how can i find an attorney for my va agent orange claim

by Mrs. Ethyl Schumm 6 min read

Specifically, if you have certain medical conditions due to Agent Orange exposure, you are entitled to presumptive service connection. A VA disability lawyer from Chisholm Chisholm & Kilpatrick LTD may be able to help you with the process. Call 800-544-9144 for a free case evaluation with a member of our team.

Full Answer

Do you need assistance filing a VA claim?

Jun 11, 2021 · Our Lawyers Can Help with Your Agent Orange Disability Claim. Agent Orange VA benefits claims can be highly complex. Veterans often find it difficult to wade through the process and overcome obstacles to get the benefits they deserve. However, at Berry Law Firm, our attorneys deal with the complexity of VA claims every day. We know the way forward.

How veterans can successfully file a VA compensation claim?

Mar 15, 2016 · If you were exposed to Agent Orange and now have health issues, you may be eligible for Agent Orange VA disability benefits. Woods & Woods Agent Orange VA disability lawyers have helped thousands of veterans and their families. If you need assistance, please fill out the online contact form or call toll-free (866) 232-5777.

What is the average compensation for Agent Orange?

Specifically, if you have certain medical conditions due to Agent Orange exposure, you are entitled to presumptive service connection. A VA disability lawyer from Chisholm Chisholm & Kilpatrick LTD may be able to help you with the process. Call 800-544-9144 for a free case evaluation with a member of our team.

How to file a claim against an insurance agent?

Department of Veterans Affairs Claims Intake Center PO Box 4444 Janesville, WI 53547-4444. 2. Filing Your VA Claim In Person. Bring your application to your local VA office. (Find a VA benefit office near you using this link.) 3. Get a Legal Professional to File Your VA Claim. VA-accredited attorneys in your area can help you complete your Agent Orange claim. It’s free and easy to get …

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What is the average compensation for Agent Orange?

Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged about $3,800 each. The other part of the Settlement Fund, the Class Assistance Program, was intended by the distribution plan to function as a foundation.

Can you sue the VA for Agent Orange?

You cannot file a VA disability claim for Agent Orange exposure itself, because the fact that you were exposed to this dangerous herbicide does not make you eligible for compensation. Instead, you must suffer from a medical condition associated with Agent Orange exposure.

Is there a class action suit for Agent Orange?

Case Background: A group of Vietnam veterans brought a class action lawsuit in 1979 against the manufacturers of Agent Orange. The class action was settled in 1984, supposedly for all 2.4 million veterans who served in Vietnam.

How do I get compensation from Agent Orange?

Veterans who were exposed to Agent Orange in Vietnam while on active duty are eligible for disability compensation through the Department of Veterans Affairs (VA) as long as they were discharged under conditions other than dishonorable.

How much does the VA pay for Agent Orange exposure?

A single person can receive up to $37,272 per year in tax-free benefits from the VA due to their exposure to Agent Orange and resulting medical condition. A married person, or person with dependents such as a child or dependent parent can receive $39,348 or more.

What are the 14 diseases associated with Agent Orange?

Here are the 14 health conditions associated with Agent Orange exposure as of 2020:Chronic B-Cell Leukemia.Hodgkin's disease.Multiple Myeloma.Non-Hodgkin's lymphoma.Prostate cancer.Respiratory Cancers.Soft tissue sarcomas.Ischemic heart disease.More items...•Jan 2, 2022

How far back does VA disability back pay go?

It takes another 9 months before the VA's Rating Decision is reached. Ben will receive VA Disability Back Pay for the entire 18 months between his date of separation and the VA's rating decision.

Does the VA pay back pay for Agent Orange?

VA has been awarding benefits to Vietnam veterans for any conditions related to Agent Orange for decades. When Congress passed new legislation that expanded coverage to the veterans who served on offshore ships, VA did not award retroactive benefits beyond the passage of that law.

How is VA back pay calculated?

