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July 21, 2024

What is Agent Orange? How to Get Presumptive VA Disability Benefits Due to Agent Orange Exposure!

Last updated on August 2, 2024

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Today, we’re diving into a crucial topic that affects many of our brave servicemen and women—Agent Orange exposure and its profound impact on your health and well-being.

If you’re here, it’s likely that you or a loved one has been exposed to this potent herbicide and defoliant chemical, widely used by the U.S. military during the Vietnam War.

Understanding the nature of Agent Orange, why it was used, and the long-term health effects it causes is essential in securing the presumptive VA disability benefits you’ve rightfully earned.

Let’s go!

Table of Contents

What is Agent Orange?

Agent Orange is a potent herbicide and defoliant chemical, prominently used by the U.S. military during the Vietnam War from 1961 to 1971.

Named after the orange stripe on its storage barrels, it was a mixture of two chemicals: 2,4-D and 2,4,5-T.

The production of 2,4,5-T resulted in a dangerous by-product called dioxin (TCDD), a highly toxic compound linked to numerous health issues.

Purpose and Usage

Agent Orange was utilized to remove dense foliage that could hide enemy troops and to destroy crops that could be used to sustain them.

Approximately 20 million gallons of various herbicides, including Agent Orange, were sprayed over Vietnam, Laos, and Cambodia during this period.

Health Effects of Agent Orange Exposure

Exposure to Agent Orange and its dioxin contaminant has been associated with severe health problems:

  • Cancer: Various types, including soft tissue sarcoma, non-Hodgkin’s lymphoma, and Hodgkin’s disease.
  • Diabetes: Type 2 diabetes.
  • Neurological Disorders: Peripheral neuropathy and Parkinson’s disease.
  • Skin Disorders: Chloracne and other skin conditions.
  • Reproductive Issues: Birth defects in the children of exposed individuals.
  • Respiratory Issues: Respiratory cancers and chronic respiratory conditions.

The toxic effects of dioxin can persist in the environment and accumulate in the food chain, leading to long-term health consequences.

Impact on Veterans

Many Vietnam veterans who were exposed to Agent Orange have suffered from these health conditions.

The VA has recognized 44 conditions as presumptively service-connected due to Agent Orange exposure, meaning that veterans with these conditions are eligible for disability compensation and healthcare benefits.

How to Get Presumptive VA Disability Benefits Due to Agent Orange Exposure

Securing VA disability benefits for conditions related to Agent Orange exposure involves a few steps.

Here’s a comprehensive guide to help you navigate the process:

1. Understanding Agent Orange Presumptive Disability Conditions

The VA presumes that certain diseases are linked to Agent Orange exposure for veterans who served in specific locations and times.

A presumptive disability for Agent Orange exposure is one that the VA “presumes” to be service-connected, even if there’s no specific Nexus (“link” or “connection”) for service connection.

presumptive condition works like this: If you served at X location during the qualifying period and developed Y condition as a result, then X + Y = automatic service connection.

Instead of having to prove a service-connected disability, you only need to show with your DD 214 that you were deployed to an eligible location for Agent Orange Exposure during a specific period and that you developed a qualifying condition as a result.

2. The 2024 VA Agent Orange Presumptive List (Alphabetical Order)

The VA recognizes the following 44 conditions as presumptive to Agent Orange exposure:

