Winning VA Compensation for Agent Orange Exposure

During the Vietnam War, (1962-1971), the U.S. used an Herbacide called "Agent Orange" as part of a defoliant program. Using aircraft such as the UH-1D helicopter, more than 21,000,000 gallons of Agent Orange (given this name because of the bright orange 55 gallon drums it was shipped in) was sprayed over South Vietnam.

The dioxins produced as contaminants during the production of Agent Orange are the cause of known health problems resulting from those exposed to the herbacide.

What was the purpose of Agent Orange?

By 1971, 20% of South Vietnam's jungles had been sprayed with AO.

The first objective was to reduce the foilage that provided Communist forces a cover and to deny them the use of crops needed for food.

The second objective was to clear the areas around base perimeters and to drive civilians into the controlled areas.

In the post war era, more than 400,000 deaths and disabilities were contributed to AO exposure, and over 500,000 children born with birth defects.

 Among the many medical conditions that AO exposure has been found to cause in the individual (cancer, skin diseases, Diabetes Mellitus (Type II)), it has been found that children of exposed victims have a higher rate of birth defects, most commonly Spina Bifida.  In 1997, the Veteran's Benefits act (of same year) granted benefits for children of Vietnam Veterans who were sufffering from spina bifida.

Although each case is different and treated as such, there are only a few basic requirements to qualify for VA Compensation:

(1) Have a service connected disability, and
(2) Have been discharged under honorable conditions.

#2 is easily proven one way or another.

Most often the service member has the most obstacles proving that the disability they have is service connected, unless of couse it is clearly documented in their service medical records.

Let's look at a couple of examples:

Service member was injured while on active duty (either during war time or peace time, doesn't matter), say for example they were at the firing range and their weapon misfired which resulted in injury. This accident, along with medical treatment will be documented in their military medical records.

But what about a situation (such as in my case) where a condition happend while on active duty that did not result in disability until years later?

(I was diagnosed with Meniere's Disease during my second year of a tour of duty overseas. This is well documented in my medical records, both military and a local Neurosurgeon there in Holland. It wasn't until recent years the long term damage (22 years after diagnosis) forced me to stop working. I had no problem proving my current disability was directly service connected).

If there is no documentation in your service medical records of either the current condition, or a condition that is known to cause your current condition, then it can be a very long drawn out process with your goal being to prove the service connection.

Unlike the Social Security Disability Administration, the VA works to help the veteran receive benefits due to them.

Working in the veteran's favor, the VA has developed a certain group of "Presumptive Service Connected" conditions such a "Agent Orange Exposure".

What this means is that a veteran who has devloped certain medical condition(s) (I will use Diabetes (Type II) as an example) well after leaving active duty, may be given the benefit of doubt that it is a service connected/compensatable condition even if there was never any documentation of Diabetes (Type II) in their service medical records.

Since certain medical conditions have been found to be a result of Agent Orange Exposure, a service member who began experiencing any of these conditions after leaving active duty can be eligble for VA Compensation for the condition through a Presumptive Service Connection if service records show that the service member served in the Republic of Vietnam during the years of 1/9/62 - 5/7/75.

Presumptive Service Connection:

" VA presumes that specific disabilities diagnosed in certain veterans were caused by their military service. VA does this because of the unique circumstances of their military service. If one of these conditions is diagnosed in a veteran in one of these groups, VA presumes that the circumstances of his/her service caused the condition, and disability compensation can be awarded. "

Vietnam Veterans

(Exposed to

Agent Orange)

Served in the Republic of Vietnam between 1/9/62 and 5/7/75:

(These conditions are presumed to be service connected for Vietnam Veterans who served in the the above location during the specific time frame)

· chloracne or other acneform disease similar to chloracne*

· porphyria cutanea tarda*

· soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma or mesothelioma)

· Hodgkin's disease

· multiple myeloma

· respiratory cancers (lung, bronchus, larynx, trachea)

· non-Hodgkin's lymphoma

· prostate cancer

· acute and subacute peripheral neuropathy*

· type 2 diabetes

· chronic lymphocytic leukemia

*Must become manifest to a degree of 10 percent or more within a year after the last date on which the veteran was exposed to an herbicide agent during active military, naval, or air service.

If you or anyone you know is a veteran of the Vietnam war and has any of the listed medical conditions (see links below), and have been denied VA Compensation, please don't give up. I have seen all too often where a service member files for compensation, supported by little information only to receive a denial and leave it at that.

While the VA really is a veteran's friend, they have literally thousands of claims to process and can not take time in most cases to put 2 and 2 together for the service member. If the service member only states "I am filing for compensation because I have diabetes", the claims processor may very well deny it and move on to the next claim simply because they can only approve if given supported information. They can not (in most cases) research the service member's military background.

This is why it is important to back up your claim with helpful information/documentation.

That same service member would have met with more positive results had their claim included:

"I am filing for VA compensation based on the fact that I have Diabetes (Type II), which is associated with exposure to Agent Orange. As my service records show, I served in South Vietnam during 1965 -1967 during the use of AO. I am enclosing medical records from my family physician confirming my medical condition. My request for VA Compensation for Diabetes (Type II) is supported by the Presumptive Service Connection".

You've now given them information supporting your claim, possibly making it easier for them to reference and make a more favorable choice.

I would also strongly suggest that the service member seek the advice and help of their county VA Representative who is trained in filing claims and providing support and assistance to all veterans. They have the experience to make sure your claim includes necessary information before filing. Their service is free and you are not limited to your county, you may seek out any VA representative or local VFW Volunteer with experience in helping with this sort of thing!

http://www.vba.va.gov/bln/21/benefits/Herbicide/

http://www.vba.va.gov/bln/21/Benefits/Herbicide/AOno1.htm