The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. The VA bases eligibility forVA disability compensation benefits, in part, on whether you served in a location that exposed you to Agent Orange. Certain conditions qualify as presumptive, service-connected diseases. However, over the years, she has become a strong advocate for VA rights and made it her mission to help veterans seek justice. 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 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. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 What Medical Conditions Does Agent Orange Cause? Our experienced legal team is committed to helping Veterans exposed to Agent Orange receive full compensation for their service-connected disabilities. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 If youre within one year of your ratings decision, you can appeal the incorrect effective date under the Appeals Modernization Act by any of the following methods: The attorneys at Hill & Ponton are here to support you with appealing a claim to get Agent Orange back pay benefits. (iv) The class member's estate. The same applies to veterans who served in or near the Korean demilitarized zone between 1968 and 1971. 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 . Essentially, Congress bypassed VA to add these conditions to the presumptive conditions list and, by statute, determined that there is a link between Agent Orange exposure and bladder cancer, Parkinsons-like symptoms, and hypothyroidism. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 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. Vietnam Veterans may be eligible for disability compensation benefits because of exposure to Agent Orange. What matters in this situation is that the diagnosis was part of the veterans C-File from 1998 onward. 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. Contacting us does not create an attorney-client relationship. This includes both time on land and time aboard a ship that operated in the Vietnam waterways. Why Are Poverty and Homelessness Treated Like Crimes? The total amount payable is $1824.71. Veterans disability compensation rates Review current disability compensation rates based on disability rating and number of dependents. 1. The Settlement Fund closed in 1997. The Road to VA Compensation Benefitswill help break down the claims process from start to finish. Medical evidence showing the relationship between the service-connected disability and the secondary disability. You must have a diagnosed medical condition to be eligible for VA disability benefits. Essentially, this means that if you are diagnosed with one of these conditionsandcan indicate that you were exposed to Agent Orange during your service, VA will presume that your condition is service connected. Call us at (888) 573-7838 or use fill out a quick contact form to talk about how Agent Orange exposure has impacted your long-term health. 988 (Press 1). Past performance is not indicative of future results. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 What is the average compensation for Agent Orange? By using our website, you agree to the use of certain cookies. Perhaps the most complicated issue when it comes to Agent Orange exposure and herbicide exposure-related claims is the special effective date rules (found in 38 C.F.R. Please switch auto forms mode to off. Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged . 100 percent disability rating: $3,146.42 per month. Are you sure you want to rest your choices? When it issued payments, military members received an average of $3,800. 40 percent disability rating: $731.86 per month. visit VeteransCrisisLine.net for more resources. 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. 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. Thepurposeis to alert Veterans to possible long-term health problems that may be related to Agent Orange exposure during their military service.. You may also use VAs Decision Ready Claim (DRC) program. Anyone exposed to Agent Orange is prone to developing serious health conditions. The Forbes Advisor editorial team is independent and objective. Those exposed to Agent Orange (or what the VA terms "other herbicides") as part of their military duty may qualify for: VA Health care benefits. 3518, the Victims of Agent Orange Relief Act of 2021, in the House of Representatives. 7031 Koll Center Pkwy, Pleasanton, CA 94566. These cookies are essential so that you can move around the website and use its features. For more information, see: Veterans who operated, maintained, or served onboard C-123 aircraft from 1969 through 1986. Something went wrong. You can also call the Agent Orange Help Line at 1-800-749-8387 or send an e-mail to GW/AOHelpline@vba.va.gov. 