Veterans Exposed to Agent Orange May Be Owed Benefits

Tucker Disability Law | September 24, 2024

If you’re a Vietnam Veteran who was exposed to Agent Orange, there’s a good chance you could be missing out on benefits the VA never told you about. A recent report from the VA’s own Office of Inspector General shows that up to 87,000 Vietnam Veterans—or their surviving family members—may be eligible for retroactive disability compensation due to exposure to Agent Orange.

Retroactive disability compensation means you can receive back pay for benefits you should have been getting in the past but didn’t. If you qualify, the VA will pay you money for the time between when you became eligible for benefits and when you actually started receiving them. It’s like getting the benefits you missed out on

But here’s the problem: the VA never sent you a letter letting you know. That means thousands of Vietnam Veterans may be leaving serious money on the table—$844 million in total. 

If you’ve been struggling with health issues linked to Agent Orange, or you were denied benefits in the past, you might qualify for compensation now. This could mean monthly payments that help cover medical costs and provide financial support for you and your loved ones.

The Hidden Costs of Agent Orange Exposure

As you may already know, Agent Orange was a toxic herbicide used during the Vietnam War. Veterans who were exposed to it have developed a range of serious health conditions, from cancers and respiratory illnesses to other long-term diseases. These health problems are what the VA calls “presumptive conditions,” which means the VA presumes your condition was caused by Agent Orange exposure during your service in Vietnam. You don’t need to prove a direct link—the VA is supposed to assume it.

But many Vietnam Veterans weren’t told they could get benefits for these conditions, and the VA has been criticized for not doing enough to reach out. Even if you applied for benefits years ago and were denied, things have changed. The law has expanded, and you might now be eligible for compensation under updated regulations.

New Laws Expand Benefits for Veterans Exposed to Agent Orange

In recent years, legislation like the PACT Act has been passed to expand benefits for Veterans exposed to toxic chemicals, including Agent Orange. This is great news for Vietnam Veterans, but the VA hasn’t done a good job of notifying all the people who should be covered. 

If you or a family member has been diagnosed with a condition the VA recognizes as being linked to Agent Orange—such as bladder cancer, lung cancer, or prostate cancer—you may be owed monthly payments to help cover medical expenses and more.

On average, Veterans with these presumptive conditions could receive about $372 per month in benefits, and that can add up fast. This could be life-changing money, but too many Vietnam Veterans haven’t heard about these changes in the law or haven’t been given clear instructions on how to apply.

Why Didn’t the VA Tell You?

You’re probably wondering why the VA never reached out. It turns out the VA has a fragmented system when it comes to handling Veterans’ health records. Your medical records might be in one part of the VA’s system, but not in the part that handles benefits claims. This has caused tens of thousands of Veterans like you to fall through the cracks. The VA has admitted this problem, but they’ve been slow to fix it.

The VA’s Inspector General called them out for failing to notify up to 87,000 Vietnam Veterans who should be getting retroactive benefits. Despite being urged to send letters to Veterans, the VA has dragged its feet. This leaves Veterans like you in the dark about the benefits you’ve earned through your service.

Budget Woes May Delay Payments

Adding to the challenge, the VA is facing a record budget shortfall. This could impact payments to Veterans as early as next month. The passage of the PACT Act has increased the number of Veterans eligible for benefits, which has stretched the VA’s budget even thinner. While the financial crisis could delay some payments, it doesn’t mean you should wait to apply.

The VA’s budget issues shouldn’t stop you from getting the compensation you deserve. If you qualify for Agent Orange benefits, it’s important to file a claim as soon as possible to secure your place in line.

What Can You Do Now?

If you served in Vietnam and were exposed to Agent Orange, it’s critical to take action now. The VA has dropped the ball on notifying thousands of Veterans about their benefits, and the process can be confusing—especially when you’re dealing with health issues. That’s where Tucker Disability Law can help. Our team is here to help you figure out if you’re eligible and guide you through the process of filing a claim.

Even if you applied in the past and were denied, you could still qualify for retroactive benefits under the new laws. And if you’re a surviving family member of a Vietnam Veteran who passed away from a condition linked to Agent Orange, you might also be entitled to compensation.

Don’t let the VA’s mistakes keep you from getting the benefits you’ve earned. 

Tucker Disability Law’s expert team of VA disability attorneys specialize in winning Agent Orange exposure cases at the Regional Office level, getting results in a fraction of the time it takes those other law firms. That means you get your money faster.

Use the blue contact section NOW to call us, live chat with us, or message us using our confidential contact form.

 

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