Ages 65–74: Important VA Benefits, Conditions & Challenges for Late-/Post-Vietnam Veterans

CCK Law: Our Vital Role in Veterans Law

Veterans who served near or after the end of the Vietnam War (ages 65 to 74) — in Vietnam or elsewhere in the world — face many common conditions and obstacles. This article will highlight some benefits and tips they should consider researching to maximize the support they receive from VA.

Key points of this article include:

• Service in Vietnam itself is not required to be dubbed a veteran of the Vietnam Era. As long as the veteran served in the proper timeframe, they should qualify.
• Vietnam-Era veterans are an aging population, and they often suffer from conditions worsened by age or caused by toxic exposure during service.
• To account for potentially worsening disabilities, older disabled veterans of the Vietnam Era might consider pursuing benefits like TDIU or Special Monthly Compensation (SMC).

Watch CCK Law Partner Maura Black break down the challenges Vietnam-Era veterans face and the benefits they should pursue:

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What Conditions Often Affect Late-/Post-Vietnam Veterans?

Age-Worsened Conditions

Many service-connected conditions get worse with age. This results in many late-Vietnam-era veterans needing to file new or increased-rating claims later in life.

Some disabilities that commonly worsen with age include:

• Orthopedic conditions (e.g., conditions that affect the back, knees, hips, etc.)
• Mental disorders like depression or PTSD
• Hearing loss and tinnitus
• Parkinson’s disease

“If a condition VA already rated for you has worsened, you can ask VA to take another look at your rating by filing an increased rating claim,” says Maura Black, partner at CCK Law. “When you do this, you’ll want to reference and consider submitting medical records that show this change.”

Presumptive Conditions (Including Herbicide-Related Disabilities)

Presumptive conditions are those VA recognizes as automatically service connected, as long as the veteran served in a particular time and region. For Vietnam-Era veterans, VA presumes service connection for many illnesses caused by exposure to herbicides like Agent Orange.

These disabilities, some of which were added to VA’s presumptive conditions list via the PACT Act, include:

• Parkinson’s disease
• Type 2 diabetes
• Hodgkin’s disease
• Hypertension
• Various kinds of cancers
• Early-onset peripheral neuropathy

If a late-/post-Vietnam-War veteran developed any of these or other conditions VA commonly associates with Agent Orange exposure, they may be able to more easily earn service connection for that condition by taking advantage of these presumptions.

It should be noted that these presumptions extend beyond the country of Vietnam and apply to service members all over the world who may have been exposed to Agent Orange, including those who served in any of the following places and periods:

• The Republic of Vietnam, its inland waterways, or a vessel within 12 nautical miles of the demarcation line between January 9, 1962, and May 7, 1975
• Any U.S. or Royal Thai military base in Thailand from January 9, 1962, through June 30, 1976
• Laos, from December 1, 1965, through September 30, 1969
• Cambodia at Mimot or Krek, Kampong Cham Province, from April 16 through April 30, 1969
• Guam, American Samoa, or their territorial waters from January 9, 1962, through July 31, 1980
• Johnston Atoll, or a ship that called there, from January 1, 1972, through September 30, 1977
• On or near the Korean demilitarized zone (DMZ) between September 1, 1967, and August 31, 1971
• Active duty and reservist personnel who had regular contact with C-123 aircraft between 1969 and 1986

Veterans should note that, for those who served in the Republic of Vietnam, VA’s Agent Orange presumptions only extend back to January 9, 1962, even though the Vietnam Era technically “began” on November 1, 1955. Some veterans who served in Vietnam before January 9, 1962, therefore would not qualify for these presumptions, despite still qualifying as Vietnam-Era veterans overall.

Watch CCK Law Founding Partner Robert Chisholm explain why presumptive conditions may be worth pursuing for older veterans:

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What VA Benefits Apply to Many Late-Vietnam-Era Veterans?

Increased Rating Claims for Vietnam-Era Veterans

Increased rating claims are when a veteran asks VA to re-evaluate their service-connected condition to potentially grant it a higher rating percentage. This type of claim is valuable for many Vietnam-Era veterans to pursue, as many suffer from conditions that have become worse due to age and time.

