New Presumptive Conditions for Agent Orange Under the PACT Act
The latest news on Agent Orange compensation has been long-awaited by many Vietnam Veterans. The PACT Act, which has expanded benefits and presumptive conditions for Veterans from several conflicts, has increased the number of presumptive conditions related to Agent Orange.
Agent Orange, a herbicide, contains a chemical called dioxin, which is incredibly dangerous and can lead to diseases, cancer, and birth defects. Millions of Veterans who served in Vietnam, surrounding countries such as Cambodia, Laos, Thailand, or in the U.S. territories of Guam and American Samoa were impacted by Agent Orange. The PACT Act now serves to provide them long-deserved benefits.
Here, we’ll tell you everything you need to know about the new agent orange presumptive conditions so that you can get the benefits your service entitled you to.
What Are The New Agent Orange Presumptive Conditions?
Prior to the Aug. 2, 2022 passage of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act, otherwise known simply as the PACT Act, there were nine presumptive illnesses considered to be caused by Agent Orange exposure.
To receive disability benefits from the VA, you typically have to prove that a connection exists between your service and the disease or illness. However, there are a number of conditions that the VA will automatically assume (presume) were caused by your service, provided that you served in the certain locations and during the appropriate time periods. For example, if a Veteran were stationed in Vietnam in 2010, they’d be unlikely to be eligible for these benefits.
The PACT Act has added two additional illnesses to the list of presumptive conditions: high blood pressure (also known as hypertension), and monoclonal gammopathy of undetermined significance (MGUS).
High Blood Pressure and Agent Orange
According to a 2016 study from the VA that analyzed the health of Army Chemical Corps members, high blood pressure rates are significantly higher—15%—among Veterans who sprayed Agent Orange.
The addition of high-blood pressure to the Agent Orange presumptive conditions list will provide health benefits to millions of Veterans who sprayed or were exposed to Agent Orange during their service in the Vietnam War.
Agent Orange and Monoclonal Gammopathy of Undetermined Significance
Monoclonal gammopathy of undetermined significance refers to a type of protein—monoclonal protein—that enters the blood. It’s abnormal for this protein to be in the blood, but it doesn’t always lead to health complications.
However, the VA has identified it as an Agent Orange presumptive condition. While it’s often harmless, MGUS can lead to certain forms of blood cancer; therefore, Veterans who served in locations that were exposed to Agent Orange should consult with a physician and consider filing for a disability with the VA.
New Agent Orange Presumptive Locations for Vietnam Veterans
In addition to adding high blood pressure and MGUS to the list of Agent Orange presumptive conditions, the PACT Act has also expanded the list of Agent Orange presumptive locations.
Any veteran who was stationed in these five newly-added locations during the specified time periods is assumed to have been exposed to Agent Orange toxins detrimental to their health.
New Presumptive Locations for Agent Orange
Veterans who served during the specified time period at any of the following five new locations can be considered to have presumptive conditions:
Any U.S. or Royal Thai military base in Thailand between January 9, 1962 and June 30, 1976
Laos between December 1, 1965 and September 30, 1969
Cambodia at Mimot or Krek, Kampong Cham Province between April 16, 1969 and April 30, 1969
Guam, American Samoa, or either island’s territorial waters between January 9, 1962, and July 30, 1980
Johnston Atoll, or any U.S. ship that went to Johnston Atoll between January 1, 1972, and September 30, 1977
Presumptive Locations for Radiation Exposure
Additionally, the PACT Act adds three new locations that will be considered presumptive locations for radiation exposure. Veterans who served at these locations during the specified time period are now eligible for presumptive disability benefits. The locations are:
Enewetak Atoll: For Veterans who were involved with the atoll’s cleanup between January 1, 1977 and December 31, 1980
Cleanup of the Air Force B-52 bomber carrying nuclear weapons off the coast of
Palomares, Spain: For Veterans who were involved with the cleanup of a B-52 bomber that carried nuclear weapons between January 17, 1966, through March 31, 1967
Thule Air Force Base in Greenland: For Veterans who responded to an Air Force B-52 bomber’s onboard fire as the plane carried nuclear weapons between January 21, 1968, and September 25, 1968
What To Do If You Have a Presumptive Condition
If you suffer from either of these presumptive conditions, served in any of the newly added Agent Orange locations during the specified time periods, or were involved with the radiation-exposed efforts that have been added to presumptive lists by the PACT Act, don’t wait; get online or visit your regional VA office to file a disability claim.
If you filed a claim in the past and were denied, you can now submit a Supplemental Claim, which will cause the VA to review your now-presumptive claim again. Similarly, if you recently filed a claim and it’s still pending, you won’t need to take any action. The VA should consider it as presumptive.
If your claim is denied despite your eligibility for benefits under the PACT Act, know that you have options. For an attorney with over a decade of experience navigating VA claims, contact the Law Office of Michael D.J. Eisenberg today.
Need a Military Records Correction? Contact Michael D.J. Eisenberg
The new Agent Orange presumptive conditions and location included in the PACT Act are a major step forward for millions of Veterans. It eliminates the need to prove a service connection to tragically common illnesses, which is often a long, difficult process.
Unfortunately, for some Veterans, the presumptive conditions still may not be enough to get the benefits they’re entitled to, as their service records are erroneous or incomplete. Michael D.J. Eisenberg has seen it happen before: Kenneth Haselwander, a Vietnam Veteran who was injured during an enemy attack, was denied the Purple Heart because in the chaos of the war, his injury wasn’t recorded in his official record.
However, there’s still hope. With a skilled VA-accredited lawyer like Michael D.J. Eisenberg, you may be able to have the government correct your military records. Mr. Eisenberg was able to use letters, photographic evidence, and a Daily Staff Journal, among other information to prove that Kenneth Haselwander did indeed suffer injuries from the enemy in combat and receive treatment of those injuries by military medical personnel. This allowed his records to be corrected to reflect the injury and treatment. This corrected record was the final piece Mr. Haselwander needed to receive the Purple Heart medal almost 40 years after his service.
If your records are preventing you from receiving benefits through the new Agent Orange presumptive conditions added by the PACT Act, contact the Law Office of Michael D.J. Eisenberg today to see if you have a case.
Note: Consultations for Military Records Issues and Medical/Physical Evaluation Boards are paid; however, Veterans’ Benefits Appeals Matters are free.
The information in this post is for informational purposes only and does not establish a client-attorney relationship. Speak with a legal professional if you believe you have been wrongfully denied benefits.