What Is The Agent Orange Presumptive List
The herbicide Agent Orange was used in both Vietnam and Korea during the 1960s and 1970s.
There are numerous duty locations and qualifying active duty service that could have exposed a veteran to Agent Orange.
Any length of service qualifies.
The standard 90-day rule does not apply to veterans exposed to Agent Orange.
Lets explore each eligible location and type of service.
How The Va Rates Prostate Cancer
The VA has established a rating system for prostate cancer based on the severity of the symptoms. This rating system falls under genitourinary conditions . Prostate cancer is rated according to voiding dysfunction or urinary tract infection .
If surgery is required for prostate cancer, the VA will award a temporary 100 percent rating post-surgery. The VA will schedule a follow-up exam at a VA medical center about six months after the surgery in order to determine whether or not the 100 percent rating is still warranted.
If there is no metastasis, the VA will then rate the residuals according to voiding dysfunction or renal dysfunction , which usually comes to a 10 percent rating. Court cases have determined that the VA can reduce the 100 percent rating only after the cessation of surgical, X-ray, antineoplastic chemotherapy, or other therapeutic procedure. The term therapeutic according to DC 7528 is interpreted as the procedures to cure cancer and the disease.
Hodgkins Disease Dc 7709
Hodgkins lymphoma is a form of cancer that affects the lymphatic system, which is part of the bodys germ-fighting immune system.
In Hodgkins lymphoma, white blood cells called lymphocytes grow out of control, causing swollen lymph nodes and growths throughout the body.
Hodgkins disease has been linked directly to Agent Orange exposure.
The VA rates Hodgkins disease under CFR Title 38, Part 4, Schedule for Rating Disabilities, DC 7709, Hodgkins Lymphoma.
What is the VA rating for Hodgkins Lymphoma due to Agent Orange?
The VA assigns a 100 percent VA rating for Hodgkins lymphoma with active disease or during a treatment phase.
Note: A 100 percent rating for Hodgkins lymphoma shall continue beyond the cessation of any surgical therapy, radiation therapy, antineoplastic chemotherapy, or other therapeutic procedures. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any reduction in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105. If there has been no local recurrence or metastasis, rate on residuals under the appropriate diagnostic code.
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Cck Can Help Veterans Affected By The Ndaa Presumption Expansion
If you are a Vietnam-era veteran suffering from one of the newly determined presumptive conditions , the veterans disability team at Chisholm Chisholm & Kilpatrick LTD may be able to assist you. Whether you are filing an initial claim, appealing a denial of benefits, or seeking an earlier effective date, an accredited attorney from CCK may be able to guide you through the process. For more information, as well as a complimentary case review, contact us online or at 800-544-9144.
Synovial Sarcoma Dc 5329
Synovial sarcoma is a type of cancer that can come from different types of soft tissue, such as muscle or ligaments.
It is typically found in the arm, leg, or foot, and near joints such as the wrist or ankle.
It can also form in soft tissues in the lung or abdomen.
Medical research has found evidence of a positive association between Synovial sarcoma and exposure to Agent Orange.
The VA rates Synovial sarcoma under CFR 38, Part 4, VA Schedule of Ratings, Diagnostic Code 5329, Sarcoma, soft tissue .
The VA rating for Synovial sarcoma due to Agent Orange is 100 percent.
What is the VA rating for Synovial sarcoma cancer due to Agent Orange exposure?
- Synovial sarcoma , soft tissue cancer rate at 100%.
Note: A rating of 100 percent shall continue beyond the cessation of any surgery, radiation treatment, antineoplastic chemotherapy, or other therapeutic procedures. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105. If there has been no local recurrence or metastasis of Synovial sarcoma , rate on residual impairment of function.
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Va To Announce Decision On New Agent Orange Presumptive Conditions
Several years after a scientific body recommended that the Department of Veterans Affairs consider adding four conditions — bladder cancer, hypothyroidism, hypertension and Parkinson’s-like symptoms — to the list of qualifying diseases tied to Agent Orange, affected veterans may soon find out whether they are eligible for disability compensation and VA health care.
