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Veterans who have been exposed to Agent Orange may have serious medical problems and deserve fair compensation. Unfortunately, the VA sometimes denies their claims or underpays them.
The Agent Orange Act of 1991 established presumptive service connection for certain diseases linked to Agent Orange exposure. This means that a Veteran doesn’t have to prove that their military service caused their illness.
Proving a Link between Agent Orange Exposure and a Veteran’s Illnesses
If a veteran suffers from one of the dozens of presumptive conditions linked to Agent Orange, the VA presumes it is related to exposure to the harmful herbicide. The list of hypothetical situations has grown since the 1960s as more studies connect veterans’ injuries to the spraying of fields and forests. These include AL amyloidosis (an infection caused by an abnormal protein entering tissues and organs), bladder cancer, ischemic heart disease (reduced blood flow to the heart leading to chest pain or a heart attack), diabetes mellitus type 2 and chronic lymphocytic leukemias, and chloracne (a skin disorder similar to common acne).
But many times, veterans suffering from these conditions find the VA denies a connection between their illness and the herbicide or awards them a disability rating that does not reflect the severity of their symptoms. This is why having a skilled attorney can make all the difference. The lawyers can help gather the evidence you need to prove a link between your injury and Agent Orange.
Obtaining Medical Records and Expert Opinions
Many veterans who served in Vietnam and their biological children are eligible for health care and benefits for incapacity due to exposure to Agent Orange, a toxic herbicide used by the military to defoliate forests and clear away enemy hiding places. This “presumptive” policy makes it easier for them to receive compensation. However, a veteran must still prove that their service caused their disease and that their condition started or became worse during military service.
To do this, the VA requires medical evidence, including the veterans’ service medical records and post-service medical records. Expert opinions from medical professionals also help. Reliable Agent Orange lawyers can help a veteran gather and submit the necessary medical evidence and obtain a medical opinion from an expert in Agent Orange cases.
Some of the most common diseases associated with Agent Orange include diabetes, neuropathy, and soft tissue sarcomas, such as cholesteatoma, osteosarcoma, and Kaposi’s sarcoma. New conditions and cancers are continually being added to the list, so veterans who develop unlisted illnesses should be prepared to provide published medical research that indicates a possible connection.
Collecting Evidence
If you suffer from a condition linked to Agent Orange exposure during your active service, the VA may consider awarding you disability benefits. However, proving your claim requires substantial evidence, such as medical opinion letters, expert opinions, buddy statements, or witness testimony.
These documents are vital to the development of your case. A well-versed agent or lawyer can collect and submit these documents to the VA.
In addition, they can also obtain military service records for a veteran’s family members. This can be especially beneficial for a spouse or child who has a chemically related physical or mental impairment.
A knowledgeable lawyer for Agent Orange may also bring legal action against the herbicide producers. A successful suit may result in compensation for a disability that affects not only the veteran but their children. These lawsuits provide an alternative to the national settlement the companies agreed to in the early 1980s.
Negotiating with the VA
A veteran who was exposed to Agent Orange during military service could be eligible for disability compensation. Depending on a single person’s circumstances, they may be entitled to up to $39,984 annually. Those who are married or have children may be eligible for even more. These benefits are meant to support veterans and their families with the medical conditions associated with exposure to the chemical defoliant.
In some cases, veterans do not need to prove that Agent Orange caused their health issues. This is known as a presumptive condition, and it applies to certain cancers, hypothyroidism, Parkinsonism, and more.
Veterans who served in Vietnam, on offshore ships as Blue Water Navy veterans, or at locations in the United States where Agent Orange was sprayed, stored, tested, or transported should speak with an experienced attorney. They can help veterans understand their rights and file a claim for the benefits that they deserve.
