Agent Orange Exposure Claims Attorney San Diego CA

“Agent Orange” is the name given to a tactical herbicide that was used by the United States military during certain operations to control vegetation. It was named for the bright orange band that was used to mark storage barrels. Agent Orange was sprayed on various areas of high growth, such as jungles, primarily during the Vietnam War. After the war, veterans discovered the substance may have led to certain disease conditions, and many began to question whether they were entitled to claim benefits as a result of being exposed to this toxic substance.

Veterans exposed to Agent Orange primarily include:

  • Those serving in Vietnam (all locations)
  • Those serving in the Korean Demilitarized Zone
  • Those serving on Thai Air Force bases
  • Those who flew or worked on C-123 Aircraft (the primary delivery system for Agent Orange)

The VA offers a free health exam for anyone who believes they are experiencing long-term health problems related to exposure to Agent Orange.

Agent Orange hazard

VA Disability Claims for Agent Orange

In order to receive service connection for an Agent Orange disability, you must file a disability claim through the Veterans Administration. This can be a complicated process, and many claims are initially denied. In order to have a successful claim, you must show the following:

You have a presumption of exposure if you meet at least one of these service requirements:

Between January 9, 1962, and May 7, 1975, you must have served for any length of time in at least one of these locations:

  • In the Republic of Vietnam, or
  • Aboard a U.S. military vessel that operated in the inland waterways of Vietnam, or
  • On a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia

Or you must have served in at least one of these locations based on the PACT Act:

  • Any U.S. or Royal Thai military base in Thailand from January 9, 1962, through June 30, 1976, or
  • Laos from December 1, 1965, through September 30, 1969, or
  • Cambodia at Mimot or Krek, Kampong Cham Province from April 16, 1969, through April 30, 1969, or
  • Guam or American Samoa or in the territorial waters off Guam or American Samoa from January 9, 1962, through July 31, 1980, or
  • Johnston Atoll or on a ship that called at Johnston Atoll from January 1, 1972, through September 30, 1977

Or at least one of these must be true for you:

  • You served in or near the Korean DMZ for any length of time between September 1, 1967, and August 31, 1971, or
  • 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, or
  • You were involved in transporting, testing, storing, or other uses of Agent Orange during your military service, or
  • You were assigned as a Reservist to certain flight, ground, or medical crew duties at one of the locations listed here:
  • 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)
  • You served at one of several other military bases added by the PACT Act in Laos, Thailand, Cambodia, Guam and American Samoa through as late as July 31, 1980.

And

  • You have suffered or are currently suffering from one of a number of health conditions that have been shown to be related to Agent Orange exposure. The list of presumptive conditions includes the conditions identified under 38CFR 3.309(e).

Additionally, The VA is also now able to extend benefits to children with spina bifida whose BWN Veteran parent may have been exposed while serving.

VA Back Pay Claims

Unfortunately, even when you have received a favorable decision from the VA on your claim, the fight may not be over. Your disability may be under-evaluated, the effective date may be incorrect, or the special effective date rules may not have been calculated correctly.

A case known as Nehmer vs. the U.S. Department of Veterans Affairs impacts Agent Orange settlements for veterans. Essentially, the decision required the VA to do a review of all claims for a number of diseases related to Agent Orange exposure, due to the fact that many veterans were denied service connection for their diseases as of 1985. These diseases include:

  • Non-Hodgkin’s lymphoma and Hodgkin’s disease
  • Respiratory cancers
  • Prostate cancer
  • Type 2 diabetes
  • Heart disease
  • Parkinson’s disease
  • Leukemia

Getting Back Pay

The VA may not only owe you compensation for the covered illness, but also retroactive compensation if your claim was wrongfully denied at any time while you were disabled. Known as VA Disability Back Pay, this type of payment is made when it can be shown that:

  • A previous VA rating evaluation was incorrectly calculated. Even if you were granted a disability, you may still be entitled to additional payment if your evaluation percentage was incorrect.
  • Your dependents have changed. If your dependents changed during the time your VA disability was incorrectly calculated, you may be entitled to back pay (veterans who are married, have children under the age of 18, or dependent parents receive additional compensation if the service-connected veteran’s combined disability evaluation is 30% or greater).
  • Your effective date/special effective was incorrectly calculated. If your effective date is incorrect, you may be entitled to additional compensation based on your new date.

Clearly, VA disability claims for Agent Orange can be complicated. It helps to have a trusted professional who understands the system on your side to guide you through the process and protect your interests at every step.