Last week, The War Horse revealed how the Department of Veterans Affairs’ inspector general estimated that VA has failed to inform up to 87,000 Vietnam War veterans and their survivors that they may now qualify for retroactive compensation benefits because of exposure to toxic herbicides such as Agent Orange. The report said these veterans and their families may be entitled to up to $844 million in unpaid benefits. Click here to read that story. The information below explains how to determine if you are eligible.
Seven Steps to Find Out If You Qualify for Agent Orange Benefits
1. Determine if you or your family member served in a location that was exposed to Agent Orange.
a. For example, if you or a family member served for any length of time between January 9, 1962, and May 7, 1975, in the Republic of Vietnam, aboard a U.S. military vessel that operated in the inland waterways of Vietnam or on a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia.
b. There are other locations that are eligible as well, including locations in Thailand, Laos, Cambodia, Guam, Johnston Atoll, Korea and on some bases in the US. For a full list of locations and times see this page.
2. Determine if you or a family member have a health condition caused by Agent Orange exposure. There are over 20 conditions that are now considered “presumptive” — the government automatically assumes they were caused by Agent Orange. They include certain cancers, high blood pressure, type 2 diabetes, Parkinson’s disease and more. For a full list of the eligible conditions, see this page. You can be diagnosed with a presumptive condition by any doctor; it doesn’t have to be a VA doctor or at a VA health facility.
3. File a disability claim online, by mail, in person at your regional VA office, by fax or with the help of an accredited Veterans Service Organization. You will need to submit medical records of your health conditions and military records to show your dates of service.
4. If your condition was denied in the past but is now considered a presumptive condition due to the National Defense Authorization Act of 2021 or the PACT Act, you can file a supplemental claim.
5. If your claim is denied, you can request a new review of the case through a higher-level review. You have to request this review within one year of the initial decision date.
6. If your claim is denied or your higher-level review is denied, you can also request a board appeal. A Veterans Law Judge will review your claim. You also have to request this review within one year of the initial decision date.
7. If your claim gets denied and you are confused on how to proceed, you can ask a Veterans Service Organization to help you. Many organizations offer services for free to veterans. Look for an accredited organization in your state, or if you are a Vietnam veteran or survivor diagnosed with bladder cancer, hypothyroidism or parkinsonism and the VA did not grant you disability or death benefits for one of these diseases since Jan 1, 2022, you can reach out to the National Veterans Legal Service Program at agentorange@nvlsp.org.
— Leah Rosenbaum
TELL US YOUR STORY
If you or somebody you know is a Vietnam War veteran suffering from illnesses that may be linked to exposure to Agent Orange, share your story with us about whether or not you are receiving benefits from VA. Send us an email at tips@thewarhorse.org
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