Hit enter to expand a main menu option (Health, Benefits, etc). 1425 2nd Ave #303, Chula Vista, CA 91911. Proof of service in Vietnam. The exact payments are as follows: 10 percent disability rating: $144.14 per month. 5121(c) and 3.1000(c) requiring survivors to file claims for accrued benefits do not apply to payments under this section. Even if many decades passed between your exposure in military service and medical diagnosis of an associated condition, it is not too late to file a claim. Heather joined our firm after working two legislative sessions with the Florida Senate where she drafted legislation relating to criminal law and child welfare. The lawsuit was filed in 1986 (and certified as a class action in 1987) by a group of claimants to challenge a VA regulation from 1985 which gave presumptive status to chloracne claims only. In addition to writing for the web, she has also designed educational courses and written textbooks focused on a variety of legal subjects. Served under any of the following conditions, you may be entitled to Agent Orange benefits: If you have served in any of these circumstances, you may automatically qualify for special Agent Orange benefits from the U.S. government. Our attorneys are ready to start building your case. During the Vietnam War, the U.S. military used a variety of herbicides to clear forests in Vietnam, including the dreaded Agent Orange. The U.S. program, codenamed . These agencies, which ranged from disability and Veterans service organizations to community-based not-for-profits, provided counseling, advocacy, medical and case-management services. It was not until later that the U.S. Army realized the potency of the product and discovered the direct link between Agent Orange and the debilitating sickness that many Vietnam War vets were mysteriously experiencing. The office of Sean Kendall, Attorney-at-Law, is committed to . When a Nehmer class member dies prior to receiving retroactive payments under this section, VA will pay the amount to an identified payee in . Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 3. Agent Orange, mixture of herbicides that U.S. military forces sprayed in Vietnam from 1962 to 1971 during the Vietnam War for the dual purpose of defoliating forest areas that might conceal Viet Cong and North Vietnamese forces and destroying crops that might feed the enemy. Any U.S. or Royal Thai military base in Thailand from January 9, 1962, through June 30, 1976. Florida Bar Association Read about Agent Orange claim. An estimated 2.4 million U.S. service members were exposed to some level of Agent Orange in Vietnam between 1962 and 1971. Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged . These conditions, or diseases, are classified aspresumptive. . The substance was banned in 1971. Call today at 800-544-9144. Unfortunately, many military members were exposed prior to the ban and have developed various medical conditions including many types of cancer as a result. During the past decade, the Department of Veterans Affairs has received many inquiries regarding the Agent Orange Settlement Fund. The United States has been involved for more than two decades in a controversy over the military use of herbicides in Vietnam during the Vietnam era. If you can prove you were exposed to Agent Orange during service and have an associated medical condition, VA must grant service connection. Exception: Blue Water Veterans with non-Hodgkin's lymphoma may be granted service-connection without showing inland waterway service or that they set foot in Vietnam. have hearing loss, Chloracne or other acneform disease consistent with chloracne, Respiratory cancers (lung, bronchus, larynx, or trachea), Acute and subacute peripheral neuropathy, now classified as early-onset peripheral neuropathy. Past performance is not indicative of future results. Additionally, in July 2022, the PACT Act added hypertension and monoclonal gammopathy of undetermined significance (abnormal protein in the blood) to VAs presumptive Agent Orange list. An attorney can help you to determine how much money you would likely receive based on your symptoms and conditions. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Agent Blue (Purple) 32.8 to 45 . Agent Orange 1.77 to 40 ppm. As you can see, these special Nehmer effective date rules are very technical and are something that the u.s. department of veterans affairs gets wrong a lot, so it is always important to double-check the effective date of such a claim to make sure it is correct or you may be missing out on many years of retroactive benefits. You will also need a medical opinion letter to verify your claims and fill out several applications for benefits. the government relented and expanded the scope of who could receive compensation. Two years later, in 1991, the parties reached a final stipulation as to how the VA would treat class members if the VA added new regulations in the future which added diseases to the presumptive list. In Agent Oranges case, however, the V.A. The VA bases eligibility forVA disability compensation benefits, in part, on whether you served in a location that exposed you to Agent Orange. 