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If I Served in Vietnam, Am I Eligible for Disability?
The Vietnam War was one of the most devastating conflicts ever fought by the United States. Of the 3.4 million soldiers deployed to Southeast Asia, over 58,000 were killed. Those who survived were often left with severe physical and emotional scars. This includes lingering effects from Agent Orange. Agent Orange was a highly potent herbicide used to clear foliage in the jungles of Vietnam. Although American scientists cautioned the Army about the use of Agent Orange due to its potentially deadly effects on U.S. soldiers, their advice was ignored.
As a result of Agent Orange use during the Vietnam War, millions of American soldiers were exposed to the chemical. It can take years for the effects of Agent Orange exposure to appear.
Because of the U.S. military’s use of the chemical despite its dangers, veterans may be eligible for disability benefits due to exposure to Agent Orange. This is why, if you or a loved one served in Vietnam, you must consult an experienced veterans’ disability claims attorney. You may be eligible for benefits even if you aren’t aware you were exposed to Agent Orange.
What Are the Symptoms of Exposure to Agent Orange?
Agent Orange is recognized today as one of the most deadly chemicals ever invented. Agent Orange has been shown to cause a wide variety of health problems, disabilities, and even congenital disorders in the children of people exposed to the chemical. VA has determined that certain medical conditions are presumed to be caused by exposure to Agent Orange.
- Bladder Cancer
- Chronic B-cell Leukemia
- Respiratory Cancers
- Type Two Diabetes
- Heart Disease
- High Blood Pressure
- Hodgkin’s Disease
- Hypothyroidism
- Lung Cancer
- Multiple Myeloma (Cancer of the White Blood Cells)
- Non-Hodgkin’s Lymphoma
- Parkinson’s Disease
- Prostate Cancer
- Soft Tissue Sarcoma
- AL amyloidosis
- Ischemic Heart Disease
These are only a few of the potential conditions caused by exposure to Agent Orange.
There are other potential side effects of Agent Orange. This is why if you or a loved one served in Vietnam, it’s essential to consult an experienced VA attorney.
How Do I Know if I Was Exposed to Agent Orange?
The U.S. military used 20 times the amount of Agent Orange as recommended by the manufacturer. VA will presume that you were exposed to Agent Orange if you served in Vietnam between January 9, 1962, and May 7, 1975.
The same holds for Blue Water Veterans. Blue Water Veterans are soldiers who served on ships during the war that were stationed no more than twelve nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia.
Do I Have to Have Been in Vietnam to Have Been Exposed to Agent Orange?
No. In 2022, the U.S. passed the PACT Act. This stands for Promise to Address Comprehensive Toxics. It expanded healthcare to cover Vietnam veterans who may have been exposed to Agent Orange in places other than Vietnam. Under the PACT Act, you may also be eligible for compensation due to exposure to Agent Orange if you served:
- On any U.S. or Royal Thai military base in Thailand from January 9, 1962, through June 30, 1976
- In Laos from December 1, 1965, through September 30, 1969
- In Cambodia at Mimot or Krek, Kampong Cham Province, from April 16, 1969, through April 30, 1969
- In Guam or American Samoa or the territorial waters off Guam or American Samoa from January 9, 1962, through July 31, 1980
- At the Johnston Atoll or on a ship that called at Johnston Atoll from January 1, 1972, through September 30, 1977
- In or near the Korean DMZ between September 1, 1967, and August 31, 1971
- In an Air Force unit location where a C-123 aircraft with traces of Agent Orange was assigned, and you had repeated contact with that aircraft due to your duties
- Transporting, testing, storing, or using Agent Orange during your service
What Compensation Am I Entitled To if I Was Exposed to Agent Orange?
You cannot receive compensation for exposure to Agent Orange. You must claim a disability caused by the Agent Orange exposure. The VA determines eligibility for benefits based on the facts of each veteran’s claims. A veteran must file a claim with the VA.
Supportive evidence to accompany the claim includes medical records showing a diagnosis of a condition linked to Agent Orange exposure. Evidence also includes military records proving deployment to an eligible area during the 1962-1975 time frame. In the event a veteran has passed away, their dependents may be eligible for survivors’ benefits. An experienced attorney will be able to help you and your loved ones determine what compensation you may be entitled to.
How Do I Get Compensation for Exposure to Agent Orange?
To be compensated for a disability caused by exposure to Agent Orange, you must file a claim with the VA. As part of this claims process, VA will often schedule a medical exam to determine whether you have a diagnosis of the claimed Agent Orange related condition. The process for seeking compensation, particularly if you are claiming service connection for a condition that VA has not presumed to be related to Agent Orange exposure, can be long and complicated. It can take months or even years to obtain compensation. This is why if you or a loved one believes you may have been exposed to Agent Orange, it’s necessary to consult an experienced attorney.
Many Vietnam Veterans pass away every day. While dependents may be eligible for survivors’ benefits, they still face a lengthy process.
Although about 70% of claims are eventually paid, the process can be long and complicated. This means that, in some instances, the original claimant has passed away. This is why if you or a loved one may have been exposed to Agent Orange, you shouldn’t hesitate to contact West & Dunn, Attorneys at Law, at 608-975-3042.
At West & Dunn, we believe in serving those who’ve served America. Providing representation to veterans is central to our mission. We understand the process of filing VA claims can be incredibly long and frustrating. We know that being denied a claim can be devastating. We’ve seen firsthand the impact that denied claims can have on veterans and their families. We believe those who’ve given everything for America should get everything they deserve. Our attorneys will work tirelessly with you and your loved ones to file your VA claim and make sure you get paid.
Serving your country shouldn’t mean suffering from a lifetime of sickness. It also shouldn’t mean leaving your family unsupported. If you or a loved one served in the U.S. armed forces during Vietnam and believe you may have been exposed to Agent Orange, don’t hesitate to call West & Dunn today at 608-975-3042 to schedule your consultation.
