who is lawyer for soldiers dependents in agent orange

by Jay Carter 9 min read

Full Answer

What does an Agent Orange lawyer do for veterans?

Woods & Woods veterans disability lawyers have worked with thousands of veterans that were exposed to Agent Orange. If you hire Woods & Woods, our Agent Orange VA disability lawyers work with doctors, psychologists, and vocational experts to help prove your VA claim.

Are children of veterans exposed to Agent Orange eligible for compensation?

Additionally, children who have other birth defects (and are biologically related to the veteran exposed to Agent Orange) are eligible for: 1 Monthly monetary compensation dependent on the VA disability rating 2 Vocational training 3 Health care benefits

Were Navy veterans exposed to Agent Orange in Vietnam?

There is currently legislation making its way to Congress about U. S. Navy veterans and exposure to Agent Orange. Many U. S. Navy veterans may have been exposed to Agent Orange because their ships were close to Vietnam. Other U. S. Navy veterans may have been exposed to Agent Orange because their ships were transporting the dangerous chemical.

Who is eligible for Agent Orange survivor benefits?

The spouses and dependent children of veterans who died because of an illness caused by Agent Orange or those who died in the line of duty are eligible for survivor benefits. Qualifications depend on when the surviving spouse and the veteran were married, whether they had children, or got a divorce.

Can a child of a Vietnam veteran get benefits?

In addition to monthly tax-free disability compensation benefits, biological children of a Veteran who served in Vietnam, Thailand, or the Korean DMZ during these qualifying time periods are also eligible for certain VA-covered healthcare benefits, and for “vocational rehabilitation” paid for by the VA, providing ...

What is the average VA compensation for Agent Orange?

During its operation, the Settlement Fund distributed a total of $197 million in cash payments to members of the class in the United States. Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged about $3,800 each.

Can Agent Orange be passed on to a child?

There is currently no definitive evidence that a father's exposure to Agent Orange causes birth defects. However, an analysis of Agent Orange registry data from the U.S. Department of Veterans Affairs (VA) suggests a link between males' exposure to Agent Orange and having children with certain birth defects.

What does Agent Orange do to offspring?

The children of Vietnam veterans and occasionally even their grandchildren have also dealt with significant health problems from Agent Orange exposure as well. Birth defects such as neural tube defects are the most common effects of Agent Orange in the second generation exposed to Agent Orange. That's the bad news.

Who is eligible for Agent Orange compensation?

Veterans who were exposed to Agent Orange in Vietnam while on active duty are eligible for disability compensation through the Department of Veterans Affairs (VA) as long as they were discharged under conditions other than dishonorable.

What are the 14 diseases associated with Agent Orange?

Veterans and their survivors may be eligible for benefits for these diseases.AL Amyloidosis. ... Bladder Cancer. ... Chronic B-cell Leukemias. ... Chloracne (or similar acneform disease) ... Diabetes Mellitus Type 2. ... Hodgkin's Disease. ... Hypothyroidism. ... Ischemic Heart Disease.More items...•

Do dependents of Veterans get benefits?

As the spouse or dependent child of a Veteran or service member, you may qualify for certain benefits, like health care, life insurance, or money to help pay for school or training.

Do grandchildren of Veterans get benefits?

Grandchildren are not considered military dependents, according to the DoD, and only military dependents can receive benefits. That means your grandson cannot access healthcare or use on-base childcare or recreation classes that require him to be registered to use.

Is Agent Orange still causing birth defects in Vietnam?

Spina bifida (except spina bifida occulta), a defect in the developing fetus that results in incomplete closing of the spine, is associated with Veterans' exposure to Agent Orange or other herbicides during qualifying service in Vietnam or Korea.

Can Agent Orange be passed to spouse?

Surviving spouses, dependent children and dependent parents of Veterans who were exposed to Agent Orange and died as the result of diseases related to Agent Orange exposure may be eligible for a monthly payment called Dependency and Indemnity Compensation.

Can Agent Orange be passed on genetically?

Changes in gene expression — whether a gene for a trait is turned on or off — can be passed from one generation to the next, research shows. A 2012 study, for example, showed that gestating female rats exposed to dioxin, a byproduct found in Agent Orange, passed mutations to future generations.

Can a veteran claim a grandchild as a dependent?

To claim your grandchild as a dependent on your VA award, the unmarried child must be legally adopted before the age of 18 or before the age of 23, if the child is attending a VA-approved college or university.

