Agent Orange Va Compensation
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. If the VA denied a claim many years ago, it may be able to be re-opened.
Agent Orange Exposure: A Must Read For Every Vietnam
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Our full understanding of the health impacts of Agent Orange has expanded over the years. So, too, has the VAs official position on which diseases are caused by Agent Orange, and who is eligible for disability benefits. Yet 50 years since the end of the Vietnam War, some veterans are still waiting to get benefits for Agent Orange exposure.
In 2021, three new conditions bladder cancer, hypothyroidism, and Parkinsonism were added to the Agent Orange presumptive benefits list. That increased the disability payments of thousands of Vietnam-era veterans. But hypertension and dementia, which researchers say are connected to Agent Orange exposure, are not yet compensable conditions.
In 2020, a Congressional Act made Blue Water Navy veterans eligible for Agent Orange benefits. The VA had previously denied these veterans, who operated along Vietnams waterways. Veterans who served in Thailand and reservists who handled Agent Orange on a handful of U.S. Air Force bases are also presumed to have been exposed. One site of toxic exposure that still goes unacknowledged is Guam. Vietnam-era veterans stationed in Guam used Agent Orange to clear brush around bases. And despite suffering from the same raft of illnesses as their counterparts in Vietnam, these veterans arent granted the same presumption of service-connection.
How Do I Get Disability For Agent Orange Exposure
The most important part of our job as your VA disability attorneys is establishing that exposure to Agent Orange caused your medical condition. To build a compelling case, our team at Chisholm Chisholm & Kilpatrick LTD will prove the following:
You were exposed to Agent Orange during your service in the U.S. military.
We can do this in a few ways. If your military records show you served in a qualifying location during the Vietnam era, VA will grant service connection on a presumptive basis. This means that VA assumes that you were exposed to Agent Orange while serving in these areas during the Vietnam War.
However, even if VA does not presume a connection to service, we can help you recover benefits if you served somewhere else. The right combination of evidence, medical and service records, lay testimony, and legal argument could win your case.
You later received a medical diagnosis of cancer or another qualifying illness.
You must have a diagnosed medical condition to be eligible for VA disability benefits. If doctors diagnosed you with any of the medical conditions on the list above, we will gather the documentation from your doctor or medical professional that we need to submit to VA.
Your illness resulted from your exposure to Agent Orange.
We can interview medical doctors and experts, examine scientific studies, and perform other steps to build the strongest case that Agent Orange caused your condition.
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Can I Get Agent Orange Compensation Back Pay
Yes, you can get back pay for Agent Orange, although the amount of back pay depends on many factors.
When awarding service connection for a disability under 38 CFR 3.309, different provisions allow for assignment of an effective date.
In such cases, consider each effective date rule and assign the most advantageous effective date that applies for the facts of the case.
VA Raters use the table below to determine which effective date rule may apply to an award of service connection for an Agent Orange presumptive disability.
Proliferating Angioendotheliomatosis Dc 5329
Angioendotheliomatosis proliferans systemisata is a rare disease entity characterized by a predominantly intravascular proliferation of tumor cells.
The most common type is the malignant form , which is an angiotropic intravascular malignant B-cell lymphoma.
Medical research has found evidence of a positive association between Proliferating angioendotheliomatosis and exposure to Agent Orange.
The VA rates Proliferating angioendotheliomatosis under CFR 38, Part 4, VA Schedule of Ratings, Diagnostic Code 5329, Sarcoma, soft tissue .
The VA rating for Proliferating angioendotheliomatosis due to Agent Orange is 100 percent.
What is the VA rating for Proliferating angioendotheliomatosis cancer due to Agent Orange exposure?
- Proliferating angioendotheliomatosis, soft tissue cancer rate at 100%.
Note: A rating of 100 percent shall continue beyond the cessation of any surgery, radiation treatment, antineoplastic chemotherapy, or other therapeutic procedures. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105. If there has been no local recurrence or metastasis of Proliferating angioendotheliomatosis, rate on residual impairment of function.
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Hypertension And Agent Orange Exposure
Health advocates have long maintained that there is a strong link between hypertension, more commonly known as high blood pressure, and Agent Orange exposure. But its not on the presumptive list of diseases and conditions that are automatically presumed to be connected to service in Vietnam. As of this writing, veterans exposed to Agent Orange who have high blood pressure are required to pass an additional bureaucratic hurdle by proving direct service-connection.
The True Cost of War Recognition Act, introduced by Congress in May of 2021, aims to address the long-term effects of burn pits, the post-9/11 generations Agent Orange. The bill would also help Vietnam veterans who suffer from high blood pressure. If passed, high blood pressure would be presumed to be service-connected, allowing an estimated 160,000 veteransto qualify for additional disability benefits.
There is no shortage of research showing a link between Agent Orange exposure and hypertension. VA officials maintain that more evidence is needed. One reason hypertension has remained off the presumptive list may be the price tag. If/when hypertension is added to the list, the VA would be paying out as much as $15 billion in new disability payments to veterans.