As discussed, a veteran's effective date is the date of their claim for benefits, or the date entitlement arose. The other factor that determines the amount of back pay you will receive is the disability rating granted by VA. Generally, the higher the rating, the more back pay VA owes you.

How long does it take to process an Agent Orange claim?

VA disability claims typically are fully processed within three to four months. Once you get your results back, you will have a rating that indicates how much you will receive per month in benefits.Dec 1, 2021

Is Agent Orange a 100 disability?

With a proper diagnosis of respiratory cancer in a veteran with Agent Orange exposure, the VA will provide a 100% disability rating as long as the cancer is active and during treatment. This means that the veteran will receive the highest compensation that fits their eligibility bracket.Jan 26, 2022

How long does it take for Agent Orange to break down?

Agent Orange has a short half-life of days and weeks after application to vegetation, and has not been found to persist, after 50 years, in the water or soils of southern Vietnam.

Why are Navy veterans exposed to Agent Orange?

Navy veterans and exposure to Agent Orange. Many U.S. Navy veterans may have been exposed to Agent Orange because their ships were close to Vietnam. Other U.S. Navy veterans may have been exposed to Agent Orange because their ships were transporting the dangerous chemical. If you have further questions about U.S. Navy veterans and Agent Orange exposure, call our law firm to find out if the laws have been made more favorable to Navy vets.

What is Agent Orange?

About Agent Orange Defoliant. Agent Orange is a defoliant that the U.S. military often used to clear jungles of vegetation. The U.S. military used Agent Orange in many places across the globe. The numbers of veterans exposed to Agent Orange is staggering.

How many gallons of Agent Orange were sprayed during the Vietnam War?

Millions of gallons of Agent Orange were sprayed during the Vietnam War. Countless numbers of American troops were exposed to Agent Orange in the jungles, on airplanes, navy boats, and on military bases. We once had a client who brought us photos of he and his brothers using Agent Orange barrels to catch rain water.

Is Agent Orange dangerous?

The World Health Organization classifies Agent Orange as a very dangerous chemical. Many veterans don’t realize that all their secondary service-connected disabilities are also eligible for Agent Orange benefits. Say for example, that a Vietnam veteran exposed to Agent Orange develops diabetes and then neuropathy.

What is respiratory cancer?

Respiratory Cancers (includes lung cancer): Cancers of the lung, larynx, trachea, and bronchus. Soft Tissue Sarcomas (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma): A group of different types of cancers in body tissues such as muscle, fat, blood and lymph vessels, and connective tissues.

Can you get disability from Agent Orange?

If you were exposed to Agent Orange and now have health issues, you may be eligible for Agent Orange VA disability benefits. Woods & Woods Agent Orange VA disability lawyers have helped thousands of veterans and their families. If you need assistance, please fill out the online contact form or call toll-free (866) 232-5777.

Can you get VA benefits based on Agent Orange?

Not all medical conditions lead to a presumptive service connection based on Agent Orange exposure. The VA grants benefits based on Agent Orange exposure only when you have a condition it recognizes as being caused by the herbicide.

Can you file a disability claim for Agent Orange?

You cannot file a VA disability claim for Agent Orange exposure itself, because the fact that you were exposed to this dangerous herbicide does not make you eligible for compensation. Instead, you must suffer from a medical condition associated with Agent Orange exposure.

What is Agent Orange used for?

But Vietnam veterans may suffer lasting harmful effects thanks to a tactical herbicide known as Agent Orange. Planes sprayed this deadly chemical blend all over Vietnam to remove any foliage providing cover for the enemy. But the herbicide, which destroyed tropical foliage, is now known to cause side effects in humans caught in its wake.

What happened to Agent Orange?

