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September 25, 2024

7 Best Agent Orange Benefits for Widows

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Agent Orange was one of several toxic herbicides used during the Vietnam War, leaving devastating health impacts on countless veterans and their families.

For widows of veterans who were exposed to Agent Orange, understanding the benefits available can be crucial in securing the support needed after their loss.

Whether your veteran spouse filed a claim while alive or not, you may still be eligible for a range of VA benefits if their death was linked to Agent Orange exposure.

This article will provide a list of 7 Agent Orange VA benefits for widows along with eligibility requirements, how to apply, and some tips and strategies to help you secure them.

Summary of Key Points

  • Agent Orange Exposure and Eligibility: Veterans are presumed to have been exposed to Agent Orange if they served in Vietnam or its surrounding waters between January 9, 1962, and May 7, 1975. This presumption also extends to service in specific locations. Widows of veterans who served in these areas and developed related conditions may be eligible for various VA benefits.
  • Presumptive Conditions for Agent Orange Exposure: The VA recognizes numerous conditions as presumptive to Agent Orange exposure, including various cancers, Type 2 Diabetes, Parkinson’s Disease, and Ischemic Heart Disease. If your spouse passed away from one of these conditions, you may have a strong case for obtaining survivor benefits.
  • Impact of the PACT Act: The PACT Act of 2022 expanded the list of presumptive conditions related to Agent Orange exposure, making it easier for surviving spouses to qualify for benefits. This legislation helps reduce the burden of proof needed to establish a connection between a veteran’s death and their exposure.
  • List of VA Benefits for Widows: Surviving spouses may be eligible for several benefits, including Dependency and Indemnity Compensation (DIC), Survivors Pension, CHAMPVA healthcare, educational assistance through the DEA program, and VA-backed home loans. Proper documentation, such as the veteran’s death certificate and service records, is essential for a successful claim.

Understanding Agent Orange Exposure and Eligibility for Widows

Agent Orange was used extensively during the Vietnam War to eliminate dense vegetation, exposing millions of U.S. service members to harmful chemicals, including dioxins known to cause serious health issues.

The VA presumes that veterans were exposed to Agent Orange if they served in Vietnam or its surrounding waters between January 9, 1962, and May 7, 1975.

This presumption extends to service in certain locations such as:

1. In Vietnam (or its inland waterways) between January 9, 1962, and May 7, 1975.

2. On a ship within 12 nautical miles of Vietnam or Cambodia during the same period.

3. In specific areas added by the PACT Act, such as:

  • U.S. or Royal Thai military bases in Thailand (1962-1976)
  • Laos (1965-1969)
  • Cambodia at specific locations and dates
  • Guam, American Samoa, or nearby waters (1962-1980)
  • Johnston Atoll (1972-1977)

4. In or near the Korean DMZ between September 1, 1967, and August 31, 1971.

5. Involved in handling, testing, or storing Agent Orange during service, or if you worked with C-123 aircraft contaminated by Agent Orange.

6. Reservists who served at specific Air Force bases with C-123 aircraft, such as in Ohio, Massachusetts, or Pennsylvania, during certain periods, may also qualify.

If your spouse served in any of these locations and later developed a condition linked to Agent Orange, you may be eligible for various VA benefits.

VA Presumptive Conditions to Agent Orange Exposure

The VA recognizes several conditions as being presumptively caused by Agent Orange exposure, which simplifies the process of establishing a service connection for these conditions.

Newest Agent Orange Presumptive Conditions Added by the PACT Act

  • High blood pressure (hypertension)
  • Monoclonal gammopathy of undetermined significance (MGUS)

List of Cancers Caused by Agent Orange Exposure

  • Bladder cancer
  • Chronic B-cell leukemia
  • Hodgkin’s disease
  • Multiple myeloma
  • Non-Hodgkin’s lymphoma
  • Prostate cancer
  • Respiratory cancers (including lung cancer)
  • Soft tissue sarcomas (excluding osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma)

List of Other Conditions Presumed to Be Caused by Agent Orange Exposure

  • AL amyloidosis
  • Chloracne (or similar acneform disease) – must be 10% disabling within 1 year of exposure
  • Diabetes mellitus type 2
  • Hypothyroidism
  • Ischemic heart disease
  • Parkinsonism
  • Parkinson’s disease
  • Peripheral neuropathy, early onset – must be 10% disabling within 1 year of exposure
  • Porphyria cutanea tarda – must be 10% disabling within 1 year of exposure

If your spouse passed away from any of these conditions, you have a strong case for obtaining survivor benefits.

For survivor claims, it is crucial to have the veteran’s death certificate accurately reflect the service-connected condition, and any medical or service records that can further substantiate your claim for VA benefits.

The Impact of the PACT Act on Agent Orange Claims

The PACT Act of 2022 significantly expanded the list of presumptive conditions related to Agent Orange and other toxic exposures, making it easier for surviving spouses to qualify for benefits.