Malignant Granular Cell Tumor Dc 5329
A Malignant granular cell tumor is a rare type of soft tissue cancerous tumor that usually begins in Schwann cells .
While it can occur anywhere in the body, it usually occurs in or under the skin of the head and neck, especially the mouth or tongue.
Malignant granular cell tumors may also occur in the chest, breast, esophagus, stomach, or other internal organ.
Medical research has found evidence of a positive association between Malignant granular cell tumor and exposure to Agent Orange.
The VA rates Malignant granular cell tumor under CFR 38, Part 4, VA Schedule of Ratings, Diagnostic Code 5329, Sarcoma, soft tissue .
The VA rating for Malignant granular cell tumor due to Agent Orange is 100 percent.
What is the VA rating for Malignant granular cell tumor cancer due to Agent Orange exposure?
- Malignant granular cell tumor, soft tissue cancer rate at 100%.
Note: A rating of 100 percent shall continue beyond the cessation of any surgery, radiation treatment, antineoplastic chemotherapy, or other therapeutic procedures. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105. If there has been no local recurrence or metastasis of Malignant granular cell tumor, rate on residual impairment of function.
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What Is A Presumptive Disability For Agent Orange Exposure
A presumptive disability for Agent Orange exposure is one that the VA presumes to be service-connected, even if theres no specific Nexus for service connection.
Presumptive disability for Agent Orange works like this: If you served at X location during the qualifying period and developed Y condition as a result, then X + Y = automatic service connection.
Instead of having to prove a service connected disability, you only need show with your DD 214 that you were deployed to an eligible location for Agent Orange Exposure during a specific period, andthat you developed a qualifying condition as a result.
We also recommend you write and submit a strong personal Statement in Support of a Claim.
Buddy letters, written by a first-hand witness, can be helpful to fill-in gaps in your service treatment records and military personnel records.
Diseases Caused By Agent Orange
Although there may be other conditions and Agent Orange side effects that stem from your exposure to the herbicide, the following are some of the most common ones that qualify for disability compensation with a presumptive connection from the VA. If you believe your application for disability benefits has been wrongly denied, you should contact a VA disability attorney for help.
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Bladder Cancer Dc 7528
Bladder cancer is a common type of cancer that begins in the cells of the bladder.
The bladder is a hollow muscular organ in your lower abdomen that stores urine.
Bladder cancer most often begins in the cells that line the inside of your bladder.
Medical research has found evidence of a positive association between Bladder cancer and exposure to Agent Orange.
The VA rates Bladder cancer under CFR 38, Part 4, VA Schedule of Ratings, Diagnostic Code 7528, Malignant neoplasms of the genitourinary system
The VA rating for Bladder cancer due to Agent Orange is 100 percent.
What is the VA rating for Bladder cancer due to Agent Orange exposure?
- Bladder cancer rate at 100%.
Note: Following the cessation of surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure, the rating of 100 percent shall continue with a mandatory VA examination at the expiration of six months. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105. If there has been no local reoccurrence or metastasis, rate on residuals of Bladder cancer as voiding dysfunction or renal dysfunction, whichever is predominant.
Medical Research: A 2014 National Academy of Sciences study reported that epidemiologic data was suggestive of an association between bladder cancer and Agent Orange exposure, based on evidence that higher levels of exposure are associated with an approximately two-fold increase in death from bladder cancer.
What Conditions Do Not Qualify For The Agent Orange Presumptive List
Under the Agent Orange Act of 1991, the VA receives from NAS periodic reviews and summaries of the scientific evidence concerning the association between exposure to herbicides and diseases suspected to be associated with those exposures.
Based on cumulative scientific data reported by NAS since 1993, the VA has determined that a positive association does not exist between herbicide exposure and the following conditions and that a presumption of service connection is not warranted for any of the conditions:
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Talk To Our Prostate Cancer Veterans Disability Benefits Lawyers For Free
As a veteran with prostate cancer you may have questions and concerns. The veterans disability lawyers at Woods and Woods want to answer your questions and help put your mind at ease.
- You only pay our prostate cancer veterans disability benefits lawyers if you win your claim.
- Our VA disability compensation lawyers have filed thousands of claims with the VA.
- If you do not obtain VA benefits, you do not owe us a penny.
- Our fee is a percentage of VA disability back pay and case expenses.
- Since 1985, Woods and Woods has successfully represented thousands of disabled veterans.
- We have teams of doctors, veterans disability benefits lawyers, case managers, case analysts, and support staff who will work on your claim.
Woods & Woods offers free prostate cancer veterans disability benefits claim evaluations. Give us a call and talk about your legal options at no cost to you. Ask us all the questions you have about prostate cancer veterans disability benefits and well answer them for free. Remember, our Agent Orange disability benefits attorneys are here to help veterans get the benefits they earned.
Bronchial Cancer Dc 6819
Bronchogenic cancer is any type or subtype of lung cancer.