Regardless of which military branch you served in during the Vietnam conflict, the VA presumes you suffered Agent Orange exposure. The chemical reached many service members deployed throughout the region. So even if you didn’t serve in Vietnam, you may still develop exposure-related illnesses. If you served in any places or ways shown below, then the VA believes you experienced some Agent Orange exposure: 1 On C-123 airplanes (between January 9, 1962 and May 7, 1975) 2 On Thailand’s military bases (between January 9, 1962 and May 7, 1975) 3 In Vietnam or Korea (between January 9, 1962 and May 7, 1975) 4 Outside of Vietnam or Korea (between January 9, 1962 and May 7, 1975) 5 In testing and storage areas outside Vietnam (between 1944 and a yet-to-be-determined date) 6 On U.S. Navy and Coast Guard ships in Vietnam (between January 9, 1962 and May 7, 1975) 7 In waters in or near Vietnam (between January 9, 1962 and May 7, 1975)

What are the benefits of being a biological child in Vietnam?

Benefits include VA compensation, health care, and vocational training. Other birth defects may affect women who served in Vietnam. They’re often associated with military service, but not Agent Orange exposure.

What happens if you don't get VA benefits?

That way, you’ll get benefits faster than you would applying on your own! If the VA doesn’t pay you a cash settlement, then you owe $0 in legal fees. And if you do win, then you’ll only pay a small, one-time fee.

Can Vietnam vets file for disability?

Thanks to Agent Orange’s liberal use in the field from 1962-1971, all Vietnam vets can file VA disability claims. Serious diseases can result from this dangerous herbicide, so claims are virtually guaranteed approval. (And historically, Agent Orange-affected veterans are more likely to get paid faster, too!)

What is Agent Orange?

Agent Orange by definition is a defoliant chemical used by the US in the Vietnam War. To break that down AO: it is a herbicide that produces dioxin.

What is VA claims insider?

VA Claims insider is an education-based coaching/consulting company. We’re here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. We also connect veteran s with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible Independent Medical Opinions & Nexus Statements (Medical Nexus Letters) for a wide range of disability conditions.

What is a tarda?

Porphyria Cutanea Tarda. A disorder characterized by liver dysfunction and by thinning and blistering of the skin in sun-exposed areas. Under VA’s rating regulations, it must be at least 10 percent disabling within one year of exposure to herbicides. Prostate Cancer.

What is respiratory cancer?

Respiratory Cancers (includes lung cancer) Cancers of the lung, larynx, trachea, and bronchus. Soft Tissue Sarcomas (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma) A group of different types of cancers in body tissues such as muscle, fat, blood and lymph vessels, and connective tissues.

What is peripheral neuropathy?

Peripheral Neuropathy, Early-Onset. A nervous system condition that causes numbness, tingling, and motor weakness. Under VA’s rating regulations, it must be at least 10 percent disabling within one year of herbicide exposure. Porphyria Cutanea Tarda.

Nehmer Class Action Lawsuit

Before we discuss the Nehmer effective date rules, it is helpful to understand the basics of the Nehmer class action itself. The lawsuit was filed in 1986 (and certified as a class action in 1987) to challenge a VA regulation from 1985 which gave presumptive status to chloracne claims only.

How Effective Dates Normally Work

Because the effective date rules under Nehmer are so different, here is a quick refresher as to how effective dates are normally treated.

Special Nehmer Effective Date Rules

Under the special Nehmer effective date rules, it does not matter when the VA adds a disease to the presumptive list.

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Veterans Exposed to Agent Orange

Eligibility - Service in Vietnam Or Korea

Eligibility - Service Outside of Vietnam Or Korea

Diseases Associated with Agent Orange

Evidence Needed

Compensation Benefit

How to Apply

More Information

  • Check VA's Guide to Agent Orange Claims to learn more about how to establish eligibility to disability compensation and how much VA pays. You can also call the Agent Orange Help Line at 1-800-749-8387 or send an e-mail to GW/[email protected]. You must provide your name, e-mail address, telephone and/or fax number, and VA file number/Social Sec...
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