Veterans who decide to pursue a higher rating for their disability should take these steps:

1. Gather current evidence that demonstrates the condition has worsened (e.g., recent medical records, range-of-motion measurements, audiograms, etc.)
2. File for an increased claim by filling out and submitting VA Form 21-526EZ. An intent to file submitted first can preserve an earlier effective date.
3. Attend any Compensation and Pension (C&P) exams that VA schedules, as failure to attend the exam could lead to VA denying the claim outright.
4. If the increased rating claim is granted, check the effective date on the decision letter, as effective-date errors are common. An accurate effective date could grant the veteran additional months or years of retroactive benefits.

Veterans should note that, while an increased disability rating can provide life-changing benefits, there are certain risks to filing.

For instance, VA will usually order a re-examination of the veteran’s condition for the purpose of determining a new rating. If this C&P exam proves that the veteran’s condition has improved rather than worsened, it could lead VA to instead issue a reduction in the veteran’s rating.

Secondary Service Connection for Vietnam-Era Veterans

Secondary service connection applies when a service-connected condition causes or worsens a separate condition. In this case, the new, separate condition becomes service connected in its own right, with its own rating that contributes to the veteran’s overall rating.

For Vietnam-Era veterans, some common secondary conditions that can develop include:

• Peripheral neuropathy caused by service-connected type 2 diabetes
• A mental disorder like depression or anxiety caused by chronic pain from a service-connected injury
• Kidney damage or disease caused by the medication a veteran takes for their service-connected hypertension

Secondary claims often hinge on the medical nexus opinion a veteran obtains connecting their primary service-connected condition with their secondary one. As such, veterans pursuing such a claim should be sure to get a quality nexus letter from their private doctor or another medical professional.

Total Disability Based on Individual Unemployability (TDIU) for Vietnam-Era Veterans

Total disability based on individual unemployability (TDIU) compensates veterans at the 100 percent rate when their service-connected disabilities prevent them from “substantially gainful” work, even if the veteran’s actual percentage rating is lower than 100 percent.

This benefit is intended for veterans whose disabilities prevent them from supporting themselves through employment. Importantly for Vietnam-Era veterans, VA is not allowed to consider a veteran’s age or retirement status when evaluating them for TDIU.

“Under VA’s own rules, specifically 38 CFR § 4.19, age cannot be used as the reason for a TDIU decision,” says Maura Black. “VA is not supposed to count your service-connected unemployability against you simply because you are older. So don’t assume that being retired takes TDIU off the table.”

Instead, VA’s decision regarding TDIU hinges entirely on whether a veteran’s service-connected conditions prevent them from substantially gainful work. However, this also means that if a Vietnam-Era veteran’s inability to work is tied purely to their age rather than to their relevant condition, VA is unlikely to grant them TDIU.

In the video below, CCK Law Partner Maura Black discusses the impact age has on a veteran’s claim:

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Special Monthly Compensation (SMC) for Vietnam-Era Veterans

Special Monthly Compensation (SMC) is a benefit reserved for veterans whose disabilities are too severe or complex to be accurately rated using VA’s typical rating schedule. It provides veterans with monthly compensation that is generally higher than any they could earn if they were simply rated 10 to 100 percent disabled.

For Vietnam-Era veterans with severe physical or mental disabilities, two prominent tiers of SMC that may be worth seeking are SMC(s) (Housebound) and SMC(l), SMC(r)(1), and SMC(r)(2) (Aid and Attendance):

• SMC(l), SMC(r)(1), and SMC(r)(2), for Aid and Attendance (A&A) — These tiers of SMC are granted to veterans who need the regular assistance of another person to perform the activities of daily living.
• SMC(s), for Housebound — This tier of SMC is granted to veterans who are permanently confined to their home due to their disability, as well as veterans who meet certain rating percentage requirements.

VA Pension for Vietnam-Era Veterans

The VA Pension (also known as the “Veterans Pension”) is a form of monthly compensation issued to older veterans with qualifying wartime service. Generally needs-based, the VA Pension is intended for veterans without compensable service-connected disabilities and cannot be received at the same time as VA disability compensation.

