Agent Orange VA Claim Denials
CCK Law: Our Vital Role in Veterans Law
If your VA claim related to Agent Orange exposure has been denied, do not give up. You may be entitled to VA benefits for your disabilities. Our firm has over 20 years of experience helping clients fight VA for the benefits they deserve. We are uniquely positioned and experienced to help veterans exposed to Agent Orange. Contact our office for a free consultation today at 844-567-1185.
The Agent Orange Presumption
VA has a presumption of exposure and a presumption of service connection for Vietnam Veterans. The first cedes that you were exposed to Agent Orange, and the latter presumes that your medical condition was caused by Agent Orange.
If your military service does not qualify you under one of VA’s presumptions, you may still qualify for benefits. Contact our office for a free consultation to see if we can help you at 844-567-1185.
The Presumption of Exposure
Following the Vietnam War, many Vietnam veterans experienced rare and severe health conditions they thought to be the result of their exposure to Agent Orange during their service. VA and Congress had difficulty determining who was exposed to herbicides during their service in Vietnam, as well as where, for how long, and how much they were exposed.
Since they could not determine who was exposed, Congress created a presumption of exposure to herbicide agents in the Republic of Vietnam (which later expanded to include other locations through the 2022 PACT Act). This presumption gave all qualifying veterans the benefit of the doubt that they were exposed to herbicides. This is what we call the presumption of exposure.
Under the PACT Act, veterans who served in the following locations may be eligible for presumption of exposure to Agent Orange:
- The Republic of Vietnam from January 9, 1962 to May 7, 1975 (including Brown Water and Blue Water Navy veterans);
- Thailand, at any US or Thai base from January 9, 1962 to June 30 1976, without regard to the Veteran’s MOS or where on base they were located;
- Laos from December 1, 1965 to September 30, 1969;
- Cambodia, specifically at Mimot or Krek, Kampong Cham Province from April 16, 1969 to April 30, 1969;
- Guam or American Samoa or in the territorial waters thereof from January 9, 1962 to July 30, 1980;
- Johnson Atoll or a ship that called at Johnston Atoll from January 1, 1972 to September 30, 1977;
- On or near the Korean demilitarized zone (DMZ) between September 1, 1967 and August 31, 1971; and
- Active duty and reservist personnel who had regular contact with C-123 aircraft between 1969 and 1986.
The Presumption of Service Connection
The next step is what we call the presumption of service connection. VA’s regulation lists several conditions that the Institute of Medicine has determined to be associated with herbicide exposure.
If VA determines that a veteran was exposed to herbicides (either through the presumption of exposure or on a facts-found basis), it will then presume that the veteran’s herbicide exposure caused them to develop one of the following conditions:
Veterans should note that this list is continuously updated depending on what new presumptions VA recognizes for herbicide exposure. For instance, the 2022 PACT Act added two conditions to this list: hypertension and monoclonal gammopathy of undetermined significance.
If a veteran is exposed to herbicides, whether on a presumptive or facts-found basis, VA will extend them the presumption of service connection for these above conditions.
If you have been diagnosed with a condition not listed on VA’s presumptive list but believe your condition was caused by Agent Orange exposure, you may still qualify for VA disability benefits.
Agent Orange in Thailand
In the past, veterans who served in Thailand during the Vietnam War were not included in VA’s presumption of exposure. However, eventually records began to show that Agent Orange and other herbicides were used on certain Royal Thai Air Force Bases in Thailand during the Vietnam War.
Service on the Perimeter
Formerly, VA only recognized herbicides as being used along the perimeter of Air Force bases in Thailand. For years, VA contended that only those who worked on or near the perimeter may have been exposed to herbicides.
As of the passage of the 2022 PACT Act, however, VA now offers presumption of exposure to veterans stationed at any US or Thai base in Thailand from January 9, 1962 to June 30 1976, without regard to the veteran’s MOS or where on base they were located.
Blue Water Navy Veterans
A similar presumption of herbicide exposure as those who served with “boots on the ground” in Vietnam now applies to Blue Water Navy Veterans.
If you are a Blue Water Navy veteran who suffers from one of the presumptive conditions associated with Agent Orange exposure, you are now eligible for VA disability compensation benefits.
If you have been diagnosed with a condition not listed on VA’s presumptive list but believe your condition was caused by Agent Orange exposure, you may still qualify for VA disability benefits. Contact our office for a free consultation at 844-567-1185.
In order to be eligible for the presumption of Agent Orange exposure, you must meet the following criteria:
- You served offshore within twelve nautical miles from the line of demarcation of Vietnam between 1962 and 1975; and
- You are currently diagnosed with one of the medical conditions associated with Agent Orange exposure acknowledged by VA
If you meet the following criteria, you may want to consider filing a claim for service-connected compensation for your medical condition based on Agent Orange exposure.
How Much VA Compensation Can I Receive?
The amount of VA compensation a veteran receives is based upon the severity of their service-connected disabilities. VA rates veterans on a scale of 0% to 100%, with additional compensation for some veterans’ dependents.
As of 2026, the VA disability rate benefit amounts are as follows:
- 0 percent disability rating: $0.00 per month
- 10 percent disability rating: $180.42 per month
- 20 percent disability rating: $356.66 per month
- 30 percent disability rating: $552.47 per month
- 40 percent disability rating: $795.84 per month
- 50 percent disability rating: $1,132.90 per month
- 60 percent disability rating: $1,435.02 per month
- 70 percent disability rating: $1,808.45 per month
- 80 percent disability rating: $2,102.15 per month
- 90 percent disability rating: $2,362.30 per month
- 100 percent disability rating: $3,938.58 per month
Veterans who receive a disability rating of less than 100% but are unable to work due to service-connected conditions may qualify for Total Disability based on Individual Unemployability benefits, which compensates veterans at the 100% rate.
Call Chisholm Chisholm & Kilpatrick LTD today to start the process.
The VA frequently gets backlogged with claims and appeals. As a result, the process can take some time. The sooner you get started, the sooner you can start to receive benefits. Our attorneys are ready to start building your case.
If you think you were exposed to Agent Orange during your military service and now have a medical condition or diagnosis you believe to be caused by exposure, do not miss out on the benefits you deserve. The veterans advocates at Chisholm Chisholm & Kilpatrick LTD will fight your case aggressively, as we have for over 20 years. Call today for a free consultation: 844-567-1185.