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. Also, there are instances where children of veterans exposed can receive benefits for certain health conditions as well.. Class Action Lawsuit Hodgkin's Disease: A type of cancer that causes the . Why Are Poverty and Homelessness Treated Like Crimes? Active duty and reservist personnel who had regular contact with, Monoclonal Gammopathy of Undetermined Significance, The biological child of a woman Vietnam Veteran who served between February 28, 1961 and May 7,1945, Conceived after the date on which the Veteran first entered the Republic of Vietnam, A diagnosis for the secondary disability; and. This includes both time on land and time aboard a ship that operated in the Vietnam waterways. It then re-rates you based on the result. Attention A T users. (Agent Orange is an herbicide that was used by the U.S. military to destroy unwanted plants.) Agent Orange VA Compensation. Personal Note: By continuing to use our website, you agree to these updates. With this, Congress has demonstrated that it has the power to use the NDAA to add conditions to the presumptive list. . Determining average compensation isnt possible or useful since your compensation will be based on how severely you were affected by exposure. It includes locations in Vietnam and Korea during the 1960s and 1970s, as well as locations such as Guam, Thailand, Cambodia and American Samoa as late as 1980 for some areas. Go to a VA regional office and have a VA employee assist you. The U.S. military used it to defoliate swaths of land in Thailand, Vietnam, and Korea. Commissions do not affect our editors' opinions or evaluations. Therefore, the amount of your next monthly payment will likely be the figure above that corresponds with your VA assigned disability rating. Agent Orange is an herbicide mixture that contains a chemical called dioxin. To access the menus on this page please perform the following steps. If you are in crisis or having thoughts of suicide, As mentioned above, even if a disease has not been added to the presumptive list yet, such as renal cancer, a veteran should file a claim with the veterans administration now in order to preserve the earliest possible effective date under these special Nehmer rules. The ongoing use of the toxic chemical meant that many U.S. service members were exposed to it regularly. The exam is also not required to receive VA benefits. You will need to file a disability compensation claim if you wish to recover compensation due to Agent Orange exposure. A variety of other types of military service can also make you eligible for compensation. 3518, the Victims of Agent Orange Relief Act of 2021, in the House of Representatives. As a result, those who did not already qualify for disability benefits may now be eligible. For years, the VA denied their disability compensation claims and denied any . Children who were exposed may beeligiblefor benefits. Hit enter to expand a main menu option (Health, Benefits, etc). We help them to appeal and reopen claims in order to raise their VA disability ratings and increase their monthly benefit. In this situation, do not file a new claim. To qualify for presumption of exposure, veterans must have had active military, naval, air, or space service in the following locations and time periods: If the veteran is eligible for presumptive service connection, the process for receiving VA disability compensation benefits and healthcare should be considerably easier, as the burden is not on the veteran to prove Agent Orange caused their condition. Veterans interested in applying for disability compensation under one of the three new Agent Orange presumptives should click here or call (800) 827-1000. The amount represents gallons within eight (8) kilometers of the area. Without these cookies, services you have asked for cannot be provided. These cookies allow the website to remember choices you make to give you better functionality and personal features. The defoliant, sprayed from low-flying aircraft, consisted of approximately equal amounts of the unpurified butyl esters . The Agent Orange Settlement Fund was created by the resolution of the Agent Orange Product Liability Litigation - a class action lawsuit brought by Vietnam Veterans and their families regarding injuries allegedly incurred as a result of the exposure of Vietnam Veterans to chemical herbicides used during the Vietnam war. yet assertive representation for our clients. 