for Nonsupervised Automatic Authority, VALERI (VA Loan Electronic Reporting Interface). 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. Some reports indicate the U.S. military was aware Agent Orange could be harmful but did not take precautions to limit exposure. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 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 exact payments are as follows: 10 percent disability rating: $144.14 per month. VA Secretary Denis McDonough speaks with VA medical center employees in Washington, D.C. (photo via VA.gov) For tens of thousands of Vietnam veterans entitled to long-sought benefits connected to toxic exposure, recent statements . 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. 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. Two years later, in 1991, the parties reached a final stipulation as to how the VA would treat class members if the VA added new regulations in the future which added diseases to the presumptive list. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Nehmer v. U.S. Department of Veterans Affairs Agent Orange Lawsuit. While we still have our home base in Florida, 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. Veterans can, however, receive fair compensation. These cookies collect information about how you use our website. VA may also pay benefits based on exposure to herbicides for the following categories: When you work with an accredited VSO and provide all the necessary evidence with your application, you can get a decision on your claim in 30 days or less. This could potentially lead to more conditions being added to the list in the future. Save. If the arthritis claim became final in 1999, and the veteran filed a new claim for ischemic heart disease in 2010 when the disease was added to the presumptive list, theeffective date for his claim goes backto 1998, even though the initial claim was not for ischemic heart disease. Heather Staskiel, Attorney Updated: January 9, 2023. . Agent Orange exposure does not end with the veteran, but rather Agent Orange exposure may also contribute to birth defects in veterans children. When a Nehmer class member dies prior to receiving retroactive payments under this section, VA will pay the amount to an identified payee in . To enter and activate the submenu links, hit the down arrow. there must be a significant amount of scientific evidence linking the illness to Agent Orange exposure. Agent Orange is a powerful herbicide. As a result, the process can take some time. University of Denver, B.A. The last, and perhaps most important step in the process is connecting your diagnosis to Agent Orange. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 (b) Amounts. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 $612.40 (Veteran with 1 Parent and 1 Child) + $29.35 (additional child 1) + $29.35 (additional child 2). You served in or near the Korean DMZ for any length of time between September 1, 1967, and August 31, 1971. How Does VGLI Compare to Other Insurance Programs? Without these cookies, services you have asked for cannot be provided. 988 (Press 1). As a result, those who did not already qualify for disability benefits may now be eligible. If you, your spouse, or a parent was exposed to Agent Orange during their military service and developed cancer or another medical condition listed below, you may be entitled to compensation of up to $39,000 per year in tax-free VA benefits. The herbicide was primarily used in the Vietnam War, although it was also used in other military operations as well. This article highlights the eligibility criteria and important information for filing a claim for benefits. To find the amount payable to a 70% disabled veteran with a spouse and four children, one of whom is over 18 and attending school, take the 70% rate for a veteran with a spouse and 3 children, $ 1642.71, and add the rate for one school child, $182.00. After the war, many of the troops who were exposed to the chemical started to suffer from similar health issues. Call today at 800-544-9144. . Perhaps the most complicated issue when it comes to Agent Orange exposure and herbicide exposure-related claims is the special effective date rules (found in 38 C.F.R. Your dependents and survivors also may be eligible for benefits. The amount of money the V.A. The same applies to veterans who served in or near the Korean demilitarized zone between 1968 and 1971. Contact our office to request a free, no-obligation consultation. So, if you have one of the medical conditions mentioned above that are linked to the chemical, you should be entitled to VA disability benefits. To file a claim online for disability compensation, visit. Agent Orange can also increase the risk of hypertension . Call us at (888) 573-7838 or use fill out a quick contact form to talk about how Agent Orange exposure has impacted your long-term health. Our experienced legal team is committed to helping Veterans exposed to Agent Orange receive full compensation for their service-connected disabilities. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 See: Other Veterans whose duty outside of Vietnam involved the direct handling of Agent Orange. Read about Agent Orange claim. Research has demonstrated that it can remain toxic in the soil for decades. VA uses a disability rating system to assign benefits. Please call for an appointment before visiting: Mail Processing Center: P.O. By: Kevin Lilley. A new law would expand the Agent Orange presumptive list, making easier for vets to qualify for disability compensation related to exposure during service. These cookies are essential so that you can move around the website and use its features. Agent Orange was a tactical herbicide the U.S. military used to clear leaves and vegetation for military operations mainly during the Vietnam War. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. These cookies may be set through our website by our advertising partners. you viewed to avoid repetition. the mixture of herbicides produced trace amounts of the dioxin TCDD the most toxic and dangerous dioxin. If your military records show you served in a qualifying location during the Vietnam era, VA will grant service connection on a presumptive basis. 3. Veterans exposed to Agent Orange in Vietnam have put up a long hard fight trying to get the VA disability benefits they deserve. Our attorneys are ready to start building your case. This is also known as VA Disability back pay. 4 Orange Ave , Manahawkin, NJ 08050-4922 is a single-family home listed for-sale at $159,900. Contact the appropriate VA Regional 275 S Worthington St #113, Spring Valley, CA 91977. However, if you are considering filing an initial claim, or even if you are interested in learning about the appeals process, we offer a free ebook to get you started on the right foot! . Veterans who were exposed to Agent Orange may have certain related cancers or other illnesses. Getting Veterans (VA) Disability for Agent Orange Diseases, Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School, Honoring Our Promise to Address Comprehensive Toxics Act (PACT Act) of 2021. Daniel Crawford sprayed and mixed 2,4,5-T, an ingredient in Agent Orange, as a part of his job with Ontario Hydro. VA disability back pay may be awarded when existing VA disability payments are increased, as well as for first-time ratings. you will receive $3146.42. Vets exposed to agent orange chemical during the Vietnam war and suffering from conditions may qualify for benefits. He . Regular professional contact with C-123 aircraft between 1969 and 1986. Prior to July 1, 2004, interest earned by conserved Agent Orange settlement payments is not excluded from income. 