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. Personal Note: 2 Baths. Agent Orange exposure is presumed if a Veteran was in Vietnam from January 9, 1962 until May 7, 1975. You will also need a medical opinion letter to verify your claims and fill out several applications for benefits. Fortunately, the U.S. Department of Veterans Affairs (V.A.) VA currently presumes that some diseases resulted from exposure to herbicides like Agent Orange. VA uses a disability rating system to assign benefits. If the arthritis claim became final in 1999, and the veteran filed a new claim for ischemic heart disease in 2010 when the disease was added to the presumptive list, theeffective date for his claim goes backto 1998, even though the initial claim was not for ischemic heart disease. Your dependents and survivors also may be eligible for benefits. Veterans interested in applying for disability compensation under one of the three new Agent Orange presumptives should click here or call (800) 827-1000. To enter and activate the submenu links, hit the down arrow. In simplest terms, if a veteran filed his first claim for an Agent Orange-related diseasebeforethe VA added the disease to the presumptive list, the effective date of his claim (provided the disease eventually gets added to the list) is usually the date of the first claim. Is There a Test for Agent Orange Exposure? Filing for benefits can be daunting. Presumptive Conditions Related to Agent Orange. Local: (303) 449-4773. . ft. 692 N Adele St #95, Orange, CA 92867 $150,000 MLS# PW22235342 This home is located in a quiet and active senior community in Orange where residents . An estimated 2.4 million U.S. service members were exposed to some level of Agent Orange in Vietnam between 1962 and 1971. 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. 203, San Jose, CA 95134 You can view the current Compensation Rate Tables to determine the amount you may receive. 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. This data may be used to help optimize our websites and make them easier for you to navigate. 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. The higher your disability rating, the more money you receive in benefits each month. . Eric Gang, ESQ. Applications for the Payment Program had to be submitted prior to December 31, 1994. pays for service-related disabilities depends on how comprehensive the disability is. Disclaimer: This information is not legal advice. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 there must be a significant amount of scientific evidence linking the illness to Agent Orange exposure. Recently I talked with the VA's Agent Orange coordinator at the VA Medical Center here in Tucson. To enter and activate the submenu links, hit the down arrow. Hit enter to expand a main menu option (Health, Benefits, etc). To find the amount payable to a 70% disabled veteran with a spouse and four children, one of whom is over 18 and attending school, take the 70% rate for a veteran with a spouse and 3 children, $ 1642.71, and add the rate for one school child, $182.00. You will have to provide your service records, undergo medical exams, and fill out questionnaires about your service. Hodgkin's Disease: A type of cancer that causes the . A common misconception is that the VA will grant back pay all the way to the date of your injury or when your disability began. Unfortunately, research later showed the herbicide was highly toxic to anyone who came in proximity to it. She shares her analysis in reader-friendly articles. Learn how this affects your VA disability claim. Commissions do not affect our editors' opinions or evaluations. For questions regarding VA benefits, call the VA toll-free number at 1-800-827-1000. Agent Orange exposure is associated with a number of medical conditions, some of which are. There is a host of medical conditions that are typically associated with Agent Orange. It then re-rates you based on the result. It is important to note that if further disease or disability results from one of the presumptive conditions associated with Agent Orange exposure, you canfile a claim for secondary service connection. In recognition of the damage Agent Orange caused, the U.S. military created a settlement fund and payment program that distributed $197 million in cash payments to eligible veterans. The right combination of evidence, medical and service records, lay testimony, and legal argument could win your case. Call: 988 (Press 1), U.S. Department of Veterans Affairs | 810 Vermont Avenue, NW Washington DC 20420. Those conditions are . 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. Prior Employment: These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. The VA will calculate and pay out any retroactive VA disability back pay owed. $612.40 (Veteran with 1 Parent and 1 Child) + $29.35 (additional child 1) + $29.35 (additional child 2). As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. Instead, you will need to provide proof that Agent Orange exposure while you were in the military was a direct cause of illness or injury. The exact payments are as follows: 10 percent disability rating: $144.14 per month. it's possible that errors may be made that limit your total compensation. The 2021 NDAA, orNational Defense Authorization Act, passed by Congressadded bladder cancer, Parkinsons-like Symptoms, and Hypothyroidism to the list of presumptive conditions caused by Agent Orange exposure. Check the list of U.S. Navy and Coast Guard ships that operated in Vietnam to confirm whether your service aboard a ship allows VA to concede you were exposed to Agent Orange.. If you have filed a VA claim for disability or death compensation due to Agent Orange exposure and it was denied (after all appeals, if any) by the VA on or after September 25, 1985, or if it is still pending. To file a claim online for disability compensation, visit. 