This legislation reduces the burden of proof needed to establish the connection between a veteran’s death and their exposure, providing more opportunities for widows and dependents to access the compensation they deserve.

Are Widows Eligible for Agent Orange Benefits?

Yes, widows of veterans exposed to Agent Orange may be eligible for various VA benefits if the veteran’s death was related to an Agent Orange-related condition.

These benefits include Dependency and Indemnity Compensation (DIC), VA Survivors Pension, CHAMPVA healthcare benefits, Chapter 35 educational assistance, VA home loans, VA burial allowance, and VA accrued benefits.

Eligibility is based on the veteran’s service history and whether they were diagnosed with a condition presumed to be caused by Agent Orange exposure.

List of Agent Orange Benefits for Widows

Here’s a detailed list of the 7 best VA benefits available to the surviving spouses of veterans who passed away from Agent Orange exposure:

1. Dependency and Indemnity Compensation (DIC) Benefits

If your spouse dies with a 100% service-connected VA disability rating, you may qualify for Dependency and Indemnity Compensation (DIC).

This refers to tax-free monthly benefits sent to the surviving spouses of disabled veterans.

If you’re the surviving spouse of a veteran, the minimum monthly DIC pay rate in 2024 is $1,612.75.

View the current 2024 DIC pay rates.

Note that surviving spouses can get additional monthly DIC compensation with any of the following:

If this description is true…You may qualify for this benefitAdditional monthly pay rate
– The Veteran had a VA disability rating of totally disabling (including for individual unemployability) for at least the 8 full years leading up to their death, and

– You were married to the Veteran for those same 8 years
– 8-year provision– $342.46
– You have a disability and need help with regular daily activities (like eating, bathing, or dressing)– Aid and Attendance– $399.54
– You can’t leave your house due to a disability– Housebound allowance– $187.17
– You have 1 or more children who are under 18– Transitional benefit, and

– DIC apportionment rate
– $342.00 for the first 2 years after the Veteran’s death

– $399.54 for each eligible child

2. VA Survivors’ Pension Benefits

VA Survivors Pension offers monthly payments to qualified surviving spouses and unmarried dependent children of wartime Veterans who meet certain income and net worth limits set by Congress.

Requirements:

You may be eligible for this benefit if you haven’t remarried after the Veteran’s death, and if the deceased Veteran didn’t receive a dishonorable discharge and their service meets at least one of these requirements.

At least one of these must be true:

  • The Veteran entered active duty on or before September 7, 1980, and served at least 90 days on active military service, with at least 1 day during a covered wartime period, or
  • The Veteran entered active duty after September 7, 1980, and served at least 24 months or the full period for which they were called or ordered to active duty (with some exceptions), with at least 1 day during a covered wartime period, or
  • The Veteran was an officer and started on active duty after October 16, 1981, and hadn’t previously served on active duty for at least 24 months

3. CHAMPVA Healthcare Benefits

Surviving spouse or a child of a Veteran with disabilities or a Veteran who has died may be able to get health insurance through the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA).

Requirements:

You may only be eligible for health care through CHAMPVA if you don’t qualify for TRICARE and at least one of these descriptions is true for you.

At least one of these must be true:

  • You’re the spouse or child of a Veteran who’s been rated permanently and totally disabled for a service-connected disability by a VA regional office, or
  • You’re the surviving spouse or child of a Veteran who died from a VA-rated service-connected disability, or
  • You’re the surviving spouse or child of a Veteran who was at the time of death rated permanently and totally disabled from a service-connected disability, or
  • You’re the surviving spouse or child of a service member who died in the line of duty, not due to misconduct (in most of these cases, family members qualify for TRICARE, not CHAMPVA), or
  • A service-connected disability is a disability that we’ve concluded was caused—or made worse—by the Veteran’s active-duty service. A permanent disability is one that’s not expected to improve.

4. Chapter 35 Dependents’ Educational Assistance (DEA) Benefits

Surviving spouse or child of a Veteran may be eligible for Dependents’ Educational Assistance (DEA) benefits.

Requirements:

You may be eligible for VA education benefits (Chapter 35 benefits) if you’re the child or spouse of a Veteran and one of these descriptions listed is true of the Veteran.

One of these must be true:

  • The Veteran is permanently and totally disabled due to a service-connected disability, or
  • The Veteran died while on active duty or as a result of a service-connected disability

5. VA Home Loan Benefits

Surviving spouses are eligible for a variety of VA home loan benefits.

The VA offers three home loan guaranty programs such as Purchase Loans, Cash-Out Refinance Home Loans and Interest Rate Reduction Refinance Loans to eligible widows of Veterans and service members.

These programs may be used to refinance a mortgage or help purchase, construct, or improve a home.

Requirements:

To get a VA-backed home loan as the surviving spouse of a Veteran, you’ll need a Certificate of Eligibility (COE) to show your lender that you qualify for this benefit.

