By Larry Dandridge
This is the final article of five on Agent Orange and how to obtain disability benefits for Agent Orange-related conditions.
These five articles have highlighted only part of the need-to-know information available at the VA’s websites on Agent Orange exposure and service-connected disability compensation.
How to file an Agent Orange-related claim for Service-connected disability
Filing a claim for military service-connected disability compensation for Agent Orange and other herbicides (Rainbow Chemicals) stored, handled, sprayed, and used in Vietnam and other locations can be complicated and requires:
1. Using a VSO: The help of a VA-accredited Veterans Service Officer (VSO), a VA-accredited Attorney, or a VA-accredited Claims Agent is needed. VSO services are free. Attorneys and Claims Agents usually charge for their services, so a VSO should normally be a veteran’s first choice (unless the VSO recommends you see an Attorney). Veterans can also request assistance from the VA in filing a claim by calling 800-827-1000 (TTY: 711) or visiting their nearest VA Regional Office. Find the closest VA Regional Office at https://bit.ly/3IPk5YU. Learn more about VSOs at in the ISLAND NEWS article titled “Things You Need to Know About VSOs” dated Sept. 4, 2024 (https://bit.ly/4l68L8m).
2. Do your homework: Research and reading the information at the VA webpages “Agent Orange Exposure and Disability Compensation,” (https://bit.ly/3U2TRob); Public Law 116-23 (Blue Water Navy Vietnam Veterans Act of 2019 on Congress.gov) (https://bit.ly/40IlBlL); C-123 Aircraft Agent Orange Exposure and Disability Compensation (https://bit.ly/4lTNike); “Public Health — Herbicide Tests and Storage Outside Vietnam” (https://bit.ly/4lUODqU); “The PACT ACT and Your VA Benefits” (Eligibility Conditions and Locations) (https://bit.ly/40BcSSw); and the VA web pages mentioned in these five articles and the VA web pages discussed therein.
3. Proof you have the health condition: Proof that the veteran has a VA presumptive health condition caused by Agent Orange (or other Rainbow Chemicals), including medical records (military, veteran, or civilian health records) showing the veteran has an Agent Orange-related health condition, military records showing how the veteran was exposed to Agent Orange during their service, and symptoms.
4. Discharge Papers: A copy of the veteran’s discharge/separation papers (DD214, etc.) that show their time and location of service and provide proof that the veteran served for any length of time in a location that exposed the veteran to Agent Orange or other Rainbow Herbicides. Find specific locations at https://bit.ly/4oaBc7N.
5. C-123 Aircraft Special Forms: For Agent Orange claims related to C-123 aircraft, veterans also need to submit one or more of these forms:
- USAF Form 2096 (unit where you were assigned at the time of the training action);
- USAF Form 5 (aircraft flight duties); or
- USAF Form 781 (aircraft maintenance duties).
6. Dependent claims: For claims that include support for dependents, please submit your dependency records (The veteran’s marriage certificate and the birth certificates of their children).
7. PACT ACT added Presumptive Conditions: For claims where the VA denied a veteran’s claim for bladder cancer, hypothyroidism, or Parkinsonism in the past, the VA added these conditions to the presumptive condition list in 2021. If the VA denied a veteran’s claim for any of these conditions in the past, the VA promises to review his or her case automatically. Veterans should not need to file another claim. The VA will send the veteran a letter to inform them that their case is being reviewed. Veterans can ask their VSO to follow up with the VA, or the veteran can call the Agent Orange Help Line at 800-749-8387 (TTY: 711) or send an email to GW/GW/GW/AOHelpline@vba.va.gov.
8. Blue Water Navy Veteran who the VA denied in the past: For claims the VA denied in the past because the VA determined that your disability was not caused or made worse by your active-duty service, you can file a Supplemental Claim based on the change in the law. In some instances, if the VA approves your claim, the VA will pay the veteran back to the date of their original claim submission. Follow the instructions at the VA’s “Supplemental Claims” webpage found at https://bit.ly/4ob6BqA. Learn more by downloading Public Law 115-23 (Blue Water Navy Vietnam Veterans Act 2019) Fact sheet https://bit.ly/4ocgILY.
9. Get a free Agent Orange Registry Health Exam: Schedule an Agent Orange Registry Exam. This is a free health exam for veterans who meet any of the VA Agent Orange service requirements for presumption. Even if the veteran does not have a known condition, the exam may alert them to conditions that could be related to exposure to herbicides. Find your local VA Environmental/Agent Orange Coordinator at https://bit.ly/4lPh35t or by calling your local VA Medical Center.
10. Obtain letters from your Agent Orange Registry Coordinator: Obtain letters for each of your Agent Orange-related health conditions from your local VA Environmental Health Coordinator (Agent Orange Registry Point of Contact) for each of your Agent Orange-related health conditions. These letters are more evidence supporting your claim for Agent-Orange service-connected disability compensation and health care. This exam is not a VA claim exam, also known as a Compensation and Pension (C&P) exam. A veteran does not need to have this exam to receive other VA benefits. Find your local VA Environmental/Agent Orange Coordinator at https://bit.ly/40EIhTY or by calling your local VA Medical Center.
Spina Bifida
Spina bifida is a spinal cord birth defect that can be caused by a parent’s past contact with Agent Orange. If you’re the child of a veteran who served in Vietnam, Thailand, or in or near the Korean Demilitarized Zone (DMZ) and you have spina bifida, you may be able to get VA benefits. Find out if you’re eligible and how to apply at the VA webpage “Benefits for Spina Bifida Linked to Agent Orange” (https://bit.ly/4lPQv49).
The bottom line
If you are a veteran and have a cancer or illness that is not on the VA’s list of Agent-Orange-caused presumptive conditions, but you believe it was caused by Agent Orange exposure, you can still file a claim for VA disability benefits. All you need to know about Agent Orange cannot be covered in five articles, so make sure you use a VA-accredited VSO to help you apply for VA healthcare and file claims for Agent Orange-caused health conditions and injuries you have. You can read all of Larry Dandridge’s more than 250 articles on veterans’ benefits at https://www.yourislandnewscom and click on Military.
Larry Dandridge is a Vietnam War wounded warrior, a combat and service-connected 100% disabled veteran, an ex-Enlisted Infantryman, an ex-Warrant Officer Pilot, and a retired Lt. Colonel. His over 260 articles on veterans’ benefits, leadership, logistics, hospice, law enforcement, and aeronautics have been published in over 20 magazines and newspapers in the USA, Germany, and England. Larry is a former Veterans Service Officer, a Patient Adviser at his local VA Hospital, a Fisher House Charleston Goodwill Ambassador, and the past Vice President for Veteran Affairs for his local Association of the US Army (AUSA) and Military Officers Association (MOAA) Chapters. He is currently the VFW Post 7378 Service Officer, the author of the award-winning and popular (over 250 five-star reviews) Blades of Thunder (Book One), and a contributing freelance writer with The Island News. Contact him at LDandridge@earthlink.net or 843-276-7164.