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. You will now be able to tab or arrow up or down through the submenu options to access/activate the submenu links. Thus, each area is 9.6 miles in diameter. 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. Camp Lejeune Lawsuit. 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. To access the menus on this page please perform the following steps. VA survivors' benefits. cum laude, Florida State University Law Review, Distinguished Pro Bono Service Award There is hereby established on the books of the Treasury a fund to be known as the Agent Orange Illness Compensation Fund (in this Act referred to as the compensation fund). Click the button below to get more information. 2. The U.S. Department of Veterans Affairs (VA) backlog of Agent Orange . During this period, these organizations assisted over 239,000 Vietnam Veterans and their families. Aboard a U.S. military vessel that operated in the inland waterways of Vietnam, On a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia. If you are in crisis or having thoughts of suicide, Do You Qualify for Long Term Disability Benefits? A variety of other types of military service can also make you eligible for compensation. 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. Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged about $3,800 each. How Much Life Insurance Do You Really Need? Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. (Special Monthly Compensation). These disabilities are called "service-related" or "service-connected." For the purposes of disability compensation, VA presumes that Veterans were exposed to Agent Orange or other herbicides if they served: In Vietnam anytime between January 9, 1962 . These agencies, which ranged from disability and Veterans service organizations to community-based not-for-profits, provided counseling, advocacy, medical and case-management services. The VA offers health care and disability benefits for veterans who may have been exposed to Agent Orange and other herbicides during military service. However, the . 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. Passed into law in August of 2022, the Honoring our PACT Act piece of VA legislation added hypertension to its list of diagnoses presumed to be caused by exposure to the tactical herbicide known as Agent Orange (AO), making eligibility for disability benefits much easier. SMC benefits are amounts paid on top of a 100 percent disability rating when certain conditions are present as well. Florida Senate, Office of Bill Drafting Services Veterans who served in a unit that operated in the Korean Demilitarized Zone between April 1, 1968 and August 31, 1971; Vietnam-era Veterans whose service involved duty on or near the perimeters of certain military bases in Thailand between February 28, 1961 and May 7, 1975. Click the link below to learn more. This means that VA assumes that you were exposed to Agent Orange while serving in these areas during the Vietnam War. The new decision addressed that 2002 policy change and decided that Agent Orange presumptive condition back pay should indeed be extended to Blue Water Navy veterans. Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 In addition, if the veteran dies before his initial claim is re-decided under Nehmer, the VA still must decide the claim and pay, in priority order, his spouse, children of any age, his parents, or his estate. Have you been affected by Camp Lejeune water contamination? The Settlement Fund was distributed to class members in accordance with a distribution plan established by United States District Court Judge Jack B. Weinstein, who presided over the litigation and the settlement. 30 percent disability rating: $508.05 per month. 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. Research has demonstrated that it can remain toxic in the soil for decades. The provisions of 38 U.S.C. We are sorry that this post was not as useful for you! Homes similar to 121 Orange Ave #78 are listed between $75K to $279K at an average of $130 per square foot. Theveterans advocates at Chisholm Chisholm & Kilpatrick LTD will fight your case aggressively. VA may also pay benefits based on exposure to herbicides for the following categories: When you work with an accredited VSO and provide all the necessary evidence with your application, you can get a decision on your claim in 30 days or less. Go to a VA regional office and have a VA employee assist you. The defoliant, sprayed from low-flying aircraft, consisted of approximately equal amounts of the unpurified butyl esters . Note that the special Nehmer effective dates apply only to Vietnam veterans who served on the landmass of republic of Vietnam or its inland waterways (hopefully soon to include Da Nang Harbor ). Florida Bar Florida Bar Association Studieshave indicated that Agent Orange exposure has led to increased rates of stillbirths andbirth defects in the childrenof veterans who were exposed to Agent Orange. the mixture of herbicides produced trace amounts of the dioxin TCDD the most toxic and dangerous dioxin. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide. VA Disability Compensation (all discharges qualify except Dishonorable) VA benefits for qualifying dependent children with Agent Orange-related birth defects. 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. This Act added to the list of presumptive health conditions caused by Agent Orange and other toxic substances. Cookies help us deliver the best experience on our website. The VA pays disability compensation to Vietnam veterans with injuries or diseases that began in, or were aggravated by, their military service. This "presumptive policy" simplifies the process for receiving compensation for these diseases since VA foregoes the normal requirements of proving that an illness began during or was worsened by your military service. These cookies may be set through our website by our advertising partners. Please switch auto forms mode to off. Vets exposed to agent orange chemical during the Vietnam war and suffering from conditions may qualify for benefits. AGENT ORANGE IN KOREA. Call Us for a Free Evaluation (888) 573-7838. . 3. Crystal is honored to follow and report on any legal case. The average compensation for Agent Orange is a 100 percent service connected VA disability rating, which is worth a minimum of $3,332.06 per month in 2022. Any U.S. or Royal Thai military base in Thailand from January 9, 1962, through June 30, 1976. On September 27, 1997, the District Court ordered the Fund closed, its assets having been fully distributed. Contact the attorneys at Chisholm Chisholm & Kilpatrick LTD for a free consultation. Veterans who were exposed to Agent Orange may have certain related cancers or other illnesses. Prior to July 1, 2004, interest earned by conserved Agent Orange settlement payments is not excluded from income. By: Kevin Lilley. Berry Law Firm works with veterans nationwide who do not receive proper Agent Orange-related disability benefits. If you have dependents, such as a spouse, children, or dependent parents, you can earn even more money on their behalf. In 1989, the court invalidated the 1985 regulation, finding that the regulation required too high of a standard of proof and required the VA to undergo new rule-making standards. To access the menus on this page please perform the following steps. View more property details, sales history and Zestimate data on Zillow. 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. 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. You can also call the Agent Orange Help Line at 1-800-749-8387 or send an e-mail to GW/AOHelpline@vba.va.gov. Hit enter to expand a main menu option (Health, Benefits, etc). 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Copy this embed code to share the infographic on your own site. Your 100 percent rating continues until six months after successful completion of a treatment program. Today, veterans who receive financial assistance as a result of Agent Orange connected medical issues generally get their compensation in the form of disability benefits. In this May 1966 file photo, a U.S. Air Force C-123 flies low along a South Vietnamese highway spraying defoliants on dense jungle growth beside the road to eliminate ambush sites for the Viet . OK'd for Agent Orange Compensation. Veterans Law Surviving spouses, dependent children and dependent parents of Veterans who were exposed to Agent Orange and died as the result of diseases related to Agent Orange exposure may be eligible for a monthly payment called Dependency and Indemnity Compensation. This information is made available for educational purposes only and to provide general information and a general understanding of the law. Lawmakers introduce bill to extend VA care to 490,000 more veterans ill from Agent Orange. Agent Orange exposure does not end with the veteran, but rather Agent Orange exposure may also contribute to birth defects in veterans children. If your military records show you served in a qualifying location during the Vietnam era, VA will grant service connection on a presumptive basis. Area of Practice: Thats why it is so important for affected veterans and their loved ones to look into what is the average compensation for Agent Orange in 2022. The effects of Agent Orange can take years to appear. This means VA presumes they are related to a Veterans service in Vietnam. The compensation fund shall consist of the following amounts: (1) Amounts appropriated to the compensation fund pursuant to an authorization of appropriations . A 2016 study found an association between people with high levels of dioxin in their blood and the development of chronic kidney disease. 1425 2nd Ave #303, Chula Vista, CA 91911. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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.