This allows you to submit claims that are decision-ready so you can get your claim processed as fast as possible. The exam is based on the veterans recollection of service, not their military service records. Proof of service in Vietnam. that the Veteran served in Vietnam as a member of the Armed Forces between 1962 and 1972 (the period during which Agent Orange was used in Vietnam); that the applicant was either a totally-disabled Vietnam Veteran or the survivor of a deceased Vietnam Veteran; that based upon the circumstances of the Veteran's service (including location of service and particular experiences during service), the Veteran met a test of probable exposure to herbicides; that death or disability was not caused by a traumatic or accidental occurrence; and. 100 percent disability rating: $3,146.42 per month. Herbicides were also used by the U.S. military to defoliate military facilities in the U.S. and in other countries as far back as the 1950s. If your health condition is not on the list or you did not serve in a qualifying location, we will have to do some research to establish a link, but our attorneys are qualified to do so. 5121(c) and 3.1000(c) requiring survivors to file claims for accrued benefits do not apply to payments under this section. 3.816 ) that apply to some veterans as a result of the Nehmer v. u.s. department of veterans affairs class-action lawsuit filed in the northern district of California (n.d. cal) by the national veterans legal services program. This is also known as VA Disability back pay. VA survivors' benefits. These are the 2021 pay rates and increases since 2020. . "Agent Orange" refers to a blend of tactical herbicides the U.S. military sprayed in the jungles of Vietnam and around the Korean demilitarized zone to remove trees and dense tropical foliage that provided enemy cover. By using our website, you agree to the use of certain cookies. Hit enter to expand a main menu option (Health, Benefits, etc). Unfortunately, Agent Orange causes a number of serious medical conditions. 2. See: Other Veterans whose duty outside of Vietnam involved the direct handling of Agent Orange. To file a claim online for disability compensation, visit. The other part of the Settlement Fund, the Class Assistance Program, was intended by the distribution plan to function as a foundation. Have Questions About Appealing Your Claim or Understanding How the Claims Process Works? Policy. In regards to the initial claim, that claim does not need to have mentioned Agent Orange specifically in order to qualify as the initial claim under the Nehmer code of federal regulations rules. Please try again later. cum laude, Florida State University Law Review, Distinguished Pro Bono Service Award 3. This qualifies you for the max benefit of $3,621.95 per month (plus anything you receive on behalf of dependents). Copy this embed code to share the infographic on your own site. Therefore, the amount of your next monthly payment will likely be the figure above that corresponds with your VA assigned disability rating. Performance information may have changed since the time of publication. This means veterans dont have to prove a connection between Agent Orange exposure and their illnesses to file for and get approved for benefits. Cookies help us deliver the best experience on our website. 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. than 20 million gallons of Agent Orange were used by US troops in Vietnam, Cambodia, and Laos, resulting in excessive amounts of the toxic dioxin in fields, forests, and military bases . FSGLI: Family Servicemembers Group Life Insurance, Schedule of Payments for Traumatic Losses, S-DVI: Service-Disabled Veterans Life Insurance, Beneficiary Financial Counseling and Online Will, Lesbian Gay, Bisexual & Transgender Veterans, Claims Adjudication Procedures Manual/Live Manual, Link to subscribe to receive email notice of changes to the Live Manual, A Payment Program, which provided cash compensation to totally-disabled Veterans and survivors of deceased Veterans; and. This compensation comes from two main sources. For instance, which pages you go to most. During her high school years, she developed a passion for journalism and decided to combine this with her knowledge of the law. Applications for the Payment Program had to be submitted prior to December 31, 1994. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. The compensation fund shall consist of the following amounts: (1) Amounts appropriated to the compensation fund pursuant to an authorization of appropriations . yet assertive representation for our clients. Agent Orange was an herbicide used by the U.S. military primarily during the Vietnam War. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. 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. Information provided on Forbes Advisor is for educational purposes only. In Agent Oranges case, however, the V.A. When you visit web sites, they may store or retrieve data in your web browser. This means that VA assumes that you were exposed to Agent Orange while serving in these areas during the Vietnam War. However, over the years, she has become a strong advocate for VA rights and made it her mission to help veterans seek justice. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Call Us for a Free Evaluation (888) 573-7838. . CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. 