Getting Veterans (VA) Disability for Agent Orange Diseases
If you were exposed to Agent Orange during your U.S. military service, you might be eligible for VA service-connected disability compensation for medical conditions associated with Agent Orange.
If you developed cancer or another health condition after being exposed to Agent Orange, get an experienced veterans’ advocate on your team to help you get the benefits you deserve. Contact the attorneys at Chisholm Chisholm & Kilpatrick LTD for a free consultation. Call today: 401-331-6300.
What is Agent Orange?
Agent Orange is a powerful herbicide. The U.S. military used it to defoliate swaths of land in Thailand, Vietnam, and Korea. It was also tested, used, and stored at various other locations. Unfortunately, research later showed the herbicide was highly toxic to anyone who came in proximity to it.
The effects of Agent Orange can take years to appear. Even if many decades passed between your exposure in military service and medical diagnosis of an associated condition, it’s not too late to file a claim. If you can prove you were exposed to Agent Orange during service and have an associated medical condition, the VA must grant service connection.
What Agent Orange-related conditions qualify for disability benefits?
Medical researchers have linked Agent Orange to a host of health conditions. The VA adds new conditions to the list periodically. No matter your diagnosis, contact us for a free consultation. Currently, the list of health conditions associated with Agent Orange exposure includes the following:
- AL amyloidosis
- Hodgkin’s and Non-Hodgkin’s Lymphoma
- Ischemic Heart Disease
- Diabetes Mellitus, Type II
- Parkinson’s Disease
- Respiratory Cancer (e.g., bronchus cancer, larynx cancer, lung cancer, trachea cancer)
- Prostate Cancer
- Soft Tissue Sarcoma
- Multiple Myeloma
We can gather the medical evidence you need and connect it to your military service and present it to the VA. Should the VA challenge or deny your claim, our attorneys have experience navigating the appeal process. Call us today for a free consultation: 401-331-6300.
How can I prove my health condition resulted from 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 that Agent Orange caused your medical condition, we 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 Vietnam or the Korean DMZ during the Vietnam era, the VA will grant service connection on a presumptive basis. This means that the VA assumes that you were exposed to Agent Orange while serving in these areas during the Vietnam War.
However, even if the 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 the VA.
Your illness resulted from your exposure to Agent Orange.
The last, and perhaps most important step in the process is connecting your diagnosis to Agent Orange. If your health condition is not on the list or you did not serve in Vietnam, the Korean DMZ, or Thailand, we will have to do some research to establish a link, but our attorneys are qualified to do so.
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.
How much will my monthly VA disability benefit be?
Depending on the severity of your disability, you can receive as much as $3,146.42 per month as a single person. If you have dependents, such as a spouse, children, or dependent parents, you can earn even more money on their behalf.
The VA uses a disability rating system to assign benefits. Based on the severity of your condition, it assigns you a rating of 0 to 100 percent. The higher your disability rating, the more money you receive in benefits each month.
As of December 1st, 2020 the VA disability rate benefit amounts are as follows:
- 0 percent disability rating: $0.00 per month
- 10 percent disability rating: $144.14 per month
- 20 percent disability rating: $284.93 per month
- 30 percent disability rating: $441.35 per month
- 40 percent disability rating: $635.77 per month
- 50 percent disability rating: $905.04 per month
- 60 percent disability rating: $1,146.39 per month
- 70 percent disability rating: $1,444.71 per month
- 80 percent disability rating: $1,679.35 per month
- 90 percent disability rating: $1,887.18 per month
- 100 percent disability rating: $3,146.42 per month
If your diagnosis is active cancer, the VA assigns an automatic disability rating of 100 percent. This qualifies you for the max benefit of $3,146.42 per month (plus anything you receive on behalf of dependents). Your 100 percent rating continues until six months after successful completion of a treatment program. At that time, the VA requires you undergo another evaluation to determine the current status of your diagnosis. It then re-rates you based on the result.
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 qualifying 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. Call today for a free consultation: 401-331-6300.
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