988 (Press 1). MLS # NJOC2013144 Submit a Disability Benefits Questionnaire completed by your physician, or attend a VA claim exam, if needed, before submitting your claim. (CRMLS) For Sale: 2 beds, 2 baths 1440 sq. The VA will calculate and pay out any retroactive VA disability back pay owed. You may also use VAs Decision Ready Claim (DRC) program. You will now be able to tab or arrow up or down through the submenu options to access/activate the submenu links. By: Kevin Lilley. If you think you were exposed to Agent Orange during your military service and now have a qualifying medical condition or diagnosis you believe to be caused by exposure, do not miss out on the benefits you deserve. However, if you are considering filing an initial claim, or even if you are interested in learning about the appeals process, we offer a free ebook to get you started on the right foot! 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. For example, a Veteran with a 30% disability rating, a spouse and three children under 18 would receive $671.10 each month. 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 . 3. To access the menus on this page please perform the following steps. $40.38 increase from 2020. 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. You served in or near the Korean DMZ for any length of time between September 1, 1967, and August 31, 1971. We do not offer financial advice, advisory or brokerage services, nor do we recommend or advise individuals or to buy or sell particular stocks or securities. It also added additional locations to the list of places where soldiers were presumed to be exposed. 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. If, Agent Orange was an herbicide that the United States military used during the Vietnam War. Is There a Test for Agent Orange Exposure? Local: (303) 449-4773. . You must have a diagnosed medical condition to be eligible for VA disability benefits. This exam is free of charge. Click the link below to learn more. An experienced attorney can guide you through the process of getting the compensation you deserve. Bar Admissions: The active ingredient, dioxin, proved to be dangerous and the substance was banned. . Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Berry Law Firm works with veterans nationwide who do not receive proper Agent Orange-related disability benefits. You might be using an unsupported or outdated browser. What is the average compensation for Agent Orange? Veterans Crisis Line: Check VA's Guide to Agent Orange Claims to learn more about how to establish eligibility to disability compensation and how much VA pays. Recently, the Honoring Our Promise to Address Comprehensive Toxics Act (PACT Act) of 2021 expanded Agent Orange presumptions to include additional locations and time periods. Florida Senate, Office of Bill Drafting Services . Who Are the People Fleeing the United States? 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. Many veterans who were exposed to the deadly chemical have suffered lifelong effects after having been in contact with it and require lifelong care to enjoy a normal life. These cookies dont collect information that identifies you. She realized that she can make her voice heard to the masses through legal journalism. That Fund, created as a result of a private class action lawsuit settlement, involved neither VA nor any other executive branch agency of the Federal government. This information is made available for educational purposes only and to provide general information and a general understanding of the law. Recently I talked with the VA's Agent Orange coordinator at the VA Medical Center here in Tucson. How Much Life Insurance Do You Really Need? You can find your regional office on our. 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). Some reports indicate the U.S. military was aware Agent Orange could be harmful but did not take precautions to limit exposure. These ratings are based on the severity of the disabilities. As a result, many Vietnam veterans have incorrect effective dates. Anyone exposed to Agent Orange is prone to developing serious health conditions. Survivors also may be eligible for Dependency and Indemnity . For more information about service qualifications and other eligibility criteria, visit our Agent Orange C-123 web page. 2023 Forbes Media LLC. you will receive $3146.42. Veterans Crisis Line: Florida Bar Fortunately, the U.S. Department of Veterans Affairs (V.A.) The amount of money the V.A. 203, San Jose, CA 95134 However, over the years, she has become a strong advocate for VA rights and made it her mission to help veterans seek justice. For more information on how to apply and for tips on making sure your claim is ready to be processed by VA, visit our How to Apply page. Also covered by this presumption are veterans who were in or near the Korean demilitarized zone from April 1, 1968 to August 31, 1971. If you did not serve during these designated times, or if you have a different medical condition that is not included on the list of linked conditions, this does not necessarily mean you will not be eligible for benefits.