Agent Orange Exposure: What is Agent Orange & Its Impact?

There are many horrible aspects to war, and one such example is the use of toxic chemicals. Agent Orange is one prime example of those harmful chemicals that have proven to be disastrous for those involved in the conflict, including our military personnel. 

So what is Agent Orange? And what are the harmful impacts caused by Agent Orange exposure? Find out all about it by reading our article below. 

What Is Agent Orange? 

A Brief History of Agent Orange 

Agent Orange is a powerful herbicide that was deployed by the U.S military during the Vietnam War. Under Operation Ranch Hand, which occurred between 1962 and 1971, Agent Orange was used to destroy crops and jungle foliage, which was used by enemies as cover. 

Why Is Agent Orange Still Important Today? 

Although the use of Agent Orange happened decades ago, its harmful impact still lingers today among our veterans. Those who were exposed to the agent are seeing long-term health effects that have become a serious burden to their everyday lives. This is why healthcare benefits tailored to those affected are an important part of our ongoing support for veterans in receiving the care they deserve.

What Is Agent Orange Exposure? 

Why Exposure Matters 

Because the United States government recognizes the dangers of Agent Orange, those who are exposed to the chemicals may be covered by the presumptive service-connected rule and receive benefits. Under this rule, if a veteran was exposed to Agent Orange, served in a recognized location during specific timeframes, and has a qualifying condition, they may qualify for benefits without having to prove that Agent Orange caused the condition. 

What Health Conditions Are Linked to Agent Orange Exposure? 

Cancers Associated With Agent Orange 

Agent Orange contains a known human carcinogen called TCDD, which has been associated with several cancers, including prostate and respiratory cancers, multiple myeloma, and Hodgkin’s disease.

what is agent orange; agent orange exposure

Chronic Medical Conditions

Agent Orange exposure may also cause chronic medical conditions, such as parkinson’s disease, type 2 diabetes, severe skin disorders like Chloracne, and ischemic heart disease. 

Other Long-Term Health Effects 

Other long-term health concerns include high blood pressure, hypothyroidism, peripheral neuropathy, and some blood and immune system disorders. Many of these conditions are presumptive conditions for Veterans who meet the applicable service and exposure requirements. 

What Are Agent Orange Presumptive Conditions? 

Agent Orange presumptive conditions are certain illnesses that the VA recognizes as linked to herbicide exposure during military service. If a veteran has a diagnosis of any disease on the list, the VA will presume the illness is service-connected.

The conditions list includes cancerous conditions, cardiovascular & metabolic disorders, neurological conditions, and blood and systemic disorders. 

Can Family Members Be Affected by Agent Orange? 

Yes, family members can be affected by Agent Orange in some ways, including through health concerns and financially/emotionally. 

Family members may be eligible in certain situations. For example, biological children of veterans with qualifying service who have certain birth defects, like Spina Bifida. 

Surviving spouses, dependent children, and dependent parents may also be eligible for benefits if the veteran’s death was caused by a condition related to his or her military service and exposure to Agent Orange. In these circumstances, family members may be entitled to benefits such as monthly compensation, health care coverage, and vocational training

Why Families Should Learn About Available Resources 

Learning about Agent Orange resources isn’t just about paperwork—it is a financial and medical lifeline for the family. Understanding eligibility means protecting household income, getting the specialized medical care required, and understanding the new PACT Act rules without getting buried in VA bureaucracy.

How Do Veterans Apply for Agent Orange VA Benefits?

what is agent orange; agent orange exposure

Gather Medical Records 

Organizing medical records is the first step in applying for Agent Orange VA benefits. This includes diagnostic documents that explicitly mention the diagnosis (e.g., type 2 diabetes or Ischemic heart disease), as well as treatment history (e.g., laboratory reports and treatment plans). 

Verify Military Service

Because Agent Orange VA benefits rely on service location within a recognized timeframe, military service verification is essential. Documents include the DD-214 (primary military discharge document) and other supporting records, such as assignment orders, performance evaluations, or deck logs (for the Navy). If any documents are missing, request records by submitting Standard Form 180 (SF-180) to the National Personnel Records Center (NPRC).  