In addition to meeting the proper income and service requirements, veterans looking to claim the VA Pension must also meet one of these criteria to be eligible:

• Be 65 or older; or
• Have a permanent and total non-service-connected disability; or
• Be a patient in a nursing home for long-term care because of a disability; or
• Be receiving Social Security Disability Insurance or Supplemental Security Income

It is also important to note that the VA Pension offers special rates for veterans who need regular Aid and Attendance (A&A) or are Housebound. Though they share a name and similar purpose, these rates are distinct from SMC(l) and SMC(r) (Aid and Attendance), as well as SMC(s) (Housebound), since VA Pension and SMC belong to completely different programs.

Dependency and Indemnity Compensation (DIC) for Vietnam-Era Veterans

Dependency and Indemnity Compensation (DIC) is a tax-free monthly benefit for the surviving spouse, child, or parent of a deceased veteran who meets certain criteria. To qualify, a veteran must have passed away in the line of duty or died of a service-connected condition. A veteran may also qualify if they die of a non-service-connected cause, as long as they held a total disability rating continuously for the 10 years immediately prior to their death.

For Vietnam-Era veterans concerned about how their survivors will support themselves after the veteran passes, DIC provides a pathway to financial stability for those families. Depending on the deceased veteran’s disability status, it may be possible for their survivors to earn DIC at higher rates than usual.

“If a veteran is recognized by VA and rated as totally disabled — including through a TDIU award — for at least eight continuous years before passing away, a surviving spouse married to the veteran during all eight years may qualify for an added amount on top of the base rate for DIC,” says Maura Black.

However, not every survivor will qualify for DIC, so veterans and their families should account for DIC’s eligibility criteria when planning their financial future.

Watch CCK Law Partners Michael Lostritto and Alyse Phillips discuss why older veterans should still consider filing VA disability claims:

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What Other Challenges Are Vietnam-Era Veterans Likely To Face?

Missing Records From the 1973 NPRC Fire

“One last practical hurdle to mention, decades-old records can sometimes be hard to find or retrieve. Some were even lost in the 1973 fire at the National Personnel Records Center,” says Maura Black. “So, if your records are missing, think about these two terms: ‘lay evidence’ and ‘buddy statements.’”

Lay evidence (which can include “buddy statements”) are personal written accounts from a veteran or their friends, family, or fellow service members that provide supporting testimony for the veteran’s claim.

For Vietnam-Era veterans whose records have been lost or destroyed, lay evidence can help serve as proof or as a valuable source of information and context regarding the veteran’s disability.

Did VA Deny Your Disability Claim? Contact CCK Law

Frequently Asked Questions

What is the difference between a Vietnam War veteran and a Vietnam-era veteran?

The difference is generally where a veteran served, not when. Those who served in the Republic of Vietnam, its inland waterways, or in its nearby waters and airspace are often described as “Vietnam War” veterans. However, there were also large numbers of veterans at the time who never set foot in Vietnam, serving instead in Germany, Japan, Korea, Thailand, aboard ship, or stateside. These veterans are more likely to be called “Vietnam-Era” veterans.

Does a veteran need a new C&P exam to increase a rating later in life?

Not always, but filing a claim can prompt one, as VA may want a firsthand look at the veteran’s condition in its current state before issuing a decision on their increased rating claim.

Notably for Vietnam-Era veterans, under 38 CFR § 3.327, VA generally does not schedule routine periodic reexaminations for veterans over 55 except under unusual circumstances. That limit only covers routine reexaminations, however, not exams ordered to decide a pending claim.

How does age-related hearing loss affect an existing VA rating?

If a veteran’s service-connected hearing loss worsens over time due to factors like aging, the veteran may be able to file an increased rating claim. This will prompt VA to reexamine the veteran’s claim and determine if their worsened condition warrants a higher rating and compensation.

Does a DD214 say whether someone is a Vietnam-Era veteran?

Usually not. Many DD214s from the period carry no era statement, because the form was not designed to record one. The dates of service establish era status on their own against 38 CFR § 3.2(f).

Is it too late to file a first VA claim at 70?

No, there is no deadline to file an initial claim for disability compensation. In fact, regulations forbid VA from considering age or retirement status when evaluating a veteran’s disability claim.

What if VA denied an Agent Orange claim years ago?

It may be worth revisiting. VA states it automatically reviewed previously denied claims for bladder cancer, hypothyroidism, and Parkinsonism after adding those conditions to its presumptive conditions list in 2021. For conditions added later, including hypertension and MGUS, a veteran generally needs to file a Supplemental Claim rather than wait.