7031 Koll Center Pkwy, Pleasanton, CA 94566. The chemical was sprayed at more than 20 times the manufacturers recommended concentration dose during the Vietnam War, causing millions to become ill or to deliver children with serious birth defects. Heather grew up in the suburbs of St. Louis, Missouri, before moving to Denver, Colorado to attend the University of Denver. Bar Association Memberships: Education: February 26, 2021. In Agent Oranges case, however, the V.A. So, it is always a good idea to have one on your side. 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. Any U.S. or Royal Thai military base in Thailand from January 9, 1962, through June 30, 1976. Those who were exposed should make sure to understand their right to benefits if they developed a serious medical condition. Berry Law Firm works with veterans nationwide who do not receive proper Agent Orange-related disability benefits. 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. 1425 2nd Ave #303, Chula Vista, CA 91911. VA Disability Compensation (all discharges qualify except Dishonorable) VA benefits for qualifying dependent children with Agent Orange-related birth defects. Florida Bar On September 27, 1997, the District Court ordered the Fund closed, its assets having been fully distributed. 5121(c) and 3.1000(c) requiring survivors to file claims for accrued benefits do not apply to payments under this section. If you are in crisis or having thoughts of suicide, Have Questions About Appealing Your Claim or Understanding How the Claims Process Works? As you can see, these special Nehmer effective date rules are very technical and are something that the u.s. department of veterans affairs gets wrong a lot, so it is always important to double-check the effective date of such a claim to make sure it is correct or you may be missing out on many years of retroactive benefits. How To Find The Cheapest Travel Insurance. During its operation, the Settlement Fund distributed a total of $197 million in cash payments to members of the class in the United States. Appoint and work with an accredited Veterans Service Organization (VSO), Gather all relevant and required evidence to support your claim, and. They may also be used to keep track of what [products, video, links, etc.] 30 percent disability rating: $508.05 per month. Start an offer. What Medical Conditions Does Agent Orange Cause? Based on the severity of your condition, it assigns you a rating of 0 to 100 percent. visit VeteransCrisisLine.net for more resources. 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. Website Hosting & Management by Mays & Associates, March Letters to Jim: The Mount Rushmore of Women Singers and Rail Disasters. Used Outside of Vietnam. For more information on how to apply and for tips on making sure your claim is ready to be processed by VA, visit our How to Apply page. To find an accredited VSO near you, go to Get Help Filing Your Claim Or Appeal | Veterans Affairs (va.gov). Compensation for Agent Orange for those who qualify is available in the form of VA disability benefits. 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. Bar Admissions: Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. You will now be able to tab or arrow up or down through the submenu options to access/activate the submenu links. This means that VA assumes that you were exposed to Agent Orange while serving in these areas during the Vietnam War. Aboard a U.S. military vessel that operated in the inland waterways of Vietnam, On a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia. A lawyer could also assist you if you need to appeal an unfavorable decision. San Jose, CA: 2880 Zanker Road, Ste. The effects of Agent Orange can take years to appear. Heather joined our firm after working two legislative sessions with the Florida Senate where she drafted legislation relating to criminal law and child welfare. Service people stationed at certain U.S. locations in Ohio, Pennsylvania and Massachussetts in the 60s, 70s and 80s also meet criteria. Call Us for a Free Evaluation (888) 573-7838. . The U.S. military used it to defoliate swaths of land in Thailand, Vietnam, and Korea. VA adds new conditions to the list periodically. When you visit web sites, they may store or retrieve data in your web browser. No matter where you are, our claims agents can help you secure the benefits (and backpay) you've earned. We have updated our Privacy Policy. You will now be able to tab or arrow up or down through the submenu options to access/activate the submenu links. 3. visit VeteransCrisisLine.net for more resources. Perhaps the most complicated issue when it comes to Agent Orange exposure and herbicide exposure-related claims is the special effective date rules (found in 38 C.F.R. That Fund, created as a result of a private class action lawsuit settlement, involved neither VA nor any other executive branch agency of the Federal government. For instance, which pages you go to most. You may also use VAs Decision Ready Claim (DRC) program. Surviving spouses, dependent children and dependent parents of Veterans who were exposed to Agent Orange and died as the result of diseases related to Agent Orange exposure may be eligible for a monthly payment called Dependency and Indemnity Compensation. Office of Accountability & Whistleblower Protection, Training - Exposure - Experience (TEE) Tournament, Military Exposure Related Health Concerns, War Related Illness & Injury Study Center, Clinical Trainees (Academic Affiliations), https://www.publichealth.va.gov/exposures/agentorange/locations/thailand.asp, https://www.benefits.va.gov/compensation/agentorange-c123.asp, How To File A VA Disability Claim | Veterans Affairs, Get Help Filing Your Claim Or Appeal | Veterans Affairs (va.gov), Bile Duct Cancer and Liver Fluke Infection, Call TTY if you The provisions of 38 U.S.C. You can find your regional office on our. It then re-rates you based on the result. A veteran benefits attorney can help you sort through all the paperwork so that you can get your benefits sooner. To help support our reporting work, and to continue our ability to provide this content for free to our readers, we receive compensation from the companies that advertise on the Forbes Advisor site. Agent Orange is a mix of herbicides (plant-killing chemicals) and defoliant (a chemical used to remove leaves from plants and trees). Christy Bieber is a personal finance and legal writer with more than a decade of experience.