Agent Orange: Do You Have A Potential Claim?

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Agent Orange: Do You Have a Potential Claim?

Published on August 4th, 2020

To make the compensation process easier, the VA has created a list of presumptive conditions for Agent Orange exposure. If you have one of these conditions, and your military service likely put you into contact with Agent Orange, then you will qualify for disability benefits. But what if you have an illness that is not listed among those presumptive conditions? You can still obtain benefits, but you will need to first prove that your condition was caused by your military service–whether by agent orange exposure, an in-service incident, or another dangerous condition.

The veterans benefits lawyers at Jackson & MacNichol can help you obtain the compensation you need from the VA. If your initial disability application has been denied, or if you received an unfairly low disability rating, we can effectively represent you at every stage of the appeals process. For more information about appealing a denial of Agent Orange disability compensation or other claims, call us today at 1(888) 492-2941 and tell us about your case.

You Can Still Get Compensation Without a Presumptive Condition

The VA presumption system has two elements. You need to show that you served in a certain time and place, and that you have a qualifying condition. If you cannot meet one or both of these elements, the presumption will not apply to you. This means that you can still get benefits, but you’ll just need to prove your condition is related to your military service. To prove this service connection, you need to provide medical evidence that your illness was caused or made worse by the conditions of your military service.

The list of presumptive locations for Agent Orange include the following:

  • Vietnam or its territorial waters between January 9, 1962 and May 7, 1975
  • The Korean demilitarized zone (DMZ) between September 1, 1967 and August 31, 1971
  • Regular contact with C-123 aircraft between 1969 and 1986
  • Royal Thai Air Force Bases in Thailand between February 28, 1961 and May 7, 1975

The list of Agent Orange presumptive conditions includes the following:

  • AL Amyloidosis
  • Chronic B-cell leukemias
  • Chloracne
  • Diabetes Mellitus Type 2
  • Hodgkin’s Disease
  • Ischemic Heart Disease
  • Multiple Myeloma
  • Non-Hodgkin’s Lymphoma
  • Parkinson’s Disease
  • Peripheral Neuropathy, Early-Onset
  • Porphyria Cutanea Tarda
  • Prostate Cancer
  • Respiratory Cancers
  • Soft Tissue Sarcomas

Don’t Forget Secondary Service Connection

Another issue that sometimes arises in Agent Orange cases is that of secondary service connection. Imagine if you have one of the presumptive conditions, such as prostate cancer, and another condition such as depression. Can you get disability compensation for your depression? If you can show that your cancer likely caused or contributed to your depression, then the VA may treat it as having a secondary service connection to your Agent Orange exposure. This would mean that you could get compensation for both your cancer and your depression.

Talk to a Veterans Benefits Lawyer Today

If you are a veteran and you are suffering from a chronic condition related to your military service, you stand a good chance of obtaining disability compensation even if you don’t qualify for any presumptions. The process may be more difficult, but you can rely on the advocacy and experience of Jackson & MacNichol to get you through it. Call us today at 1(888) 492-2941 for a free consultation about how to appeal the denial of your veterans disability compensation. We get justice for veterans.

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