The U.S. Department of Veterans Affairs (VA) assumes that certain diseases and health conditions are related to military service. They refer to these conditions as presumptive diseases. The VA provides certain benefits to qualifying veterans who have one or more of these Agent Orange presumptive conditions.
Benefit Eligibility Requirements for Agent Orange Conditions
Agent Orange refers to a potent herbicide blend the military used in Vietnam and Korean demilitarized zones to kill the foliage that the opposition used for cover. Certain conditions have been linked with exposure to the herbicides, so the VA will provide benefits to eligible servicemembers (and sometimes their dependents) if they have one the conditions.
In order to qualify for benefits for Agent Orange-related diseases, veterans must meet one of the following service requirements.
- Service in Vietnam between January 9, 1962 and May 7, 1975 (Brief visits to the island or service on a ship in Vietnam inland waterways also qualify)
- Service in or near the Korean demilitarized zone anytime between April 1, 1968 and August 31, 1971
- Service in/near military bases in Thailand during the Vietnam Era
- Service in places where herbicides were tested and stored (even outside of Vietnam)
- Service on C-123 planes that were flown after the Vietnam War
- Service in DoD projects that tested, disposed of, or stored herbicides in the United States
Agent Orange-Related Conditions
38 CFR 3.309 lists all the presumptive illnesses the government recognizes. Specifically, § 3.309 (e) lists the “Disease[s] associated with exposure to certain herbicide agents.”
The list in its entirety can be found on the VA website under Health Care > Public Health > Military Exposures > Agent Orange. Veterans can also speak to a disability attorney about qualifying for disability benefits, and how to pursue any denied claims. A sampling of Agent Orange presumptive conditions is listed below.
- AL amyloidosis
- Chloracne
- Type 2 diabetes
- Hodgkin’s disease
- Ischemic heart disease
- Chronic B-cell leukemia
- Multiple myeloma
- Non-Hodgkin’s lymphoma
- Parkinson’s disease
- Acute and subacute peripheral neuropathy
- Porphyria cutanea tarda
- Prostate cancer
- Respiratory cancers
- Certain soft-tissue sarcomas
- Spina bifida birth defects in biological children of eligible members
- Birth defects in children of female qualifying Vietnam veterans
Obtaining Benefits for Agent Orange Presumptive Conditions
Benefits which veterans with Agent Orange-related diseases (or their qualifying children) might be eligible for include health care benefits and vocational training.
Qualifying veterans will need to be able to substantiate their claims. They can go through the VA’s application process, or enlist in the services of an attorney to help make the process much simpler and smoother. Having an attorney to help you pursue your benefits may help you get your claim accepted and streamline the process.
Legal Counsel for Veterans with Agent Orange Conditions
If you or a loved one has been diagnosed with an illness related to Agent Orange exposure in the military, consult an attorney for assistance. You are welcome to contact the Law Offices of LaVan & Neidenberg, P.A. for a free consultation with a disability attorney at 888-234-5758.
