VA Disability for Agent Orange Exposure: What Has Changed?

During the Vietnam War era, the military made extensive use of the chemical compound known as Agent Orange, exposing servicemembers to the substance and causing them to develop various health conditions in the decades since the end of the Vietnam conflict. Over the years, Congress has passed laws that provide VA disability benefits to veterans who were exposed to Agent Orange and other dangerous chemicals used by the military. Some recent developments have made it easier for veterans to apply for disability benefits for conditions connected to Agent Orange exposure. 

Agent Orange and VA Disability

“Agent Orange” is the popular name for a toxic chemical herbicide widely used by the U.S. military during the Vietnam War to destroy forests used by North Vietnamese forces to hide troops and supply lines and to destroy farms that supplied food to North Vietnam. The VA has recognized that exposure to Agent Orange by servicemembers serving in the Vietnam War has caused veterans to develop a wide range of medical issues, such as:

• Amyloidosis
• Bladder cancer
• Chronic B-cell leukemia
• Chloracne 
• Type-2 diabetes
• Hypertension (high blood pressure)
• Hodgkin’s and non-Hodgkin’s lymphoma
• Hypothyroidism
• Monoclonal gammopathy of undetermined significance
• Multiple myeloma
• Parkinson’s disease
• Peripheral neuropathy
• Porphyria cutanea tarda
• Prostate cancer
• Respiratory cancers
• Soft tissue sarcomas

In the years following the Vietnam War, veterans who served in the conflict faced challenges in securing VA disability benefits after developing these diseases due to the difficulty in establishing a service connection between their disease and military service. 

Key Recent Changes in VA Disability Benefits for Agent Orange Exposure

Over the past few decades, Congress and the VA have recognized an increasing number of diseases and chronic illnesses as linked to Agent Orange exposure. New laws and regulations have designated various health conditions as “presumptive conditions.” A presumptive condition designation can significantly relieve the burden for a veteran to prove a service connection for their disabling health condition. Instead, a veteran with a presumptive condition linked to Agent Orange only needs to show that they served in a location that exposed them to Agent Orange, such as military bases that stored Agent Orange, aircraft that deployed the chemical, or battlefields treated with Agent Orange. 

Recently, Congress passed the PACT Act, which expanded the eligibility criteria for VA disability benefits for Agent Orange exposure. The law recognized several more presumptive conditions and enabled the VA to identify additional conditions once medical research establishes a causal link between a condition and Agent Orange exposure. The PACT Act also added other locations outside of Vietnam where veterans could have qualifying exposure to Agent Orange, such as servicemembers who served in Thailand or Navy veterans who served aboard ships in Southeast Asia. 

How These Changes Affect Veterans and Families

The recent efforts to expand eligibility for VA disability benefits based on Agent Orange exposure have enabled Vietnam War-era veterans and their families to gain access to financial compensation and healthcare. Under certain circumstances, veterans who previously had disability benefits applications denied by the VA but who now fall within the eligibility criteria established by new laws like the PACT Act may qualify for retroactive benefits. Furthermore, surviving spouses and dependents of veterans who passed away from diseases caused by Agent Orange exposure may also qualify for VA benefits, such as Dependency and Indemnity Compensation. 

Contact a VA Disability Lawyer Today

The VA offers financial benefits and services to veterans who have developed illnesses and other health issues from exposure to Agent Orange during military service. Contact Veterans Benefits Law Group today for a free, no-obligation consultation with a VA disability benefits attorney to learn more about your rights to benefits if you had exposure to Agent Orange while serving in the military.