Submit a VA Disability Claim 

Once all the necessary documents are all gathered, submit Intent to File (VA Form 21-0966). It locks in the official start date, so back pay starts accruing right away and provides a full year to complete the rest of the application. 

Next file for a claim via different official channels: electronically via the VA website, or by mail or in person to a local VA office. 

Responding to VA Requests 

If the VA requests any additional information or documents, or issues other requests, respond promptly and accurately. For example, the VA will likely schedule a C&P (Compensation and Pension) Exam, where attendance is mandatory, or request additional evidence, for which applicants typically have 30 days to respond. 

Common Challenges Veterans Face With Agent Orange Claims 

Claim Denials

Many veterans face claim denials from the VA, even if they are currently suffering from illnesses that have been well-diagnosed. These denials often stem from administrative mistakes, missing essential documents, or failure to properly apply the presumptive status rules. 

Proving Service Eligibility 

Another major obstacle that many veterans face with Agent Orange is proving that they were in a qualifying location during the specific timeframe. Without official acknowledgment from the Department of Defense, establishing exposure becomes especially complex. 

Navigating VA Regulations

VA regulations are complex and frequently changing. Therefore, navigating them alone can be exceptionally challenging. Many get lost in the process, and as a result, misunderstandings of the strict rules, specific terminology, and fine-detail distinctions, such as presumption conditions and direct service connections, can derail a successful submission.

what is agent orange; agent orange exposure, veteran benefits attorney

How a Veterans Benefits Attorney Can Help 

Reviewing Eligibility 

Whether one is eligible or not depends on the specific conditions and circumstances, and grasping it all requires deep understanding and attention to detail. A veterans’ benefits attorney can help with the exhaustive process of reviewing medical records, military service documents, and other personal files to establish a valid service connection. After reviewing documents, a Veterans’ benefits attorney will be able to clearly determine whether one’s conditions qualify or not. 

Building a Strong Claim

Building a strong claim entails having all essential documents ready and organized to create compelling evidence that directly satisfies the VA’s current criteria. A veterans’ benefits attorney can assist with all these processes, ensuring that documents are complete and gathered precisely to clearly link current illnesses to military service exposure.  

Appealing Denied Claims 

Claim denials can be devastating for veterans and their families, especially if one is suffering from illnesses. A VA attorney understands this challenge and can help with appealing a denied claim. An attorney can give clear guidance throughout formal tracks, draft persuasive legal briefs, and directly advocate on your behalf during formal hearings to overturn negative decisions.  

Staying Current With VA Law Changes 

As VA laws often evolve, staying up to date with these changes is crucial. VA attorneys are constantly tracking these modifications and evolving laws to ensure that our service continues to be relevant and provides the best possible outcome for our clients.   

At Abes Baumann, we appreciate the dedication our ex-service members have to our nation, and therefore our mission is to give back to veterans by serving them. We are committed to helping our beloved vets achieve the best care and benefits that they truly deserve. 

Contact Abes Baumann today for a free consultation.

Abes Baumann PACT Act Updates: Proposed Changes for Constrictive Bronchiolitis

What is the PACT Act?

The PACT Act is the largest expansion of veteran benefits and care in VA history, expanding the rights of millions of toxic-exposed veterans and their survivors to receive VA disability benefits. 

The Latest

Veterans with constrictive bronchiolitis (CB) may soon be able to get benefits more easily. (CB is one of the conditions that, per the PACT Act, is presumed to be linked to military service.) The VA recently proposed changes that would remove barriers to veterans with CB that are applying for benefits.

Why the VA is Proposing These Changes

Some veterans have had trouble getting their benefits approved by the VA because CB lacks its own diagnostic code in the VA disability claims systems (no code = “Zero” disability rating, which means a veteran is not awarded disability compensation), and CB is hard to diagnose without invasive tests.

What this Means for You 

The VA is looking to add a diagnostic code for CB and to also allow additional medical tests to help veterans get an accurate disability rating.

While these changes are not yet finalized, the VA’s proposal is a significant step forward. 

More on CB

This chronic respiratory condition affects the bronchioles, the smallest airways in your lungs. With CB, these airways become inflamed, damaged and then scarred due to inhalation of toxic substances, such as burn pits, or from infections.

