How Do I Get Disability For Agent Orange Exposure
The most important part of our job as your VA disability attorneys is establishing that exposure to Agent Orange caused your medical condition. To build a compelling case, our team at Chisholm Chisholm & Kilpatrick LTD will prove the following:
You were exposed to Agent Orange during your service in the U.S. military.
We can do this in a few ways. If your military records show you served in a qualifying location during the Vietnam era, VA will grant service connection on a presumptive basis. This means that VA assumes that you were exposed to Agent Orange while serving in these areas during the Vietnam War.
However, even if VA does not presume a connection to service, we can help you recover benefits if you served somewhere else. The right combination of evidence, medical and service records, lay testimony, and legal argument could win your case.
You later received a medical diagnosis of cancer or another qualifying illness.
You must have a diagnosed medical condition to be eligible for VA disability benefits. If doctors diagnosed you with any of the medical conditions on the list above, we will gather the documentation from your doctor or medical professional that we need to submit to VA.
Your illness resulted from your exposure to Agent Orange.
We can interview medical doctors and experts, examine scientific studies, and perform other steps to build the strongest case that Agent Orange caused your condition.
Agent Orange Exposure Linked To Deadliest Form Of Prostate Cancer In Vietnam War Vets
May 14, 2013 / 3:00 PM / CBS News
Exposure to Agent Orange may be behind many cases of an aggressive form of prostate cancer being seen in Vietnam War veterans, according to new research.
Millions of gallons of herbicide Agent Orange was sprayed by the U.S. military on trees and other vegetation during the Vietnam War era, and has been linked to various health effects since. The combination of herb-killers was named for the orange identifying stripe used on the 55-gallon drums that stored the chemicals.
The authors of the new study say the herbicide was often contaminated with dioxin, a dangerous toxin that may cause cancer.
Veterans who served anywhere in Vietnam between January 9, 1962 and May 7, 1975 may have been exposed to the chemical, according to the U.S. Department of Veterans Affairs.
The Department has linked exposure to the chemical to various health conditions including AL amyloidosis, chronic B-cell leukemias, Type 2 diabetes, Hodgkinâs disease, Non-Hodgkin ischemic heart disease, multiple myeloma, Parkinsonâs disease and prostate cancer, among other conditions.
The VA says veterans with prostate cancer who were exposed to Agent Orange or other herbicides during military service may be eligible for disability compensation and health care.
The study had limitations, according to Dr. Arnold Schecter of the University of Texas School of Public Healthâs Environmental and Occupational Health Sciences Program in Dallas.
How To Prove That Your Military Service Caused Prostate Cancer
The first step in winning your claim is to prove that your prostate cancer is linked to your time in service. The VA requires three elements to service-connect a veteran for prostate cancer:
The first element is pretty straightforward. However, the second and third elements can be more challenging to prove. To do so, youll need to provide evidence that your military service caused your prostate cancer.
The good news is that if youre a Vietnam, Gulf War, or Post 9/11 veteran, the VA has paved the way for your prostate cancer to be linked automatically to your service.
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How Does Va Rate Prostate Cancer
Upon establishing service connection, the VA rates prostate cancer depending on if it is active. If the cancer is active, the VA should automatically assign a 100% disability rating. If the cancer goes into remission, the VA will evaluate each residual of the cancer and rate them based on the severity.
These are some common residuals of prostate cancer and their ratings.
These are just a few common residuals and some veterans may experience additional residuals. Presence and severity vary from person to person.
Veterans Disability Benefits For Cancer
When a Veteran Receives a Cancer Diagnosis
A cancer diagnosis can change everything in a second. If you have been diagnosed, getting the right amount of support is critical to your success.
At Voice 4 Vets, our highly qualified VA-accredited claims agents represent military veterans throughout the United States suffering from different types of cancer. Our claims agents focus on getting you the veterans disability compensation benefits you deserve, so that you and your family can make ends meet during a difficult time.
Examples of Common Cancer Diagnoses Among Veterans
Our claims agents handle veterans benefits claims related to cancer, including the types of cancer listed below:
Veterans Exposed to Agent Orange and Other Herbicides
If you are a veteran who served during the Vietnam era, there is a good chance that you were exposed to Agent Orange and other herbicides used in support of military operations. In fact, the VA will presume that you were exposed to Agent Orange if you ever set foot in Vietnam or served on a ship or vessel in one of Vietnams inland waterways.
Because Agent Orange was used so heavily during this time and because it has caused so many serious health problems for veterans, the government presumes that certain cancers are service connected for Vietnam veterans exposed to Agent Orange. These include prostate cancer, respiratory cancers, soft tissue sarcoma, multiple myeloma, chronic B-cell leukemias, Hodgkins disease and non-Hodgkins lymphoma.
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Are You A Veteran Of The Vietnam Era What You Need To Know
The U.S. military used Agent Orange to clear plants and trees during the Vietnam War. If you served in Vietnam or in or near the Korean Demilitarized Zone during the Vietnam Eraor in certain related jobsyou may have had contact with this herbicide. Find out if you can get disability compensation and other benefits for illnesses possibly caused by Agent Orange.
