Agent Orange Exposure Claims: What Veterans Need to Know

What is the PACT Act?

The PACT Act is a federal law that expands VA benefits and care for veterans exposed to burn pits, Agent Orange, and other toxins. The PACT Act’s full name is The Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. The PACT Act includes:

• Expanding and extending eligibility for VA healthcare for veterans with toxic exposures and veterans of the Vietnam, Gulf War, and post-9/11 eras
• Adding over 20 additional presumptive conditions for burn pits, Agent Orange, and other toxic exposures
• Adding more presumptive exposure locations for Agent Orange and radiation
• Requiring the VA to provide a toxic exposure screening for each veteran enrolled in VA healthcare
• Helping us to improve research, staff education, and treatment related to toxic exposures

Who is Eligible for VA Healthcare Under the PACT Act?

If the basic service and discharge requirements are met, then a veteran is enrollment eligible without applying for disability benefits first. The requirements for enrollment are:

• The veteran served in the Vietnam War, the Gulf War, Iraq, Afghanistan, or other combat zone after 9/11 OR
• The veteran deployed in support of the Global War on Terror OR
• The veteran was exposed to toxins or other hazards during military service at home or abroad

Specific toxin and hazard exposure include burn pits, sand and dust, particulates, oil well or sulfur fires, chemicals, radiation, warfare agents, depleted uranium, herbicides, and other associated occupational hazards.

Who is Eligible for VA Disability Compensation Due to Agent Orange Exposure?

For disability eligibility due to Agent Orange exposure, a veteran must meet both of these requirements:

• The veteran has a health condition that is caused by exposure to Agent Orange AND
• The veteran served in a location that exposed them to Agent Orange

Presumptive Diseases

A condition is considered presumptive when it is established by law or regulation. No nexus opinion is required where presumptive service connection is established. The following conditions are considered presumptively related to service if the veteran was exposed to Agent Orange:

• AL Amyloidosis
• Bladder Cancer
• Chronic B-cell Leukemias
• Chloracne
• Diabetes Mellitus Type 2
• Hypertension
• Hodgkin’s Disease
• Hypothyroidism
• Ischemic Heart Disease
• Monoclonal Gammopathy of Undetermined Significance (MGUS)
• Multiple Myeloma
• Non-Hodgkin’s Lymphoma
• Parkinsonism
• Parkinson’s Disease
• Early onset Peripheral Neuropathy
• Porphyria Cutanea Tarda
• Prostate Cancer
• Respiratory Cancers, including lung cancer
• Soft Tissue Sarcomas, excluding Osteosarcoma, Chondrosarcoma, Kaposi’s Sarcoma, or Mesothelioma

Presumption of Exposure Locations

A veteran has presumptive exposure to Agent Orange if at least one of the following service requirements are met:

• Service between January 9, 1962, and May 7, 1975, for any length of time in at least one of the following locations:
  • The Republic of Vietnam OR
  • Aboard a United States military vessel that operated in or near the inland waterways of Vietnam OR
  • On a vessel operating 12 nautical miles or less seaward from the demarcation line of the waters of Vietnam and Cambodia
• Or service in at least one of the following locations that have been added based on the PACT Act:
  • Any U.S. or Royal Thai military base in Thailand from January 9, 1962, to June 30, 1976, OR
  • Laos from December 1, 1965, to September 30, 1969, OR
  • Cambodia at Mimot or Krek, Kampong Cham Province, from April 16, 1969, to April 30, 1969, OR
  • Guam or American Samoa or in the territorial waters off Guam or American Samoa from January 9, 1962, to July 31, 1980, OR
  • Johnston Atoll or on a ship that was called at Johnston Atoll from January 1, 1972, to September 30, 1977
• Or at least one of the following must be true:
  • The veteran served in or near the Korean DMZ between September 1, 1967, and August 31, 1971, OR
  • The veteran was on active duty service in a regular Air Force unit location housing a C-123 aircraft with traces of Agent Orange and was assigned with repeated contact with this aircraft due to the flight, ground, or medical duties OR
  • The veteran had involvement with transporting, testing, storing, or other uses of Agent Orange during military service OR
  • The veteran was assigned as a Reservist to specific flight, ground, or medical crew duties at one of the listed locations
• Eligible reserve locations, time periods, and units include:
  • Lockbourne/Rickenbacker Air Force Base in Ohio, 1969 to 1986 (906th and 907th Tactical Air Groups or 355th and 356th Tactical Airlift Squadrons)
  • Westover Air Force Base in Massachusetts, 1972 to 1982 (731st Tactical Air Squadron and 74th Aeromedical Evacuation Squadron, or 901st Organizational Maintenance Squadron)
  • Pittsburgh International Airport in Pennsylvania, 1972 to 1982 (758th Airlift Squadron)

How Can I Submit a Disability Claim for Agent Orange Exposure?

To submit a disability claim, the following records must be provided:

• A medical record that shows an Agent Orange-related health condition AND
• Military records demonstrating the exposure to Agent Orange during service

If a condition is not on the list of presumptive conditions, the veteran will also need to provide at least one of the following:

• Evidence showing the problem started during or got worse due to military service OR
• Scientific or medical evidence proving the condition is caused by Agent Orange. This may include an article from a medical journal or a published research study

Submission of discharge or separation papers showing the time and location of service should also be provided. This may include a DD214 or other separation documents.

If a veteran’s claim has already been denied and a condition is now considered presumptive, then a Supplemental Claim can be submitted for a case review.

Do I Need an Attorney?

If you or a loved one have been exposed to dangerous chemicals that have had lasting impacts on your health, then you deserve representation you can count on. Call West & Dunn today at 608-490-9449 or fill out a contact form for a consultation.