Getting Help

If you’re a veteran or a caregiver for one, we know it can be overwhelming to track and manage all of the aspects related to healthcare. From forms to processes to deadlines, the administrative portion alone is confusing and time-consuming.

  • For PACT Act questions and other assistance, contact Abes Baumann at 1-800-344-3090 or visit https://abesbaumann.com/ and click “Talk with an attorney now.” 
  • Read here for more information on VA disability compensation related to exposure to burn pits and other environmental hazards during military service.

New Year, New Priority: Your Veterans Benefit Claims

ATTORNEY JIM BURN REMINDS YOU TO PRIORITIZE YOUR VETERANS BENEFIT CLAIMS THIS YEAR

Life is busy, and we often put things on the back burner. However, it’s never too late to refocus and prioritize yourself.

If you or a family member have thought about filing claims for service-connected disabilities – benefits our nation’s veterans are entitled to – now is a great time to reset and start the process. 

Hello, My name is Jim Burn.

I’m a veteran attorney here at Abes Baumann, and I represent veterans Service Connected disabilities, making sure they get the benefits that they are entitled to for their honorable service to our country.

Today we’re standing in Millville Borough, where I live. I’ve lived here since 1972.

I had the honor to serve my borough. I served as mayor of Millville here for 12 years.

To this day, it’s been 30 years now. I am invited by the VFW Post 118, an American Legion, which is right across the street, invited to this doughboy on Memorial Day to say a few words about the sacrifices veterans have made so that we can all live in a blanket of freedom.

Those who served honorably, those who gave the ultimate sacrifice names on this placard and names on placards, and folks who rest eternally now in this nation and across the world.

Being a veteran attorney is not a job. Being a veteran attorney is a calling, a calling brings me here today at the beginning of 2024 to speak with all of
you about your New Year’s resolutions.

By the time we get to this late in January, many folks have forgotten their resolutions that they even made it.

And I’m sure many of you who have served and have talked about your claims or thought about filing claims, perhaps made a resolution to reach out, pick up the phone and speak to somebody who does veterans law about your claim, about about what their next best steps may be.

We are that firm. I am that person. Don’t break that resolution.

Pick up the phone and call us about your veteran claim. There’s no obligation. You have nothing to lose.

I guarantee we will give you some insight that you may not have had before you picked up that phone.

As we get into 2024, you’re probably seeing some articles or some flash news items or advertisements about perhaps some deadlines coming up with respect to PACT ACT and claims, please call us and we can talk about that with you as well.

Make a resolution. Now. Give us a call. We’ll talk through it.

Thank you for your honorable service to our country.

Military veterans can now receive free emergency mental health care

Original article from the Associated Press published on CNN

CNN — As of Tuesday, US military veterans in an “acute suicidal crisis” can receive free treatment including inpatient care up to 30 days and outpatient care for up to 90 days.

The expanded care was announced by the Department of Veterans Affairs on Friday, and is meant to “prevent veteran suicide by guaranteeing no cost, world-class care to veterans in times of crisis.” Veterans who are seeking that care can go to any VA or non-VA health care facility, the release said, and they do not have to be enrolled in the VA system to receive care.

“Veterans in suicidal crisis can now receive the free, world-class emergency health care they deserve – no matter where they need it, when they need it, or whether they’re enrolled in VA care,” VA Secretary for Veterans Affairs Denis McDonough said in the release. “This expansion of care will save Veterans’ lives, and there’s nothing more important than that.”

The new policy says veterans who were discharged after more than two years of service under conditions other than dishonorable are eligible for the care, which will either be paid for or reimbursed by the VA.

The policy will also apply to former service members, including those in the Reserves, who served “more than 100 days under a combat exclusion or in support of a contingency operation” who were discharged under conditions other than dishonorable, and veterans who were the victim of sexual assault, sexual battery, or sexual harassment while serving.

According to the VA’s release, the policy will “[p]rovide, pay for, or reimburse for treatment” of eligible veterans’ emergency suicide care, transportation costs, and follow-up care at a VA or non-VA facility, to include 30 days of inpatient care and 90 days of outpatient.