During a Senate Veterans Affairs hearing Tuesday on the VA budget, Dr. Richard Stone, the executive in charge of the Veterans Health Administration, said a decision on the three illnesses likely would come in the next 90 days.
Responding to a question from Sen. Sherrod Brown, D-Ohio, Stone said the VA is working “through this right now, and it would be my hope” to have a decision within three months. He added that the recommendation will go to VA Secretary Robert Wilkie for final approval.
“It’s took this country far too long to come to terms with Agent Orange,” Brown said.
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In March 2016, the National Academy of Medicine found evidence that two conditions, bladder cancer and hypothyroidism, are likely linked to Agent Orange exposure and that a third condition, Parkinson-like symptoms, also should be included on the list of diseases presumed to be related to contact with the herbicide.
The VA announced Thursday it will not appeal the decision by a federal judge to award benefits to the veterans, known as the Blue Water Navy.
Bladder Cancer From Camp Lejeune
Bladder cancer is one of the most common forms of cancer in America. As the name implies, this cancer affects the bladder and urinary system, especially the walls lining the bladder. Cancer of any kind is simply the uncontrolled reproduction of cells. When these cells begin to clump together, tumors begin to form, and the necessary function of the affected organ becomes impaired. Tumors can spread from one organ to the next, causing serious health problems for patients.
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Impact Of Agent Orange Exposure On Bladder Cancer
Evidence linking agent orange exposure to bladder cancer has existed for years, but it took an act of Congress at the end of 2020 to force VA to update its presumptive list.
This Act comes following the Veterans and Agent Orange: Update 2014 report that was released in March of 2016. In this report, the National Academy of Medicine released new research that, for the first time, recognized that evidence exists regarding a link between bladder cancer and Agent Orange exposure.
Specifically, the report stated there was limited or suggestive evidence of an association, which is an upgrade from its previous inadequate or insufficient association. This determination was based on evidence that higher levels of exposure to herbicide agents are associated with an approximately 2-fold increase in death from bladder cancer. The updated report also studied the connections between hypothyroidism, hypertension, and Parkinsons-like symptoms, and exposure to Agent Orange.
What Is A Presumptive Disability For Agent Orange Exposure
A presumptive disability for Agent Orange exposure is one that the VA presumes to be service-connected, even if theres no specific Nexus for service connection.
Presumptive disability for Agent Orange works like this: If you served at X location during the qualifying period and developed Y condition as a result, then X + Y = automatic service connection.
Instead of having to prove a service connected disability, you only need show with your DD 214 that you were deployed to an eligible location for Agent Orange Exposure during a specific period, andthat you developed a qualifying condition as a result.
We also recommend you write and submit a strong personal Statement in Support of a Claim.
Buddy letters, written by a first-hand witness, can be helpful to fill-in gaps in your service treatment records and military personnel records.
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Va Will Approve Claims For Vietnam War Veterans With Certain Health Issues
WASHINGTON The Department of Veterans Affairs announced Thursday it will process claims for disability benefits from thousands of Vietnam War veterans who suffer from bladder cancer, hypothyroidism or Parkinsons-like symptoms because of their exposure to Agent Orange.
Earlier this year, Congress passed a measure that added the three conditions to the VAs presumptive list, meaning the government acknowledges that veterans developed those conditions because of their exposure to chemical herbicides during the war. The VAs action Thursday implements the new law and creates a fast track to disability compensation.
During a news conference Thursday, VA Secretary Denis McDonough encouraged veterans with those conditions to file a claim. He also announced that the department would be automatically reviewing past claims for the conditions that were rejected. VA claims processors will reassess the old claims and potentially approve retroactive benefits.
This means that any Vietnam veteran suffering from one of these three conditions can now file and receive benefits for care, McDonough said. These veterans and their survivors who previously filed and were denied benefits for these conditions will have their cases automatically reviewed without the need to refile.