Illnesses the VA presumes are connected to Agent Orange exposure.
Cancers:
- Chronic B-cell leukemia: A type of cancer that affects your white blood cells
- Hodgkins disease: A type of cancer that causes your lymph nodes, liver, and spleen to get bigger and your red blood cells to decrease
- Multiple myeloma: A type of cancer that affects your plasma cells
- Non-Hodgkins lymphoma: A group of cancers that affect the lymph glands and other lymphatic tissue
- Prostate cancer: Cancer of the prostate
- Respiratory cancers : Cancers of the organs involved in breathing
- Soft tissue sarcomas : Different types of cancers in body tissues such as muscle, fat, blood and lymph vessels, and connective tissues
Other illnesses:
What our Vietnam Era Veterans need to do:
Pact Act Gives Gulf War And Post 9/11 Veterans Presumptive Service Connection For Prostate Cancer
The PACT Act is a huge win for thousands of veterans. Now, veterans who served in the Gulf War and Post 9/11 are eligible for burn pit presumptive service connection for their prostate cancer.
Under the PACT Act of 2022, prostate cancer is considered presumptive under one of the 11 new categories of conditions added to the Airborne Hazards and Burn Pit Exposures.
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What Are The Current Presumptives
Below are the categories of veterans who have presumptives established.
Recent Separatees
If a veteran is diagnosed with chronic diseases, such as arthritis, diabetes, or hypertension, within one year of their release from active duty, the VA will presume that the conditon originated during military service.
Camp Lejeune: Past Water Contamination
- Pellagra and any other nutritional deficiency
- Peripheral Neuropathy, except where directly related to infectious causes
More information can be found at the VAs American Former Prisoners of War Website. In addition, the White River Junction VA Medical Center has a Former Prisoner of War Coordinator.
- White River Junction Former Prisoner of War Coordinator – 687-8387, extension 5362
Atomic Veterans
Veterans exposed to radiation from atomic weapons, fallout, and nuclear reactors also have presumptive conditions. There are 21 different types of cancers related to exposure to radiation. We recommend any veteran who was exposed to radiation and later develops cancer to apply for Disability Compensation. For more information, visit the visit the VAs Office of Public Health and Environmental Hazards Website.
Gulf War Illness
- Chronic Fatigue Syndrome
How The Va Rates Prostate Cancer
The VA has established a rating system for prostate cancer based on the severity of the symptoms. This rating system falls under genitourinary conditions . Prostate cancer is rated according to voiding dysfunction or urinary tract infection .
If surgery is required for prostate cancer, the VA will award a temporary 100 percent rating post-surgery. The VA will schedule a follow-up exam at a VA medical center about six months after the surgery in order to determine whether or not the 100 percent rating is still warranted.
If there is no metastasis, the VA will then rate the residuals according to voiding dysfunction or renal dysfunction . This usually comes to a 10 percent rating. Court cases have determined that the VA can reduce the 100 percent rating only after the cessation of surgical, X-ray, antineoplastic chemotherapy, or other therapeutic procedure. The term therapeutic according to DC 7528 is interpreted as the procedure to cure cancer.
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When To Contact Golowin Legal
If the veteran has passed away and you are a surviving spouse, child, or parent of a Vietnam veteran that previously filed a claim for VA compensation that was denied, be sure to contact Golowin Legal. You may be entitled to be paid many years of retroactive VA benefits.
If you or a loved one was exposed to Agent Orange during US military service, have cancer or one of the presumptive conditions listed above, and the VA denied their claim as far back as 1985, call Golowin Legal today at 453-5208 for a free consultation or book a time now using the red buttons at the right.
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I was not drinking water before I started having problems. The only time Id drink water was when Id be really thirsty. That was rarely because I had quite playing sports & other activities that involved exercise. Water is a major player in prostate health & health in general terms. Did you know that water is the most natural cleanser for the body?
You should drink 8-10 glasses a day of water. If youre not getting water or enough water then this should be a change you need to make immediately. I now drink over 10 glasses of purified/bottled water daily. A lot of prostate sufferers are scared to drink more because theyre afraid it will make them go to the bathroom too much. I was there & didnt want to make things worse.
I was wrong in my thinking because drinking more water actually made things much better after a while. At first upon water increase I did see a spike in symptoms but that was part of the cleansing process for a few weeks.
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How Many Veterans Have Been Exposed To Agent Orange
The VA estimates that 2.6 million veterans have been exposed to Agent Orange, but there are also other studies that indicate that the actual number of veterans exposed to Agent Orange is much higher than what the government is reporting.
We usually associate Agent Orange exposure to those who fought in the jungles of Vietnam. But new legislation and all sorts of work from veterans organizations have made it known that there are American troops outside of the Vietnam mainland who were exposed to it.