The policy will also allow the VA to make “appropriate referrals” after a period of emergency suicide care, determine veterans’ eligibility for other service and benefits from the VA, and refer veterans who received the emergency care to other VA programs and benefits.

The VA’s 2022 report on veteran suicide said that in 2020, 6,146 US veterans died by suicide, which was 343 fewer than seen in 2019. Suicide was the 13th leading cause of death among veterans in 2020, the report said, and the second leading cause of death among veterans under 45 years old.

A Defense Department report released in October 2022 found that 519 US service members, including active duty, Reserve, and National Guard troops, died by suicide in 2021.

Expanding care for veterans at high risk of suicide was the second priority goal of a military and veteran suicide prevention strategy released by the White House in 2021. “Individuals at imminent or high risk of suicide should be guaranteed equitable access to high quality crisis care and follow-on support,” the strategy report said.

President Joe Biden said in the 2021 report that the US is “falling short” of the “one truly sacred obligation to Americans … to care for them and their families when they return.”

“It is up to us to do everything in our power to live up to our most sacred obligations,” he said. “We owe it to the memories of those we’ve lost—and we owe it to the futures of those we might save.”

Editor’s Note: If you or a loved one have contemplated suicide, call The National Suicide and Crisis Lifeline at 988 or 1-800-273-TALK (8255) to connect with a trained counselor.

Blue Water Vets Courtroom Victory!

On January 29, 2019, the United States Court of Appeals for the Federal Circuit decided the case of Procopio v. Wilkie. This case involved the claim of Alfred Procopio a veteran of the U.S. Navy who served in waters off Vietnam and sought service-connected compensation for prostate cancer and diabetes, two conditions that the VA has found are caused by exposure to Agent Orange. Mr. Procopio’s claim was denied by the VA as he did not set foot on land in Vietnam. He was considered a Blue Water vet and, by VA definition, ineligible for benefits for diseases caused by Agent Orange.

The Court held that the law Congress passed in 1991, allowing compensation for vets exposed to Agent Orange, included vets who served in the territorial waters of the Republic of Vietnam (South Vietnam). The Court found that the term Congress used in the law, “Republic of Vietnam,” included the country’s territorial waters (a zone extending for 12 miles off its shore lines.)

This is a great victory for these veterans. For years they have been denied benefits that were available to vets who set foot on land in Vietnam, even though they were exposed to Agent Orange in the water and air during their time on board ships off the coast of South Vietnam.

The VA has not yet decided if it will ask the Supreme Court to review this decision. Please continue to check our website for updates.

If you have any questions about how this decision may affect you, please call the veteran’s practice attorneys at Abes Baumann, P.C. for a free consultation.

Did you drink the water at Lejeune?

In 2012 Congress passed a law recognizing that the water at Camp Lejeune was contaminated from August 1, 1953 to December 31, 1987. This law allowed the VA to pay for medical treatment for certain health problems caused by the water. The law did not allow the VA to pay any service-connected compensation for these problems. The VA is now deciding whether it will recognize certain medical conditions as presumptively related to the contaminated water at the camp. This means that the VA will pay compensation for certain diseases if the veteran was at Camp Lejeune between 1953-1987. The veteran does not have to show an actual connection between the disease and the water. The diseases the VA is thinking of paying compensation for are: kidney cancer; angiosarcoma (a type of cancer) of the liver; and acute myelogenous leukemia.

It will take the VA time to decide if it will pay compensation for these diseases. However, a veteran with one of these diseases should not delay filing a claim. The date compensation begins will be decided by when the claim was filed. Even if the claim is filed and denied, the veteran can appeal. If the VA decides to pay compensation, the veteran will already have a claim in the system ensuring the earliest effective date can be assigned.

If the veteran has medical evidence that the disease was caused by the chemicals in the water, a claim can also be filed for any other disease that was caused by the water at the camp.

If this sounds confusing, it’s because it is. A Camp Lejeune attorney can help you sift through the regulations. If you think a medical problem may be connected to your time in service, contact Abes Baumann and speak to an attorney today.

TALK WITH AN ATTORNEY TODAY!

We only get paid when you win, so you don’t have to worry about hourly rates or fees. That means you’ll never see a bill unless you win. Fill out the form below and you’ll hear back from us immediately.