Did you develop a lung, skin condition, or other disease leading to cancer? Are your 100% disabled benefits not enough to handle this and other health problems? If you suffer from Agent Orange exposure, you need experienced and aggressive veteran law attorneys on your side, and Ehline Law Firm can help. Most of us know these chemicals and defoliants were used during the Vietnam police action to clear jungles of canopies near firebases and enemy military installations and hiding places.
It has killed, maimed a mutated a lot of people since it was banned later as a highly toxic carcinogen. In 1991 Congress said some health conditions were presumptively caused by Agent Orange. Still, it was not until now that families had substantial rights to pursue “presumptive” conditions under a tort scheme for illnesses.
Although a bill was recently passed that assists vets of Operation Iraqi Freedom, it was combined with other bills like the Sergeant Charles Harz law. If you were exposed and are in need of benefits, contact us at (833) LETS-SUE to get started or continue reading about this chemical and other blood-related illnesses occurring to veterans who served.
Get VA Disability Benefits from Agent Orange Exposure
Many Vietnam veterans served in the 1960s and 1970s in Vietnam on aircraft that carried the herbicides, on Royal Thailand military bases, or in the DMZ (Korean Demilitarized Zone). They now suffer from various health problems, including cancer. Clients and their families are left to prove their wrongful death claims to the powers that be at Veteran’s Affairs. Good luck winning your appeal. Good luck getting VA doctors to testify on your behalf or getting any type of justice without the right lawyer or a hefty fee.
The VA (Department of Veterans Affairs) has come up with presumptive conditions that allegedly came from exposure to Agent Orange or other herbicide agents. Likewise, the VA assumes that veterans who came into contact with it did so in Thai Air Bases, the DMZ, and in Vietnam.
In most cases, veterans must show these things to prove VA disability compensation:
- A current disability
- An in-service connection between the disability and work while in service
- An in-service illness or injury.
Under the presumptive conditions rules for herbicide agents, the VA might presume it’s an in-service injury or link a disability with in-service exposure for some veterans. Therefore, it’s much easier to prove the connection and receive compensation from the Veterans Administration.
However, veterans who don’t qualify for presumptions between Agent Orange and being in service may still get VA disability benefits. However, they must show evidence of a connection.
VA Fails to Acknowledge Links Between Exposure to Agent Orange and Certain Disabilities
The VA can make various mistakes when it comes to Agent Orange exposure. These include:
- Denying a claim for compensation because the disability isn’t recognized as presumptive and coming from Agent Orange, even while medical evidence shows this
- Giving veterans lower disability ratings that don’t indicate the severity of their current illness. Some Agent Orange-related conditions are degenerative.
- Determining the wrong effective date for disability benefits, and decreasing the backpay amount a veteran receives to make the difference.
Ehline Law Firm works with veterans in the Los Angeles area who have not received proper disability benefits after being exposed to Agent Orange in the field.
Which Vietnam Veterans Can Get Disability Compensation Because of a Presumptive Condition?
The US military used Agent Orange by the millions of gallons, spraying it over the Vietnam jungles and throughout the Korean DMZ. This led to a pattern of death and illness among those men who returned from service.
Though most military service personnel must prove the disability through diagnosis, the VA now presumes an Agent Orange disability for those who:
- Served near or in the Korean DMZ from April 1, 1968, to August 31, 1971
- Served in Vietnam from January 9, 1962, to May 7, 1975, which includes brief visits on shore or ships
- Served in the Air Force Reserves or in the Air Force between 1969 and 1986 and regularly operated, administered, or maintained C-123 aircraft that sprayed Agent Orange.
Which Disabilities Might be Eligible for the Presumptive Agent Orange Disability Compensation?
The VA presumes that some health problems, such as cancer, are connected to a veteran being exposed to Agent Orange during their military service. They include:
- Parkinson’s disease (and similar symptoms)
- Bladder cancer
- Soft tissue sarcomas (not mesothelioma, Kaposi’s sarcoma, chondrosarcoma, and osteosarcoma)
- Respiratory cancers (such as cancers of the bronchus, trachea, or larynx)
- Lung cancer and connective tissues
- Prostate cancer
- Porphyria cutanea tarda
- Early-onset peripheral neuropathy
- Non-Hodgkin’s lymphoma
- Multiple myeloma
- Ischemic heart disease
- Hodgkin’s disease
- Type 2 diabetes mellitus
- Chronic B-cell leukemia
- AL amyloidosis.
Do I Need Agent Orange Lawyers if I Have a Presumptive Disease?
Generally, if you have one of the diseases listed above, you can seek VA benefits without requiring Agent Orange lawyers. Even if you have numbness, a proven lawyer can help you through the process. However, those with a disability not on the list who were in the service during the Vietnam era may need to speak with an attorney to get assistance.
In some cases, children of Vietnam-era veterans may also be eligible under this important legislation. The veteran’s service connection must include Agent Orange usage, and the child must have one of many birth defects, such as spina bifida, larynx, trachea problems linked to this herbicide around the world. The presumption helps get you closer to compensation.
How Much Compensation Will You Get?
Once the service connection proves that there is an Agent Orange disability, the amount of tax-free and monthly payments the veteran gets depends on the specific condition and how much it affects their ability to earn money.
For example, those with Type 2 Diabetes will have to list whether they can treat it with a restricted diet, insulin injections, activity regulation, and more.
The Proper Disability Effective Date
The effective date for disability compensation is often when the VA receives a claim that the agency will approve. However, there are special dates for Agent Orange.
For example, Nehmer’s effective dates are related to a special class-action lawsuit. Those who served in the inland waterways or in Vietnam could be entitled to more backpay if they filed claims based on exposure to herbicidal agents and were denied before these presumptive rules went into effect.
What Are the Dates?
If you filed a claim anywhere from September 25, 1985, to May 3, 1989, the effective date is either the date your disability or other birth defects arose or the date when the VA got the claim.
Call COLT for Assistance
Are you interested in receiving compensation for a disease caused by Agent Orange? COLT can help military personnel who have certain diseases relating to Agent Orange used during the Vietnam War find a proper personal injury attorney for certain cancers and ailments causing nervous system damage or death. We can course chemical companies and liable parties liable for death or serious injury caused by agent orange exposure or other herbicides.
Agent Orange may have caused your medical conditions, and you deserve compensation. Please call our support staff at (833) LETS-SUE for a free consultation and work with caring, compassionate attorneys who will fight for you in or out of the jungle canopy. We can help veterans who served get paid for this and other health problems.