30 percent disability rating: $508.05 per month. They include, but are not limited to: This list is not exhaustivemore is being learned about the long-term effects every day, and some conditions mimic others and may not be attributed to Agent Orange exposure. At that time, VA requires you undergo another evaluation to determine the current status of your diagnosis. The rates range from $144.14 a month for 10 percent disability to $3,146.42 per month for 100 percent disability. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Veterans . As a result, the process can take some time. Special monthly compensation (SMC) rates Review current compensation rates that may apply to you if you qualify for special monthly compensation based on the severity of your disability. For example, a veteran may develop depression due to an Agent Orange service-connected cancer, or a service-connected diabetes mellitus could lead to peripheral neuropathy. The VA only covers certain disabilities if the veteran can prove the link between the service and the illness, often referred to as the service connection.. For more information, see: Veterans who operated, maintained, or served onboard C-123 aircraft from 1969 through 1986. A variety of other types of military service can also make you eligible for compensation. 877-222-8387, TDD (Hearing Impaired) 7 Things Every Veteran Should Know About Agent Orange Video, This website adheres to the W3Cs AA Accessibility guidelines. If doctors diagnosed you with any of the medical conditions on the list above, we will gather the documentation from your doctor or medical professional that we need to submit to VA. If you are in crisis or having thoughts of suicide, In order for a Veteran who served in Vietnam to qualify for disability compensation benefits for a presumption based on exposure to Agent Orange, he or she should have: A qualifying medical diagnosis, and. 3. Efforts in Congress last year to add hypertension to a list of diseases linked to Agent Orange at the Department of Veterans Affairs failed, keeping Vietnam-era veterans from accessing care for high blood pressure connected to the toxic exposure. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 A Veteran who believes he or she has a disease caused by Agent Orange exposure that is not one of the conditions listed below must show an actual connection between the disease and herbicide exposure during military service. VA Disability Compensation (all discharges qualify except Dishonorable) VA benefits for qualifying dependent children with Agent Orange-related birth defects. We will do our best to respond within a reasonable amount of time (usually 3 to 10 workdays). there must be a significant amount of scientific evidence linking the illness to Agent Orange exposure. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 VA Ratings for Agent Orange range from 10% to 100% depending on the disability and the Frequency, Severity, and Duration of symptoms (i.e., "severity of symptoms"). Please switch auto forms mode to off. Christy Bieber is a personal finance and legal writer with more than a decade of experience. To be eligible for compensation under the Payment Program, Vietnam Veterans or their survivors had to establish the following: The Payment Program operated over a period of 6 years, beginning, after appeals, in 1988 and concluding in 1994. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Bar Association Memberships: Because the plaintiff class was so large (an estimated 10 million people), the Fund was distributed to class members in the United States through two separate programs designed to provide maximum benefits to Vietnam Veterans and their families most in need of assistance: This plan for distributing the Settlement Fund was unprecedented: it employed mechanisms not previously adopted in class action lawsuits in order to maximize benefits to class members and to respond to the complex needs expressed by the class during a series of "Fairness Hearings" held in six different locations in the country. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Camp Lejeune Lawsuit. SMC benefits are amounts paid on top of a 100 percent disability rating when certain conditions are present as well. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Hit enter to expand a main menu option (Health, Benefits, etc). 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. The effects of Agent Orange can take years to appear. 1425 2nd Ave #303, Chula Vista, CA 91911. Who Is Eligible for Benefits Based on Agent Orange? 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. The VA will calculate and pay out any retroactive VA disability back pay owed. Are you sure you want to rest your choices? To access the menus on this page please perform the following steps. 988 (Press 1). The herbicide was primarily used in the Vietnam War, although it was also used in other military operations as well. If the VA denied a claim many years ago, it may be able to be re-opened. (Agent Orange is an herbicide that was used by the U.S. military to destroy unwanted plants.) They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Below is a brief history. Veterans who developed a medical problem due to Agent Orange exposure may be entitled to receive compensation, as can their surviving family members. The defoliant, sprayed from low-flying aircraft, consisted of approximately equal amounts of the unpurified butyl esters . Agent Orange exposure is presumed if a Veteran was in Vietnam from January 9, 1962 until May 7, 1975. Service on the ground or by sea during the Vietnam war between 1962 and 1975, Service in the North Korean