American troops and reservists who served in the Korean DMZ, Army and Air Force bases in Thailand, and a few Air Force bases in the United States were exposed to Agent Orange. There is also lay evidence showing that Agent Orange was sprayed extensively at bases in Guam.
What Are The Agent Orange Presumptive Diseases
Many health conditions are associated with Agent Orange, and the VA regularly adds new conditions to the list of presumptive diseases. These presumptive diseases are those that the VA assumes are related to the veterans qualifying military service. The veteran does not need to prove that Agent Orange caused the condition.
Because these conditions are updated periodically, it doesnt hurt to reach out for a free consultation even if your condition is not currently on the list.
As of 5/2020, the list of health conditions associated with Agent Orange exposure includes:
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How Does Agent Orange Effect The Body
The most destructive chemical agent in Agent Orange is dioxin. Dioxin affects a number of different organ system. Once dioxin enters into the body, it lasts a long time because of its chemical composition. Chemically, its a very stable toxin. It gets stored in the fatty tissue and then absorbed throughout the body. Thats why Agent Orange/dioxin exposure is so widespread in its devastation to the body, causing everything from cancers to respiratory and neurological diseases.
Bladder Cancer Hypothyroidism And Parkinsonism Added To Presumptive Benefits List
Most of the progress on Agent Orange benefits has come through Congressional acts, not internal VA processes. Thats why were optimistic about a bipartisan bill introduced in Congress last year that would change the way the VA deals with illnesses caused by toxic exposures altogether. The True Cost of War Recognition Act would make it easier for veterans exposed to toxins to get presumptive disability benefits where there is scientific evidence of an association.
In 2021, bladder cancer, hypothyroidism, and Parkinsonism were added to the list of diseases presumed to be connected to Agent Orange . Parkinsonism was added to acknowledge the disabling effects of Parkinsons-like symptoms that dont meet the full criteria for a diagnosis.
In addition to those three, the VA already recognizes 14 other conditions connected to Agent Orange exposure. They are:
- Soft Tissue Sarcomas
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Additional Benefits And Care For Veterans Who Were Exposed To Agent Orange
Veterans who were exposed to Agent Orange may also be eligible to receive an Agent Orange Registry Health Exam. This exam is free of charge. The purpose is to alert Veterans to possible long-term health problems that may be related to Agent Orange exposure during their military service.
Importantly, the exam is not a Compensation & Pension exam. The exam is also not required to receive VA benefits. The exam is based on the veterans recollection of service, not their military service records.
VA notes that these exams can help understand and respond to these health problems more effectively. Through the program, veterans may receive free lab tests and referrals to medical specialists for their conditions related to Agent Orange exposure.
Secondary Conditions Related To Agent Orange Exposure
It is important to note that if further disease or disability results from one of the presumptive conditions associated with Agent Orange exposure, you can file a claim for secondary service connection. In order for VA to grant secondary service connection, veterans must demonstrate the following:
- A diagnosis for the secondary disability and
- Medical evidence showing the relationship between the service-connected disability and the secondary disability.
Examples of common secondary conditions related to Agent Orange exposure, including peripheral neuropathy as secondary to diabetes mellitus type II and depression as secondary to cancer.
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Can I Get Agent Orange Compensation Back Pay
Yes, you can get back pay for Agent Orange, although the amount of back pay depends on many factors.
When awarding service connection for a disability under 38 CFR 3.309, different provisions allow for assignment of an effective date.
In such cases, consider each effective date rule and assign the most advantageous effective date that applies for the facts of the case.
VA Raters use the table below to determine which effective date rule may apply to an award of service connection for an Agent Orange presumptive disability.
Agent Orange: Likely A Prostate Cancer Risk Factor
May 27, 2020
Research shows that exposure to Agent Orange, an herbicide frequently used during the Vietnam War, likely caused an aggressive form of prostate cancer in many Vietnam veterans.
The U.S. military used significant amounts of Agent Orange, which was contaminated with dioxin, a dangerous toxin that is now believed to cause cancer, to spray on trees and other vegetation. Soldiers who served in Vietnam between 1962-1975 were likely exposed to this chemical, according to the U.S. Department of Veterans Affairs.
The Department has linked Agent Orange exposure a variety of cancers, including prostate cancer, leukemia, and Hodgkins Disease. Additionally, the chemical is linked to Type 2 diabetes, Parkinsons disease, and other chronic illnesses.
While 1 in 9 men are diagnosed with prostate cancer in lifetime, the incidence rate for military men is higher: 1 in 5. Vietnam veterans who were exposed to Agent Orange and later diagnosed with prostate cancer may be eligible for disability compensation and healthcare, per the U.S. Department of Veterans Affairs.
Numerous organizations have linked Agent Orange to higher rates of aggressive prostate cancer.
Researchers studied more than 2,700 U.S. veterans who were referred for a prostate biopsy. About a third of the patients had prostate cancer. Slightly more than half of those diagnosed patients were found to have an aggressive form of the disease.
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