Agent Orange Exposure & Presumptive Conditions

Agent Orange is a highly toxic herbicide used by the U.S. military during the Vietnam era to defoliate trees and clear perimeters of military installations of enemy hiding places. In 1991, Congress passed the Agent Orange Act giving VA the authority to declare certain medical conditions “presumptive” to exposure to Agent Orange. This means a veteran does not have to prove a disability was actually caused by Agent Orange. Instead, if a veteran has a current disability and evidence of exposure to Agent Orange, the disability is automatically granted service connection.

PRESUMPTIVE CONDITIONS

Three conditions were added in 2021: bladder cancer, hypothyroidism, and Parkinsonism. The PACT Act, signed in August 2022, added two more: high blood pressure (hypertension) and monoclonal gammopathy of undetermined significance (MGUS). Hypertension reaches the most Vietnam-era veterans, simply because so many have it. If you have been treated for high blood pressure and you served in a covered location, that is now a presumptive condition.

The list of Agent Orange presumptive conditions has expanded since 1991, and currently includes:

• AL amyloidosis
• Bladder cancer
• Chronic B-cell leukemia
• Chloracne
• Type 2 diabetes
• High blood pressure (hypertension)
• Hodgkin’s disease
• Hypothyroidism
• Ischemic heart disease
• Multiple myeloma
• Monoclonal gammopathy of undetermined significance (MGUS)
• Non-Hodgkin’s lymphoma
• Parkinsonism
• Parkinson’s disease
• Prostate cancer
• Respiratory cancers (lung, larynx, trachea, bronchus)
• Peripheral neuropathy or porphyria at least 10 percent disabling within one year of exposure
• Soft tissue sarcomas (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma)

AGENT ORANGE EXPOSURE IN VIETNAM

The VA presumes a veteran was exposed to Agent Orange if he or she either had boots on the ground in Vietnam or service on the inland waterways of Vietnam, all between January 9, 1962, and May 7, 1975. For example, a service member meets the “service in Vietnam” by having a 15-minute layover in Vietnam while en route to another destination. On the other hand, a pilot who flew over Vietnam but never landed would not be afforded the presumption. In the pilot’s case, he would have to show exposure to Agent Orange by other means.

The VA also presumes Agent Orange exposure for “Blue Water Navy” veterans – those who served on a ship that came within 12 nautical miles of the coast of Vietnam between January 9, 1962, and May 7, 1975. When the VA evaluates a Blue Water claim, it verifies the ship’s location using deck logs, ship histories, and its own list of Navy and Coast Guard ships associated with service in Vietnam. If a veteran’s ship appears on that list for the dates he or she was aboard, the presumption applies without further proof of the ship’s position. If the ship does not appear on the list, the veteran can still prevail by using deck logs and other records to place the ship within 12 nautical miles of the coast.

Importantly, veterans whose claims were denied before the Blue Water Navy Vietnam Veterans Act took effect on January 1, 2020, can have those claims readjudicated under the new law. For example, a veteran denied in 2010 because his ship never entered Vietnam’s inland waterways may now qualify under the 12-nautical-mile rule, and if the claim is granted on readjudication, the VA may pay benefits retroactive to the date of the original claim.

AGENT ORANGE EXPOSURE IN KOREA

It is estimated that over 12,000 American service members were exposed to Agent Orange while serving in Korea during the Vietnam era. Veterans who served in Korea during the Vietnam era are considered exposed to Agent Orange if they served between September 1, 1967, and August 31, 1971, in a unit, that as determined by the DoD, operated in or near the Korean DMZ in an area in which Agent Orange or other herbicides are known to have been applied during that period.

AGENT ORANGE EXPOSURE IN THAILAND

VA presumes Agent Orange exposure for veterans who served at a U.S. or Royal Thai military base in Thailand between January 9, 1962, and June 30, 1976. This is a change worth knowing about. VA used to require proof that your duties placed you on or near the base perimeter, which was a difficult thing to document decades later. That perimeter requirement is gone, and service anywhere on a covered base during the period is now enough.

AGENT ORANGE EXPOSURE IN OTHER LOCATIONS

The PACT Act widened where VA presumes herbicide exposure beyond Vietnam, Korea, and Thailand. Exposure is now presumed for service in:

• Laos — December 1, 1965, to September 30, 1969
• Cambodia, at Mimot or Krek in Kampong Cham Province — April 16 to April 30, 1969
• Guam or American Samoa, or their territorial waters — January 9, 1962, to July 31, 1980
• Johnston Atoll, or a ship that called at Johnston Atoll — January 1, 1972, to September 30, 1977

HOW WE CAN HELP

During the 1970s and 1980s, the VA denied tens of thousands of claims for disabilities which are now presumptively service connected. If you were previously denied service connection for a condition which is now a presumptive condition, you may be eligible for backpay back to the date you filed your originally denied claim.