Demilitarized Zone (DMZ) between 1967 and 1971. Another tricky Nehmer rule relates to evidence of an Agent Orange-related disease that is in a veterans C-File. Children who were exposed may beeligiblefor benefits. The rule is that the effective date is the latter of the date the VA received the initial disability claims for an Agent Orange-related disease (initial claim means the first claim filed after or pending on September 25, 1985) or the date the Agent Orange-related disease was first diagnosed. VA Secretary Denis McDonough speaks with VA medical center employees in Washington, D.C. (photo via VA.gov) For tens of thousands of Vietnam veterans entitled to long-sought benefits connected to toxic exposure, recent statements . The stipulation and order provided that whenever the VA adds a covered herbicide disease to the presumptive list, the VA must identify all veterans (and their surviving spouse and dependents) who were previously denied service connection for that disease or had claims pending in district court between September 25, 1985 and the publication date of the regulation adding the disease. Bladder Cancer: Cancer that affects the bladder, where urine is stored. Competent medical evidence that the disease began within the deadline (if any). On September 27, 1997, the District Court ordered the Fund closed, its assets having been fully distributed. Will the VA Pay Back to My Effective Date? If you are in crisis or having thoughts of suicide, 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. The total amount payable is $1824.71. Getting Veterans (VA) Disability for Agent Orange Diseases, Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School, Honoring Our Promise to Address Comprehensive Toxics Act (PACT Act) of 2021. By continuing to use our website, you agree to these updates. For example, if you served in Vietnam between January 9, 1962 and May 7,1975 or on a ship in inland waters or within 12 miles of Vietnamese or Cambodian demarcation lines, you are presumed to have been exposed to Agent Orange. The amount represents gallons within eight (8) kilometers of the area. Agent Orange VA Compensation. Office of Accountability & Whistleblower Protection, Training - Exposure - Experience (TEE) Tournament, Outreach, Transition and Economic Development Home, Warrior Training Advancement Course (WARTAC), Staff Appraisal Reviewer (SAR) Information, How to Apply for Nonsupervised Automatic Authority, VALERI (VA Loan Electronic Reporting Interface). Veterans who were exposed to Agent Orange or other herbicides during military service may be eligible for a variety of VA benefits, including disability compensation for diseases associated with exposure. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 However, even if VA does not presume a connection to service, we can help you recover benefits if you served somewhere else. 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. The amount of money the V.A. Hodgkin's Disease: A type of cancer that causes the . 10 percent disability rating: $165.92 per month. With this, Congress has demonstrated that it has the power to use the NDAA to add conditions to the presumptive list. Some of the conditions it has been linked to include: If you had known exposure to Agent Orange and have any of these medical issues, you may be presumed to have developed the condition as a direct result of your military service. Florida Bar Appoint and work with an accredited Veterans Service Organization (VSO), Gather all relevant and required evidence to support your claim, and. The 1,126 sq. This includes: If eligible, you must prove that you were exposed to Agent Orange or other herbicides during your military service to be eligible for service-connection for disease VA presumes are related to Agent Orange exposure. This information is made available for educational purposes only and to provide general information and a general understanding of the law. During the past decade, the Department of Veterans Affairs has received many inquiries regarding the Agent Orange Settlement Fund. She shares her analysis in reader-friendly articles. These cookies are necessary for the website to function and cannot be switched off in our systems. Competent medical evidence of an actual connection between herbicide exposure and the current disability. 7031 Koll Center Pkwy, Pleasanton, CA 94566. By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. Florida Bar Association VA disability back pay may be awarded when existing VA disability payments are increased, as well as for first-time ratings. Agent Orange is a mix of herbicides (plant-killing chemicals) and defoliant (a chemical used to remove leaves from plants and trees). Contact our office to request a free, no-obligation consultation. For more information about service qualifications and other eligibility criteria, visit our Agent Orange C-123 web page. Personal Note: visit VeteransCrisisLine.net for more resources. B. Between January 9, 1962, and May 7, 1975, you must have served for any length of time in at least one of these locations: Or you must have served in at least one of these locations that theyve added based on the PACT Act: Or at least one of these must be true for you: Eligible Reserve locations, time periods,and units include: For more service requirement details, review: Public Law 116-23(Blue Water Navy Vietnam Veterans Act of 2019), Air Force specialty codes and units for affected C-123 aircraft (PDF), Dates and locations of herbicide tests and storage outside Vietnam.