What is the disease that is found in veterans who were exposed to Agent Orange?

One specific disease, Glioblastoma Multiforme, is a type of malignant brain tumor, often found in veterans who were exposed to Agent Orange during service.

Why was Agent Orange used in the Vietnam War?

During the Vietnam War, an herbicide known as Agent Orange was used to eradicate the heavy jungle forest to make it easier for troops to avoid being ambushed. Veterans who had boots on the ground service in Vietnam, Thailand, or the DMZ in Korea during certain presumptive time periods were susceptible to exposure and thus qualify ...

What is the disease of Agent Orange?

One specific disease, Glioblastoma Multiforme, is a type of malignant brain tumor, often found in Veterans who were exposed to Agent Orange during service.

Do veterans experience symptoms after service?

Other times, veterans don’t experience symptoms until many years after service, such as in the form of a mental health condition or cancer due to exposure of hazardous materials like Agent Orange, Burn Pits, or Asbestos. READ MORE. Traumatic Brain Injuries.

Does the VA recognize Agent Orange?

This means that if VA acknowledges a Veteran served in an area where he or she was exposed to Agent Orange, their claim for service connection is granted on a presumptive basis. Unfortunately, VA has not yet recognized that many conditions, such as certain types of cancers, may be the result of Agent Orange exposure.

Can you get benefits for sexual trauma in the military?

Military sexual assaults occur with both men and women and often go unreported. Many Veterans believe they do not qualify for Veterans’ benefits for military sexual trauma if they did not report the assault when it happened, but that is not true.

Can a veteran be service connected?

In some cases, veterans may have already been service connected for the condition that caused their death. In other cases, the surviving spouse is required to prove that the cause of death, if not already service-connected, was due to the veteran’s service. READ MORE. Individual Unemployability.

Who is eligible for Agent Orange compensation?

Surviving spouses, dependent children and dependent parents of Veterans who were exposed to Agent Orange and died as the result of diseases related to Agent Orange exposure may be eligible for a monthly payment called Dependency and Indemnity Compensation.

Who is eligible for VA health care benefits?

Health care benefits. Surviving spouses and children of Veterans who died from a VA-rated, service-connected disability may be eligible for health care benefits under the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA).

What benefits does the VA offer to surviving spouses?

Benefits include compensation and health care benefits.

Can a survivor get a Champva?

Survivors also may be eligible for CHAMPVA if the Veteran was rated permanently and totally disabled from a service connected disability at the time of death. To be eligible for CHAMPVA, you cannot be eligible for TRICARE/CHAMPUS. Find out more about eligibility for CHAMPVA health care benefits and how to apply.

Can a veteran be eligible for Dependency and Indemnity Compensation?

Survivors also may be eligible for Dependency and Indemnity Compensation if the Veteran died from other service- related injuries or diseases or was totally disabled from service-connected conditions for certain lengths of time at the time of death.

Agent Orange Benefits Eligibility

Recent government funding has worked to extend VA health care and compensation to tens of thousands of Air Force, Navy and Marine veterans with Agent Orange-associated conditions. The Diseases and Conditions covered by the VA include the following:

Blue Water Navy Vietnam Veterans Exposure

For major expense reasons, the VA opposes extending benefits to veterans who served on ships during the Vietnam War and have exposure-related ailments linked to Agent Orange.

Legal Action: Agent Orange Exposure Lawsuits

Many veterans who served in Vietnam and the Korean Demilitarized Zone (DMZ) in the 1960s and 1970s suffer from cancer and other adverse health issues. The Department of Veterans Affairs ( VA) presumes that certain diseases were caused by exposure to Agent Orange and other herbicides.

When did Agent Orange take place?

The VA lists most qualifying Agent Orange exposures as taking place between January 9, 1962, and May 7, 1975, in these locations: Vietnam. Korea. Areas just outside Vietnam and Korea.

Can you still get disability from Agent Orange?

Peripheral neuropathy, early onset (nervous system disorder causing numbness, tingling and weakness) Porphyria cutanea tarda (a rare liver disease) If you have a different illness—not on this list—that you believe started with Agent Orange, you could still receive Agent Orange disability benefits.

What are the conditions that are related to Agent Orange?