The department estimated that in the first year, the VA would grant benefits to 52,000 veterans and 6,000 dependents who are affected by these conditions.
How Va Rates Bladder Cancer Disability
When the VA evaluates bladder cancer, the rating is based on Diagnostic Code 7528, malignant neoplasms of the genitourinary system. Pursuant to DC 7528, a 100% rating will be assigned for bladder cancer, for a six month period following the end of any surgical, x-ray, antineoplastic chemotherapy, or other therapeutic procedures. Then, at the end of this six-month period, the VA will schedule a follow-up Compensation and Pension examination in order to determine the ongoing severity of this condition.
In other words, as long as the bladder cancer is still active, or, if the veteran is still undergoing treatment for this condition, then the 100% rating will continue. However, the VA will reduce the rating below 100% six months after treatments have ended and the cancer is no longer active. At that point, the VA will rate the bladder cancer based on the remaining residuals, if any.
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Contact The Rep For Vets
Here at the Rep for Vets, we dont like the idea of some veterans being left behind. We fight to ensure that all veterans exposed to Agent Orange during the Vietnam era are getting the benefits they earned.
Give us a call today at for a free consultation about your Agent Orange-related claim, or fill out this quick form to get started. We look forward to helping out in any way we can.
Oversight Of The Long
This is an area in which the VAO charge does not allow for specificrecommendations. This committee simply notes that its experiencesuggests that, as the mandate of the Agent Orange Act expires, concernabout service-related health problems in the Vietnam veterans continues.As adjustment to government policy about Vietnam veterans is made atthis point of transition, it seems an opportune time to allocateresources toward addressing how this issue will be handled in the futurefor all veterans. Rather than simply continuing regular periodic updateson literature related to the health of Vietnam veterans and addressing,on a case-by-case basis, health problems in other veterans that mightinvolve harmful exposures suffered while in the military, a moreeffective approach would be a standing, overarching body to review alldeployment-related issues of veteran’s health regularly and in auniform fashion.
More specifically, before committing extensive resources to amelioratingadverse health consequences in the descendants of veterans, both maleand female, it would be appropriate to conduct a very careful review ofevidence concerning whether paternal exposure to any toxicant hasdefinitively been demonstrated to result in abnormalities in even thefirst generation of offspring.
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Va Will Soon Begin Processing Claims For 3 New Agent Orange Illnesses
The Department of Veterans Affairs will soon start processing claims for three new presumptive illnesses linked to exposure to herbicides in Vietnam and elsewhere. It also plans to automatically review all previous claims and denials for the conditions, VA officials said Thursday.
According to VA Secretary Denis McDonough, the department in coming weeks will issue a policy to implement a law that added bladder cancer, hypothyroidism and Parkinsonism — or Parkinson’s-like symptoms — to the list of conditions considered linked to Agent Orange exposure.
Veterans with a listed condition have an expedited process for receiving health care and benefits from the VA.
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The National Defense Authorization Act, approved Jan. 1, added the three conditions to the list of diseases associated with exposure to Agent Orange and other defoliants used during the Vietnam War.
Veterans whose claims are approved may receive an earlier date for entitlement to benefits — a decision that could result in more compensation.
“Many of our Nation’s Veterans have waited a long time for these benefits,” said McDonough. “VA will not make them wait any longer. This is absolutely the right thing to do for Veterans and their families.”
The department plans to automatically review previously denied claims and will notify those veterans or their survivors via mail.
Requirements For Agent Orange Presumptive Diseases
When sound medical and scientific evidence shows that an illness is caused by Agent Orange exposure, we add it to our list of presumptive diseases. If youve been diagnosed with one of these illnesses, you dont need to prove that it started duringor got worse because ofyour military service.
If you have an illness thats not on our list of presumptive diseases, but you believe it was caused by Agent Orange exposure, you can still file a claim for VA disability benefits. But youll need to submit more evidence. Keep reading to learn about service requirements and supporting evidence.
