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. Some reports indicate the U.S. military was aware Agent Orange could be harmful but did not take precautions to limit exposure. Education: How Much Life Insurance Do You Really Need? You will now be able to tab or arrow up or down through the submenu options to access/activate the submenu links. 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. 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 office of Sean Kendall, Attorney-at-Law, is committed to . Those who were exposed should make sure to understand their right to benefits if they developed a serious medical condition. The active ingredient, dioxin, proved to be dangerous and the substance was banned. 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. Call Us for a Free Evaluation (888) 573-7838. . Your dependents and survivors also may be eligible for benefits. 3. Go over this list of presumptive conditions if you served during the Vietnam War and are seeking compensation and health care benefits from the effects of Agent Orange. Therefore, the amount of your next monthly payment will likely be the figure above that corresponds with your VA assigned disability rating. Description TCDD (Dioxin) Amounts. An attorney can help you to determine how much money you would likely receive based on your symptoms and conditions. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. Between January 9, 1962, and May 7, 1975, you must have served for any length of time in at least one of these locations: Or you must have served in at least one of these locations that theyve added based on the PACT Act: Or at least one of these must be true for you: Eligible Reserve locations, time periods,and units include: For more service requirement details, review: Public Law 116-23(Blue Water Navy Vietnam Veterans Act of 2019), Air Force specialty codes and units for affected C-123 aircraft (PDF), Dates and locations of herbicide tests and storage outside Vietnam. This qualifies you for the max benefit of $3,621.95 per month (plus anything you receive on behalf of dependents). 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. All information these cookies collect is aggregated and therefore anonymous. Recently I talked with the VA's Agent Orange coordinator at the VA Medical Center here in Tucson. 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 . 5 Ways Car Accident Lawyers help you after the crash in Redding, Car Accidents: When Its Okay to Represent Yourself in a Claim, We Need Action Now to Fight the Climate Crisis, Susan Estrich Issues Statement on behalf of Greg Lindberg, Website Hosting & Management by Mays & Associates, 10 percent disability rating: $144.14 per month, 20 percent disability rating: $284.93 per month, 30 percent disability rating: $441.35 per month, 40 percent disability rating: $635.77 per month, 50 percent disability rating: $905.04 per month, 60 percent disability rating: $1,146.39 per month, 70 percent disability rating: $1,444.71 per month, 80 percent disability rating: $1,679.35 per month, 90 percent disability rating: $1,887.18 per month. Agent Orange was a tactical herbicide the U.S. military used to kill trees and shrubs providing cover and destroy food crops. 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. VA Secretary: 'Urgent' Review Planned for Agent Orange Benefit Expansion. With this, Congress has demonstrated that it has the power to use the NDAA to add conditions to the presumptive list. It is also important to note some other particularities about Nehmer claims. Attention A T users. the government relented and expanded the scope of who could receive compensation. Veterans who were exposed to Agent Orange may have certain related cancers or other illnesses. It was also tested, used, and stored at various other locations. Veterans who developed a medical problem due to Agent Orange exposure may be entitled to receive compensation, as can their surviving family members. we represent clients nationwide. Learn how this affects your VA disability claim. If youre within one year of your ratings decision, you can appeal the incorrect effective date under the Appeals Modernization Act by any of the following methods: The attorneys at Hill & Ponton are here to support you with appealing a claim to get Agent Orange back pay benefits. U.S. Department of Veterans Affairs | 810 Vermont Avenue, NW Washington DC 20420. To file a claim online for disability compensation, visit. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Serious Health Conditions. Are you sure you want to rest your choices? The defoliant, sprayed from low-flying aircraft, consisted of approximately equal amounts of the unpurified butyl esters . Appoint and work with an accredited Veterans Service Organization (VSO), Gather all relevant and required evidence to support your claim, and. Unfortunately, research later showed the herbicide was highly toxic to anyone who came in proximity to it. Most of us know about the "automatic" 100% service-connected Agent Orange disability compensation for vets who have a dozen or so assorted medical conditions (such as ALS and prostate cancer). Determining average compensation isnt possible or useful since your compensation will be based on how severely you were affected by exposure. During her high school years, she developed a passion for journalism and decided to combine this with her knowledge of the law. Our experienced legal team is committed to helping Veterans exposed to Agent Orange receive full compensation for their service-connected disabilities. You served in or near the Korean DMZ for any length of time between September 1, 1967, and August 31, 1971. What matters in this situation is that the diagnosis was part of the veterans C-File from 1998 onward. 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 . During the past decade, the Department of Veterans Affairs has received many inquiries regarding the Agent Orange Settlement Fund. If, Agent Orange was an herbicide that the United States military used during the Vietnam War. The Settlement Fund was distributed to class members in accordance with a distribution plan established by United States District Court Judge Jack B. Weinstein, who presided over the litigation and the settlement. Agent Orange exposure is associated with a number of medical conditions, some of which are. We have updated our Privacy Policy. If your military records show you served in a qualifying location during the Vietnam era, VA will grant service connection on a presumptive basis. . . Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. These cookies are necessary for the website to function and cannot be switched off in our systems. Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged . Under the special Nehmer effective date rules, it does not matter, thanks to the Nehmer class members, when the VA adds a disease to the presumptive list. Agent Orange Exposure and C-123 Aircraft U.S. Department of Veterans Affairs has confirmed that eligible Vietnam War veterans are presumed to have experienced Agent Orange herbicide exposure between January 9,, Agent Orange exposure is strongly associated with a variety of health problems. (See. During this period, these organizations assisted over 239,000 Vietnam Veterans and their families. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. These cookies are essential so that you can move around the website and use its features. 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. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 the mixture of herbicides produced trace amounts of the dioxin TCDD the most toxic and dangerous dioxin. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 How Does VGLI Compare to Other Insurance Programs? Personal Note: 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. Canada's Secret War: Vietnam . As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. . Hit enter to expand a main menu option (Health, Benefits, etc). Agent Orange is a powerful herbicide. 2. 20 percent disability rating: $327.99 per month. 3. This could potentially lead to more conditions being added to the list in the future. Is There a Test for Agent Orange Exposure? Fortunately, the U.S. Department of Veterans Affairs (V.A.) Agent Orange was stored at U.S. military bases in addition to being sprayed. The U.S. program, codenamed . Agent Orange was a blend of tactical herbicides the U.S. military sprayed from 1962 to 1971 during the Vietnam War to remove the leaves of trees and other. Our attorneys are ready to start building your case. 203, San Jose, CA 95134 View more property details, sales history and Zestimate data on Zillow. This "presumptive policy" simplifies the process for receiving compensation for these diseases since VA foregoes the normal requirements of proving that an illness began during or was worsened by your military service. The effects of Agent Orange can take years to appear. 2 Baths. At the University of Denver she majored in English, with minors in history and French, and had an active leadership role in her sorority, Alpha Gamma Delta. As a result, many Vietnam veterans have incorrect effective dates. Bladder Cancer is a now a recognized presumptive condition related to Agent Orange exposure. 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. Service requirements for presumption of Agent Orange exposure. FSGLI: Family Servicemembers Group Life Insurance, Schedule of Payments for Traumatic Losses, S-DVI: Service-Disabled Veterans Life Insurance, Beneficiary Financial Counseling and Online Will, Lesbian Gay, Bisexual & Transgender Veterans, U.S. Navy and Coast Guard ships that operated in Vietnam, diseases VA presumes are associated with exposure to Agent Orange or other herbicides, Claims Adjudication Procedures Manual/Live Manual, Link to subscribe to receive email notice of changes to the Live Manual, In Vietnam anytime between January 9, 1962 and May 7, 1975, including brief, In or near the Korean demilitarized zone anytime between April 1, 1968 and August 31, 1971, Veterans who served on or near the perimeters of, Veterans who served where herbicides were, Veterans associated with Department of Defense (DoD), A medical diagnosis of a disease which VA recognizes as being associated with Agent Orange (listed above), service in Vietnam or at or near the Korean demilitarized zone during the dates shown above, or. Editorial Note: We earn a commission from partner links on Forbes Advisor. The amount of money the V.A. How Does VGLI Compare to Other Insurance Programs? The specific amount of compensation is based on disability rating (between one and 100% disabled) with those who have serious conditions entitled to more annual benefits. The amount represents gallons within eight (8) kilometers of the area. These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. They include, but are not limited to: This list is not exhaustivemore is being learned about the long-term effects every day, and some conditions mimic others and may not be attributed to Agent Orange 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. that death or disability occurred before December 31, 1994. This includes: If eligible, you must prove that you were exposed to Agent Orange or other herbicides during your military service to be eligible for service-connection for disease VA presumes are related to Agent Orange exposure. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 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. While many other health conditions, like diabetes mellitus type II and . 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. The Settlement Fund closed in 1997. In 1989, the court invalidated the 1985 regulation, finding that the regulation required too high of a standard of proof and required the VA to undergo new rule-making standards. Regular professional contact with C-123 aircraft between 1969 and 1986. No matter your diagnosis, contact us for a free consultation. 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. Additional amounts are paid to certain Veterans with severe disabilities ("special monthly compensation") and certain Veterans with dependents. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide. The VA does not consider these dates to be effective dates. Medical researchers have linked Agent Orange to ahost of health conditions. 2. Currently, the list of health conditions associated with Agent Orange exposure includes the following: AL AmyloidosisBladder CancerChronic B-cell LeukemiasChloracneDiabetes Mellitus Type 2Hodgkin's diseaseHypertensionHypothyroidismIschemic Heart DiseaseMonoclonal Gammopathy of Undetermined SignificanceMultiple MyelomaNon-Hodgkin's LymphomaParkinson's DiseaseParkinson's-like SymptomsPeripheral NeuropathyPorphyria Cutanea TardaProstate CancerRespiratory CancerSoft Tissue Sarcomas. Note that the special Nehmer effective dates apply only to Vietnam veterans who served on the landmass of republic of Vietnam or its inland waterways (hopefully soon to include Da Nang Harbor ). there must be a significant amount of scientific evidence linking the illness to Agent Orange exposure. 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. We will do our best to respond within a reasonable amount of time (usually 3 to 10 workdays). 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. exposure to herbicides in a location other than Vietnam or the Korean demilitarized zone. Since 1991, the VA has been required to do mass reviews of claims for the following: If you have been denied benefits due to Agent Orange toxic exposure, want to receive back pay compensation or are attempting toincrease your rating, the team at Hill & Ponton may be able to assist you. VA uses a disability rating system to assign benefits. The U.S. Department of Veterans Affairs (VA) backlog of Agent Orange . A 2016 study found an association between people with high levels of dioxin in their blood and the development of chronic kidney disease. 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 Applications for the Payment Program had to be submitted prior to December 31, 1994. If you are in crisis or having thoughts of suicide, VA survivors' benefits. 800-829-4833, Veterans Crisis Line: The most important part of our job as your VA disability attorneys is establishing that exposure to Agent Orange caused your medical condition. 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. Agent Orange was a tactical herbicide the U.S. military used to clear leaves and vegetation for military operations mainly during the Vietnam War. A veteran benefits attorney can help you sort through all the paperwork so that you can get your benefits sooner.
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