At first, the government only recognized one condition related to Agent Orange exposure – chloracne, a skin condition. In the 1990s, though, the government acknowledged that more conditions are related to its exposure, some of which are debilitating.

Can a veteran's spouse be exposed to herbicide?

Now, veterans, their spouses, and doctors claim that even grandchildren of veterans can be impacted by their grandparent’s exposure.

Can a spouse of a veteran who died in the line of duty get survivor benefits?

The spouses and children of veterans who died because of an illness caused by Agent Orange or those who died in the line of duty are eligible for survivor benefits. Qualifications depend on when the surviving spouse and the veteran were married, whether they had children, or got a divorce.

Can female soldiers get disability?

Since it has been well documented that exposure leads to certain health problems, female veterans are eligible for disability benefits.

Does Agent Orange cause birth defects?

The VA recognizes that children born to female veterans exposed to the herbicide have a higher incidence of birth defects.

Is Agent Orange a cause of autism?

To date, there is no single known cause of autism linked to Agent Orange, though it is thought that it is caused by abnormalities in the brain.

Is Agent Orange a dioxin?

In 2018, researchers found a link between dioxin and autism, concluding that dioxins could be a contributing factor in ASD. It would stand to reason, then, that exposure to Agent Orange – which contains TCDD, a dioxin that is a byproduct of the production of this herbicide – could lead to instances of autism.

Which diseases are presumed to have been caused by Agent Orange Exposure?

The VA presumes the following diseases are caused by exposure to Agent Orange:

Assuming Agent Orange exposure, what evidence is needed to prove your disability claim?

If you are seeking service connection for one of the diseases VA presumes is associated with exposure to herbicides during service, VA requires the following:

How many children of veterans are affected by Agent Orange?

According to a story written by ProPublica, which also ran in the Virginian-Pilot, children of veterans who were exposed to Agent Orange have a 30% greater chance of having birth defects than the children of average veterans. This means that thousands of children of veteran are affected.

What benefits does Agent Orange offer?

If you are the child of a veteran who came into contact with Agent Orange, and you have serious birth defects, then you may be eligible for several VA benefits such as monthly disability payments, health care benefits, and vocational training. Vocational training is a two to four year program of rehabilitation and job assistance with the goal ...

What to do if VA denies disability?

If the VA denies your benefits, then an experienced disability appeals lawyer can help you make a stronger case by collecting more evidence and presenting legal precedent that supports your claim. Call Jackson & MacNichol today at 1 (800) 524-3339 for a free consultation about the appeals process for children of Agent Orange.

What aircraft was used to transport Agent Orange?

On C-123 aircraft that were used to transport Agent Orange. On any base where Agent Orange was used or stored. If none of the above applies, you would need to establish Agent Orange exposure through the veteran’s service records and testimony regarding the conditions of their service.

When was Agent Orange published?

Published on August 18th, 2020. Everyone knows about the devastating effects of direct Agent Orange exposure, but the problem of birth defects in the children of Vietnam and Korea veterans has not gotten the attention it deserves.

Does the VA offer benefits to children of veterans?

This means that thousands of children of veteran are affected. Fortunately, the VA does offer some benefits for children of exposed veterans. The application process can be fact intensive, and the range of qualifying birth defects is narrow, so in the end you may not get the compensation you hoped for. In these situations, the veterans benefits ...

Nehmer Class Action Lawsuit

Before we discuss the Nehmer effective date rules, it is helpful to understand the basics of the Nehmer class action itself. The lawsuit was filed in 1986 (and certified as a class action in 1987) to challenge a VA regulation from 1985 which gave presumptive status to chloracne claims only.

How Effective Dates Normally Work

Because the effective date rules under Nehmer are so different, here is a quick refresher as to how effective dates are normally treated.

Special Nehmer Effective Date Rules

Under the special Nehmer effective date rules, it does not matter when the VA adds a disease to the presumptive list.

What is the birth defect of Agent Orange?

Birth defects linked to Agent Orange. Spina bifida is a spinal cord birth defect. A baby develops spina bifida while still in the womb. In some cases, a parent’s past contact with specific chemicals causes this birth defect. If you served in Vietnam or Thailand, or in or near the Korean Demilitarized Zone ...

How to contact Veterans Benefits Assistance?

If you have a power of attorney and need to update their information, please call Veterans Benefits Assistance at 800-827-1000, Monday through Friday, 8:00 a.m. to 9:00 p.m. ET.