  1. Adult fibrosarcoma, DC 5329
  2. All chronic B-cell leukemias, DC 7703
  3. Alveolar soft part sarcoma (ASPS), DC 5329
  4. Angiosarcoma (hemangiosarcoma and lymphangiosarcoma), DC 5329
  5. Bladder cancer, DC 7528
  6. Bronchial cancer, DC 6819
  7. Chloracne or similar acneform disease, DC 7829 (must manifest to 10% within 1 year of last exposure)
  8. Clear cell sarcoma of tendons and aponeuroses, DC 5329
  9. Congenital and infantile fibrosarcoma (CIF), DC 5329
  10. Dermatofibrosarcoma protuberans (DFSP), DC 5329
  11. Ectomesenchymoma, DC 5329
  12. Epitheliod sarcoma, DC 5329
  13. Epithelioid leiomyosarcoma (malignant leiomyoblastoma), DC 5329
  14. Extra-skeletal Ewing’s sarcoma, DC 5329
  15. High blood pressure (also called hypertension), DC 7101
  16. Hodgkin’s disease, DC 7709
  17. Hypothyroidism, DC 7903
  18. Ischemic heart disease, DC 7005 (does not include peripheral vascular disease, or stroke)
  19. Larynx cancer, DC 6819
  20. Leiomyosarcoma (LMS), DC 5329
  21. Liposarcoma, DC 5329
  22. Lung cancer, DC 6819
  23. Malignant fibrous histiocytoma (MFH), DC 5329
  24. Malignant ganglioneuroma, DC 5329
  25. Malignant giant cell tumor of tendon sheath, DC 5329
  26. Malignant glomus tumor, DC 5329
  27. Malignant granular cell tumor, DC 5329
  28. Malignant hemangiopericytoma, DC 5329
  29. Malignant mesenchymoma, DC 5329
  30. Malignant schwannoma, DC 5329
  31. Monoclonal gammopathy of undetermined significance (MGUS),DC 7712
  32. Multiple myeloma, DC 7712
  33. Non-Hodgkin’s lymphoma, DC 7715 (Blue Water Veterans eligible for this condition)
  34. Parkinson’s disease, DC 8004
  35. Parkinsonism, DC 8004
  36. Peripheral neuropathy, DC 8520 (must manifest to 10% within 1 year of last exposure)
  37. Porphyria cutanea tarda (PCT), DC 7815 (must manifest to 10% within 1 year of last exposure)
  38. Primary amyloidosis, DC 7717
  39. Proliferating (systemic) angioendotheliomatosis, DC 5329
  40. Prostate cancer, DC 7528
  41. Rhabdomyosarcoma (RMS), DC 5329
  42. Synovial sarcoma (malignant synovioma), DC 5329
  43. Trachea cancer, DC 6819
  44. Type 2 Diabetes, DC 7913

2. Verify Eligibility

Service Requirements for Presumption of Agent Orange Exposure

Eligibility for VA disability compensation benefits hinges, in part, on whether you served in a location that exposed you to Agent Orange. This is known as having a “presumption of exposure.”

You qualify for a presumption of exposure if you meet any of the following service requirements:

Service Locations and Timeframes

Between January 9, 1962, and May 7, 1975, you must have served:

  • In the Republic of Vietnam, or
  • Aboard a U.S. military vessel operating in the inland waterways of Vietnam, or
  • On a vessel operating no more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia

Based on the PACT Act, you must have served:

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

Additional Qualifications

You also qualify if any of the following are true:

  • You served in or near the Korean DMZ between September 1, 1967, and August 31, 1971, for any length of time, or
  • You served on active duty in a regular Air Force unit 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 otherwise using Agent Orange during your military service, or
  • You were a Reservist assigned to certain flight, ground, or medical crew duties at specific locations and times.

Eligible Reserve Locations, Time Periods, and Units:

  • Lockbourne/Rickenbacker Air Force Base (Ohio): 1969 to 1986 (906th and 907th Tactical Air Groups or 355th and 356th Tactical Airlift Squadrons)
  • Westover Air Force Base (Massachusetts): 1972 to 1982 (731st Tactical Air Squadron, 74th Aeromedical Evacuation Squadron, or 901st Organizational Maintenance Squadron)
  • Pittsburgh International Airport (Pennsylvania): 1972 to 1982 (758th Airlift Squadron)

Additional Resources

For more detailed information on service requirements, review the following sources:

3. Gather Necessary Documentation

To file a successful claim, gather and submit the following documentation:

  • Service Records: Prove that you served in Vietnam or other specified locations during the relevant time.
  • Medical Records: Provide evidence of diagnosis and treatment for the presumptive condition.
  • Exposure Evidence: Any records or personal statements supporting your exposure to Agent Orange.

4. File a VA Disability Claim

You can file a claim online, in person at a VA regional office, or with the assistance of a VA-accredited representative.

Here’s how to do it:

  • Online: Visit the VA’s website and follow the instructions.
  • In Person: Visit a VA regional office. Use the VA facility locator to find one near you.
  • With Assistance: Seek help from a VA-accredited attorney, claims agent, or Veterans Service Organization (VSO).

5. Attend a C&P Exam

After submitting your claim, you may be required to attend a Compensation & Pension (C&P) exam.

This exam helps the VA assess the severity of your condition and its connection to your service.

6. Await the Decision

The VA will review your claim, medical records, and C&P exam results to make a decision.

This process can take several months.

Right now VA claims are taking around 150 calendar days from submission to decision.

You will receive a rating decision by mail that outlines the VA’s findings and your new disability rating.