You may be able to get a COE if you’re the spouse of a Veteran, and at least one of these descriptions is true for them.

At least one of these must be true:

  • The Veteran is missing in action, or
  • The Veteran is a prisoner of war (POW), or
  • The Veteran died while in service or from a service-connected disability and you didn’t remarry, or
  • The Veteran died while in service or from a service-connected disability and you didn’t remarry before you were 57 years old or before December 16, 2003, or
  • The Veteran had been totally disabled and then died, but their disability may not have been the cause of death (in certain situations)

6. VA Burial Allowance Benefits

Surviving dependents of a Veteran who has died may be eligible to receive VA burial allowances if you’re paying for the burial and funeral costs, and you won’t be reimbursed by any other organization, like another government agency or the Veteran’s employer.

Requirements:

One of these relationships or professional roles describes your connection to the Veteran:

  • You’re the Veteran’s surviving spouse (Note: We recognize same-sex marriages.), or
  • You’re the surviving partner from a legal union (a relationship made formal in a document issued by the state recognizing the union) or
  • You’re a surviving child of the Veteran, or
  • You’re a parent of the Veteran, or
  • You’re the executor or administrator of the Veteran’s estate (someone who officially represents the Veteran)

The Veteran must not have received a dishonorable discharge, and one of these circumstances must be true:

  • The Veteran died as a result of a service-connected disability (a disability related to service), or
  • The Veteran died while getting VA care, either at a VA facility or at a facility contracted by VA, or
  • The Veteran died while traveling with proper authorization, and at VA’s expense, either to or from a facility for an examination, or to receive treatment or care, or
  • The Veteran died with an original or reopened claim for VA compensation or pension pending at the time of death, if they would’ve been entitled to benefits before the time of death, or
  • The Veteran died while receiving a VA pension or compensation, or
  • The Veteran died while eligible for a VA pension or compensation at their time of death, but instead received full military retirement or disability pay.

Or:

  • The Veteran had been getting a VA pension or compensation when they died, or
  • The Veteran had chosen to get military retired pay instead of compensation.

7. Accrued VA Benefits

Widows may be eligible for a one-time accrued VA benefits payment.

You may qualify if you’re the surviving spouse, dependent child, or dependent parent of a Veteran who VA owed unpaid benefits at the time of their death.

VA pays accrued benefits based on the claimant’s relationship to the deceased beneficiary.

If there is no eligible living person, VA pays accrued benefits based on reimbursement.

How to Apply for Agent Orange Survivor Benefits

Applying for survivor benefits can be a complex process, but having the right documentation and support can make all the difference.

Here’s what you need to do:

Gather the Required Documentation:

  • Veteran’s death certificate listing a service-connected condition.
  • Proof of marriage, such as a marriage certificate.
  • Veteran’s service records showing service in a location associated with Agent Orange exposure.
  • Medical records showing the veteran’s diagnosis of a condition linked to Agent Orange.

Submit a Claim: File your claim using VA Form 21-534EZ, “Application for DIC, Death Pension, and/or Accrued Benefits.” You can apply online via the VA’s website, by mail, or in person at your local VA office.

Get Support: Consider working with a Veteran Service Officer (VSO) who can provide free assistance with your claim, ensuring all necessary evidence is submitted correctly.

Appeal if Denied: If your claim is denied, don’t be discouraged. Many initial denials are overturned on appeal with additional evidence or clarification.

Conclusion & Wrap-Up

Navigating the VA claims process as a surviving spouse can feel overwhelming and challenging, but you don’t have to face it alone.

The VA offers a range of benefits to provide support during this difficult time—whether you need financial assistance, healthcare coverage, or educational opportunities.

Remember, these benefits are not just handouts, they are entitlements earned through your spouse’s service to our country.

Don’t hesitate to advocate for yourself and pursue every benefit you’re eligible for.

It’s your right to access these resources, so take full advantage of the support available to you.

If you need help navigating the process, reach out to a Veteran Service Officer (VSO) or an experienced professional who can guide you every step of the way.

You’ve given so much—now it’s time to ensure you receive the care and support you’ve earned.

About the Author

Brian Reese
Brian Reese

Brian Reese

Brian Reese is a world-renowned VA disability benefits expert and the #1 bestselling author of VA Claim Secrets and You Deserve It. Motivated by his own frustration with the VA claim process, Brian founded VA Claims Insider to help disabled veterans secure their VA disability compensation faster, regardless of their past struggles with the VA. Since 2013, he has positively impacted the lives of over 10 million military, veterans, and their families.

A former active-duty Air Force officer, Brian has extensive experience leading diverse teams in challenging international environments, including a combat tour in Afghanistan in 2011 supporting Operation ENDURING FREEDOM.

Brian is a Distinguished Graduate of Management from the United States Air Force Academy and earned his MBA from Oklahoma State University’s Spears School of Business, where he was a National Honor Scholar, ranking in the top 1% of his class.

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