Agent Orange Exposure and Claims, Vietnam and Korean Veterans (38 CFR 3.307 & 3.309 & 3.816)

Grand Rapids MI VA Disability BenefitsAre you a Vietnam or Korean War veteran who was exposed to Agent Orange? If so, you may be eligible for disability benefits, even if the Department of Veteran Affairs (VA) previously denied your claim. Thanks to several court decisions collectively referred to as the “Nehmer” case, veterans diagnosed with certain diseases and with qualifying service in Vietnam or the Korean demilitarized zone can now receive presumptive service-connection for those diseases as they are presumed to have been exposed to Agent Orange. Veterans, as well as their survivors, may be able to have previously denied claims reopened as Nehmer class members.

A veteran who can prove that he or she placed a “boot on the ground” during the war in Vietnam or the Korean demilitarized zone and has any disease on the list may receive service-connection for new or previously denied VA disability claims without having to prove individually that his or her affliction was actually caused by their service. This is known as a legal presumption.

Did the VA deny you benefits for an Agent Orange related condition? If so, let VA Disability Group help so you can receive the benefits you deserve. Contact VA Disability Group online or call 1-844-VETLAWS (1-844-838-5297) for a free case evaluation.

Veterans who served in Vietnam between 1962 and 1975 or near the Korean demilitarized zone between September 1, 1967 to August 31, 1971 are believed to have been exposed to Agent Orange. If they have developed a presumptive condition the VA recognizes as associated with the effects of Agent Orange, the veteran or their survivors may be eligible for service-connected disability benefits. The veteran’s DD214 typically reflects the qualifying service in Korea or Vietnam.
Currently, the VA recognizes the following presumptive diseases as being associated with Agent Orange exposure:

  • AL Amyloidosis
  • Chronic B-cell Leukemias
  • Chloracne (or similar acneform disease)
  • Diabetes Mellitus Type 2
  • Hodgkin’s Disease
  • Ischemic Heart Disease
  • Multiple Myeloma
  • Non-Hodgkin’s Lymphoma
  • Parkinson’s Disease
  • Peripheral Neuropathy, Acute and Subacute
  • Porphyria Cutanea Tarda
  • Prostate Cancer
  • Respiratory Cancers (includes lung cancer)
  • Soft Tissue Sarcomas (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma)

You May Be Entitled Substantial Retroactive Payments

Because of the favorable effective date rules, some Nehmer claimants have been awarded retroactive benefits amounting to tens, and even hundreds, of thousands of dollars. Veterans who successfully file “Nehmer” claims may be awarded significant retroactive benefits with effective dates of the award being the later of the following:

  1. The date when the VA received the claim or, a date prior to September 25, 1985; or,
  2. The date when the disability arose; or,
  3. The day after discharge of the class member if the claim was received within one year of discharge from active service

If you applied for Agent Orange compensation but were denied, VA Disability Group PLLC may be able to help you. Contact VA Disability Group online now to learn more or call 1-844-VETLAWS (1-844-838-5297).