7. Appeal if Necessary

If you disagree with the VA’s decision, you have the right to appeal.

The appeals process can be complex, so consider seeking assistance from a VA-accredited representative.

Additional Agent Orange Resources

Agent Orange and VA Disability Benefits: Frequently Asked Questions (FAQs)

What is Agent Orange and why was it used?

Agent Orange is an herbicide and defoliant chemical used by the U.S. military during the Vietnam War to eliminate forest cover and crops used by enemy forces. It was a mixture of two chemicals, 2,4-D and 2,4,5-T, with the latter producing dioxin, a highly toxic by-product.

How can I know if I was exposed to Agent Orange?

If you served in Vietnam between January 9, 1962, and May 7, 1975, or in the Korean DMZ between September 1, 1967, and August 31, 1971, you are presumed to have been exposed. Other scenarios include serving on certain ships, in specific Air Force units, or at bases where Agent Orange was stored, tested, or disposed of.

What are the symptoms of Agent Orange exposure?

Symptoms vary based on the health condition but may include skin conditions (like chloracne), respiratory issues, various cancers, type 2 diabetes, neurological disorders (such as Parkinson’s disease), and birth defects in children of exposed individuals.

To apply, gather necessary documentation (service records, medical records), file a claim through the VA’s website, in person at a VA office, or with assistance from a VA-accredited representative. You may need to attend a C&P exam to assess the severity of your condition.

What is a presumptive condition in the context of Agent Orange exposure?

A presumptive condition is a disease or illness that the VA presumes to be service-connected for veterans exposed to Agent Orange, meaning that the veteran does not need to prove the condition was caused by their military service. This significantly simplifies the claims process.

What new conditions and locations have been added under the PACT Act?

The PACT Act added high blood pressure (hypertension) and monoclonal gammopathy of undetermined significance (MGUS) as presumptive conditions. New presumptive locations include additional U.S. and Royal Thai military bases, Laos, Cambodia, Guam, American Samoa, and Johnston Atoll.

What documents are needed to support my Agent Orange disability claim?

You’ll need your DD-214 or other proof of service, medical records showing diagnosis and treatment of the presumptive condition, and any evidence or personal statements about your exposure to Agent Orange.

What if I have a condition that’s not on the Agent Orange presumptive list?

You can still file a VA claim under the normal process for VA disability benefits. The key difference is that you’ll need to prove the “Nexus,” which means demonstrating that your disability was caused or aggravated by your military service or another service-connected disability. This typically involves providing medical evidence and, often, an expert medical opinion (Nexus Letter) linking your condition to your military service.

What happens if my VA disability claim for Agent Orange exposure is denied?

If your claim is denied, you have the right to appeal. This process can be complex, so it is advisable to seek assistance from a VA-accredited attorney, claims agent, or Veterans Service Organization (VSO). You can also request a review or reconsideration of your claim.

Are Blue Water Navy Veterans eligible for Agent Orange presumptive conditions?

Yes, under the Blue Water Navy Vietnam Veterans Act of 2019, veterans who served on ships within 12 nautical miles of Vietnam’s coast during the Vietnam War are eligible for presumptive conditions related to Agent Orange exposure.

What if VA denied my claim for bladder cancer, hypothyroidism, or Parkinsonism in the past?

The VA will automatically review these claims again without needing to file another claim. You’ll be notified of the review.

What if I’m a Blue Water Navy Veteran and my claim was denied?

You can file a Supplemental Claim if your claim was denied due to a lack of connection to your service. If approved, you may receive retroactive payments.

Related: Blue Water Navy Vietnam Veterans Act & Disability Benefits

What is an Agent Orange Registry health exam?

This is a free health exam for veterans who meet the service requirements for Agent Orange exposure. It helps identify health conditions related to herbicide exposure and contributes to research.

Can family members of veterans affected by Agent Orange receive benefits?

Yes, dependents and survivors of veterans who died from a condition related to Agent Orange exposure may be eligible for Dependency and Indemnity Compensation (DIC). Additionally, children of exposed veterans with certain birth defects might also qualify for benefits.

Related: 2nd Generation Agent Orange Symptoms

You can find more information on the VA’s official website, contact a VA regional office, or seek assistance from a Veterans Service Organization (VSO) such as the American Legion or Disabled American Veterans (DAV). Additionally, VA-accredited attorneys and claims agents can provide guidance.

For more information, visit the VA’s Official Agent Orange website.

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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