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Epitheliod Sarcoma Dc 5329
Epithelioid sarcoma is a rare and slow-growing form of soft tissue cancer.
It normally begins in the soft tissue under the skin of a finger, hand, forearm, lower leg or foot, though it can start in other areas of the body.
Generally, epithelioid sarcoma starts as a small firm growth or lump thats painless.
Medical research has found evidence of a positive association between Epitheliod sarcoma and exposure to Agent Orange.
The VA rates Epitheliod sarcoma under CFR 38, Part 4, VA Schedule of Ratings, Diagnostic Code 5329, Sarcoma, soft tissue .
The VA rating for Epitheliod sarcoma due to Agent Orange is 100 percent.
What is the VA rating for Epitheliod sarcoma cancer due to Agent Orange exposure?
- Epitheliod sarcoma, soft tissue cancer rate at 100%.
Note: A rating of 100 percent shall continue beyond the cessation of any surgery, radiation treatment, antineoplastic chemotherapy, or other therapeutic procedures. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105. If there has been no local recurrence or metastasis of Epitheliod sarcoma, rate on residual impairment of function.
Cck Can Help Veterans Affected By Bladder Cancer
If you are a Vietnam-era veteran suffering from bladder cancer, the veterans disability team at Chisholm Chisholm & Kilpatrick LTD may be able to assist you. Now that bladder cancer is officially included on the list of presumptive conditions, you may want to seek assistance filing an initial claim, appealing a past denial, or seeking an earlier effective date.
The team at CCK may be able to guide you through the process. For more information, including a complimentary case review, contact us online or at 800-544-9144.
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The Truth About Agent Orange Exposure In Guam
While Agent Orange use is most commonly associated with Vietnam, tens of thousands of service members stationed in Guam may have been exposed to the toxic herbicide. Despite the VAs official position that Agent Orange was not used in Guam, or was only usedcommercially, evidence suggests that Agent Orange was used in Guam during the Vietnam War era, most notably a 2020 report conducted by the National Veterans Legal Services program and the veterans legal services clinic at Yale Law School.
The clearest evidence that Guam veterans were exposed to Agent Orange is the fact that they suffer from the same raft of cancers and illnesses that their counterparts who served elsewhere are experiencing.
One hurdle to Agent Orange exposure claims for Guam veterans has been the VAs position that Agent Orange was used commercially there , whereas in Vietnam it was used tactically . On this basis a distinction without a difference the VA has been denying Guam veterans the presumption of Agent Orange exposure and eligibility for disability benefits.
If you believe you were exposed to Agent Orange while serving in Guam between 1958 and 1980, you are entitled to disability benefits. Securing those benefits may be more difficult, but its worth fighting for. For now, Guam veterans must prove direct service-connection, by providing medical evidence and lay evidence.
Vietnam Veterans & Prostate Cancer
Veterans who served in Vietnam are now reaching their mid-60s, which is the age at which prostate cancer is usually diagnosed. This means that we are seeing an influx of prostate cancer cases.
Roughly eight nine million men in the US served during the Vietnam War with approximately 2.7 million Americans serving in Vietnam. And according to recent studies, almost 1.4 million men are predicted to develop prostate cancer in their lifetime. A 2013 study conducted at the Portland VA Medical Center and Oregon Health and Science University found that Veterans exposed to Agent Orange are not only at higher risk for prostate cancer, but they also have an increased risk for more aggressive forms of the disease.
Agent Orange, as we have discussed in previous Agent Orange blog posts, has been found to cause many serious health problems. The VA has found sufficient evidence of an association with certain conditions so they have recognized fourteen different diseases and type of cancer as being related to Agent Orange exposure. These conditions are considered presumptive diseases, meaning that the VA will grant service-connection for these conditions as long as the veteran was in Vietnam. Some other diseases on this list include non-Hodgkins lymphoma , soft tissue sarcoma, porphyria cutanea tarda, multiple myeloma, and ischemic heart disease.
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