The term was once used to describe only certain lung cancers that began in the bronchi and bronchioles, the passageways to the lungs.
However, today it refers to any type.
Medical research has found evidence of an association between Bronchial cancer and exposure to Agent Orange.
The VA rates Bronchial cancer under CFR 38, Part 4, VA Schedule of Ratings, Diagnostic Code 6819, Neoplasms, malignant, any specified part of respiratory system exclusive of skin growths.
The VA rating for Bronchial cancer due to Agent Orange is 100 percent.
What is the VA rating for Bronchial cancer due to Agent Orange exposure?
- Bronchial cancer rate at 100%.
Note: A 100 percent VA rating for Bronchial cancer shall continue beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy, or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105. If there has been no local recurrence or metastasis, rate on residuals.
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What Is Prostate Cancer
Cancer occurs when cells in the body grow out of control. Prostate cancer occurs when the cells grow out of control in the prostate gland specifically. The prostate gland is below the bladder and behind the seminal vesicles, which make most of the fluid for semen. The prostate also makes some of the fluid that is part of semen.
Nearly all forms of prostate cancer are adenocarcinomas. Adenocarcinomas can develop from gland cells. There are multiple types of other cancers which may start in the prostate, however, including: small cell carcinomas, neuroendocrine tumors, transitional cell carcinomas, and sarcomas. Often, prostate cancer grows slowly, but some forms may grow quickly and spread.
Malignant Schwannoma Dc 5329
Malignant schwannomas are rare sarcomas that arise from the sheath of Schwann surrounding peripheral nerve fibers.
These tumors may arise spontaneously in adult patients or may occur with reportedly increased frequency in patients with neurofibromatosis Type I.
The tumors have had a reputation for malignancy with rapid metastasis, especially when they arise in relation to neurofibromatosis.
Medical research has found evidence of a positive association between Malignant schwannomas and exposure to Agent Orange.
The VA rates Malignant schwannoma under CFR 38, Part 4, VA Schedule of Ratings, Diagnostic Code 5329, Sarcoma, soft tissue .
The VA rating for Malignant schwannoma due to Agent Orange is 100 percent.
What is the VA rating for Malignant schwannoma cancer due to Agent Orange exposure?
- Malignant schwannoma, soft tissue cancer rate at 100%.
Note: A rating of 100 percent shall continue beyond the cessation of any surgery, radiation treatment, antineoplastic chemotherapy, or other therapeutic procedures. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105. If there has been no local recurrence or metastasis of Malignant schwannoma, rate on residual impairment of function.
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Retroactive Agent Orange Va Compensation Benefits
If you are a Vietnam veteran who served in-country or in blue water and you have cancer or one of the conditions listed above but your previous claim was denied, contact us right away. If your claim was denied but your disease was later added to the list of presumptive conditions, you may be able to re-file your claim and receive benefits back to the date you first filed it in the 1980s!
Similarly, if you were married to a Vietnam veteran at the time of his or her death , or are an adult child or parent of Vietnam veteran that has passed away, you may be able to re-open the denied claim if the veteran had cancer or one of the other conditions listed above and receive retroactive VA compensation benefits back to the date of the original claim that was denied.
Porphyria Cutanea Tarda Dc 7815
Porphyria cutanea tarda is a rare skin disorder characterized by painful, blistering skin lesions that develop on sun-exposed skin.
Affected skin may peel or blister.
Medical research has determined there is evidence of an association between Porphyria cutanea tarda and exposure to Agent Orange.
The VA rates Porphyria cutanea tarda under CFR 38, Part 4, VA Schedule of Ratings, General Rating Formula for the Skin, Diagnostic Code 7815, Bullous disorders , and porphyria cutanea tarda).
This condition is either rated under the basic rating system for skin conditions or as scars/disfigurement, whichever best describes the disability.
VA Ratings for Porphyria cutanea tarda due to Agent Orange exposure range from 10 percent to 60 percent with a break at 30 percent.
What are the VA ratings for Porphyria cutanea tarda due to Agent Orange?
The 60% rating for Porphyria cutanea tarda must include symptoms of at least one of the following:
- Characteristic lesions involving more than 40 percent of the entire body, or more than 40 percent of exposed areas affected, or
- Constant or near-constant systemic therapy including, but not limited to, corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, psoralen with long-wave ultraviolet-A light , or other immunosuppressive drugs required over the past 12-month period.
The 30% rating for Porphyria cutanea tarda must include symptoms of at least one of the following:
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How To Qualify For Agent Orange Presumptive Service Connection
To qualify, a veteran must show:
- military service in Vietnam during the period of January 9, 1962 to May 7, 1975
- current diagnosis of:
- one of the diseases, or residuals of one of the diseases, that the VA recognizes as linked to Agent Orange exposure
- the recognized disease is rated at least 10% or higher, and
- for certain diseases, the illness developed within a certain time period after the last day of service in Vietnam.