A denial issued before your condition was added to the presumptive list was decided under the old rules. You can file again, and VA does not treat that as an attempt to reopen a settled question, because what changed is the law and not the facts of your service.

The rule that may let you recover backpay to your original claim comes from a class action lawsuit called Nehmer v. U.S. Department of Veterans Affairs. Under the Nehmer court orders, whenever a condition is added to the Agent Orange presumptive list, VA must identify the claims it previously denied for that condition, re-decide it on its own, and pay benefits back to the date of the original claim. The review is supposed to be automatic, but we all know VA doesn’t always do what it is supposed to do. This is how veterans denied for conditions like ischemic heart disease and Parkinson’s disease recovered decades of backpay when those conditions were later added to the list. One important limit: Nehmer does not apply to the two Agent Orange conditions the PACT Act added: hypertension and MGUS.

OUR FEE

We work on a contingency fee basis which means you pay no up-front fees for my representation. You only pay our fee if we successfully resolve your appeal. Our fee is a reasonable percentage of your backpay award, and does not impact your future benefits.

In addition, we advance all costs of your appeal including the cost of obtaining independent medical examinations (when appropriate). You are only responsible for repayment of expenses upon successful resolution of your appeal, or if you terminate our representation before final conclusion of your appeal.

WHY ME

I handle every aspect of your case from initial intake to resolution, and as a disabled veteran myself, I understand what you are going through. I don’t use support staff, so you are always dealing with me and I pride myself on responding to my clients in a timely manner.

Our Firm’s Military Experience & Education

Each team member at After Service LLC has a personal connection to the military. Three of our attorneys have served in the armed forces, bringing firsthand experience and understanding to the challenges faced by service members and their families. Our lead attorney, Gregory M. Rada, received his A.A.S. degree in Aviation Operations at the Community College of the Air Force. He then earned his bachelor’s degree in information technology while serving in the Air Force before going to law school. With our collective military background, we are truly a firm of veterans, for veterans.

Types of Agent Orange Exposure Cases We Handle

Our Agent Orange exposure attorney is committed to helping veterans across the nation obtain the benefits they deserve due to exposure to this harmful herbicide. Our firm understands the wide range of health issues linked to Agent Orange exposure. We focus on supporting veterans who face these conditions by handling claims with care and fierce advocacy.

Respiratory Conditions Related to Agent Orange Exposure

Respiratory conditions such as chronic bronchitis, emphysema, or other chronic obstructive pulmonary diseases (COPD) are not Agent Orange presumptive conditions, however, veterans can still win service connection due to Agent Orange with a well-reasoned independent nexus opinion. We help veterans prove the connection between their respiratory issues and toxic chemicals, so that they receive appropriate VA disability benefits for non-presumptive conditions caused by Agent Orange exposure.

Cancers Associated with Agent Orange

Similarly, there are many types of cancer that are not presumptive but can still be service connected via a scientifically supported nexus opinion. Our team understands the nuances involved with complex Agent Orange cancer cases and we work diligently with expert doctors to generate the evidence needed to win service connection for non-presumptive cancers.

Skin Disorders and Chloracne

Chloracne, a severe skin condition resembling acne, is directly connected to exposure to dioxins found in Agent Orange. This condition can cause persistent and painful skin lesions that impact daily life. We assist veterans diagnosed with chloracne or other skin disorders in establishing their eligibility for VA disability compensation, helping them overcome common obstacles in the claims process.

Neurological and Cognitive Disorders

Research indicates that exposure to Agent Orange may contribute to neurological problems such as Parkinson’s disease and certain cognitive impairments. Veterans experiencing tremors, memory loss, or other neurological symptoms linked to Agent Orange have the right to file claims for disability benefits. Our team supports these cases by working with medical specialists to document the connection and advocate on behalf of our clients.

Diabetes Mellitus Type 2

Type 2 diabetes has been recognized by the VA as related to Agent Orange exposure. Veterans suffering from this condition may qualify for service-connected disability benefits. We assist veterans by preparing thorough claims that demonstrate the link between their diabetes and exposure during service, helping to secure the benefits they need for treatment and care.

Ischemic Heart Disease

Ischemic heart disease, including heart attacks and related cardiovascular issues, has also been associated with Agent Orange. Veterans dealing with heart problems potentially linked to their service deserve access to VA benefits. We help build strong cases that connect their medical condition to contact with Agent Orange, aiming to maximize their compensation.

Trusted Help for Agent Orange Exposure Claims

If you are a veteran suffering from conditions related to Agent Orange exposure, you don’t have to face the VA claims process alone. As a dedicated VA disability law firm, we know how to win these cases. We serve veterans nationwide and operate on a contingency basis—meaning no fees unless you win. Our experienced team understands the unique challenges involved with Agent Orange disability claims and is ready to help you get the benefits you deserve. Contact us today to schedule a free case review and take the first step toward securing your rightful compensation.