Contact Us The VA is providing assistance, benefits and care for Veterans who have health implications as a result of Agent Orange exposure. Packed away in Lubbock, are 1,100 boxes worth of documents that never reached the The VA has said that approximately 62,000 veterans or survivors may be eligible for the expanded benefit. This is because Agent Orange exposure is presumed by the VA if a Veteran shows that they are diagnosed with one of the diseases or disabilities that Agent Orange causes. The legal part includes the depositions and Charles P Pierce is the author of four books, most recently Idiot America, and has been a working journalist since 1976. Because disability benefits were only given to Veterans who had children with spina bifida, many Veterans were left out, even if their children had birth defects. This includes Dow Chemical Co. v. Stephenson, 539 U. S. 111 (2003), by Daniel Raymond Stephenson who sued Dow in New Jersey courts after developing multiple Myeloma in 1998. Steve Maxner, director of the Vietnam Center & Sam Johnson Vietnam Archives (VNCA); Amy Mondt, associate director, and Andrew Hinton, head of collection development, applied for a National Endowment for the Humanities (NEH) grant in 2020. There also are lessons to be learned from an archival standpoint. This type of cancer develops in the adrenal glands located above the kidneys. There was nothing about that war that was honest. not only the field of military history, but also legal, medical, political, and environmental Vietnam could better clean their soil and environment.. Our assumption is that these attorneys figured they would try to do some good, Maxner However, the availability and eligibility of these benefits can vary depending on individual circumstances. it is just a matter of time before it affects us. All rights reserved. yet assertive representation for our clients. Veterans must know that they can get benefits for being exposed to Agent Orange and suffering from its effects. of Agent Orange are passing the poison onto their children and grandchildren. The Agent Orange Victims & Widows Support Network, Inc. Presumptive Conditions VA Disability Articles, They really care about you and your needs, Have a condition recognized by the VA to be an Agent Orange presumptive condition, Served in specific areas and times established by the VA. Furthermore, At first, the government only recognized one condition related to Agent Orange exposure chloracne, a skin condition. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. said. VRY, France Almost six decades after the U.S. military began dropping a toxic herbicide known as Agent Orange in the Vietnam War, a French courtroom in a Parisian suburb has become the. Check VA's Guide to Agent Orange Claims to learn more about how to establish eligibility to disability compensation and how much VA pays. to their new home Texas Tech's VNCA. That is not the case with Agent Orange exposure. Agent Orange was a chemical herbicide that the U.S. military used to clear out trees and other plants while combating Vietnamese forces. However, in 1961, a deadly herbicide was developed by the Monsanto Corp earlier than the official start of the war. Not sure what your veteran health care benefits are? These included chemist Bruno Tesch, who invented the stuff, and who was executed in 1946. All claims that were previously denied will be automatically reviewed to determine whether affected veterans are now eligible to receive compensation benefits as a result of their exposure to the herbicide. Youll need to file a claim on behalf of your child and submit this evidence: You can file a claim in one of these ways: File your spina bifida claim by mail using an Application for Benefits for Certain Children with Disabilities Born of Vietnam and Certain Korea Service Veterans (VA Form 21-0304).Get VA Form 21-0304 to download. we represent clients nationwide. and enhance the long term study and preservation of all aspects of America's diplomatic Sometimes it goes overlooked, and Veterans that deserve benefits do not get them. Many children were born with birth defects. The suit alleged . We hope that Feel free to call us at (866) 232-5777 anytime. As a result of this dioxin contaminant, many veterans who were exposed to Agent Orange have developed serious health conditions. The Department of Veterans Affairs will reexamine compensation claims from veterans exposed to Agent Orange while serving in the waters off Vietnam during the Vietnam War. Veterans can apply in person at their local office or online: https://www.ebenefits.va.gov/ebenefits/homepage. In many respects, the environmental awareness we have today, stems from disease and many other illnesses. This triggered DeVictor to conduct a series of interviews privately with other sick veterans, as she also researched into the correlation between veteran health problems and their alleged exposure to herbicides. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Agent Orange: The Basics VA Benefits By Swords to Plowshares March 10, 2020 Download the PDF In Vietnam, dense foliage gave cover to the enemy, putting American lives at risk. During that time, it became apparent that exposure to the herbicide was not only dangerous to service members but also to their children. It's not the defoliant itself that's poisonous, it's the I subsequently lost one of my best friends in sportswriting to a fast-moving cancer that was traced to his having worked with AO at an American airbase during the war). Your child may be eligible fordisability benefits if they have a covered birth defect that caused a permanent physical or mental disability (a disability that doesnt go away) and they meet both of these requirements. If a child has a severe birth defect and the family needs caregiving the VA may provide support to the caregiver. Copyright 2023 Military.com. The momentum for excellence at Texas Tech has never been greater. Originally, these veterans were denied benefits, while those who served on inland and coastal waters, along with those serving on land in Vietnam and some other nations, were eligible for benefits. Disability compensation can include monthly payments, as well as educational assistance and vocational training throughout their life. Shortly after returning home, many Vietnam veterans experienced ill health. The chief of Irans nuclear program, Mohammad Eslami, acknowledged the findings of the IAEA report. If you are intending toappeal a denied claim, you can contact us for an evaluation and we can help you with this process. Appeals to the Board of Veterans Appeals, Appeal to the Court of Appeals for Veterans Claims, Increase Veterans Affairs Disability Rating, Total Disability Based on Individual Unemployability (TDIU), VA Mental Health: Legal Help for Veterans, Veterans Affairs Compensation for Sleep Apnea, VA Rating for Traumatic Brain Injury (TBI), Camp Lejeune Water Contamination Symptoms, 2023 Veterans Affairs Disability Rate Increase, Youll understand the effects of chemical exposure and contaminants on Veterans, Youll know how herbicide exposure affects children of Vietnam Veterans, Youll learn about the benefits for Veterans who were exposed to and affected by Agent Orange, Spina Bifida, a malformation of the spinal cord, The Veteran must prove a current disability, A medical nexus between the in-service stressor and current diagnosis, Vietnam between January 9, 1962, and May 7, 1975, Korean Demilitarized Zone between April 1, 1968, and August 31, 1971, Or the Air Force, between 1969 and 1986 and regularly maintained and operated a C-123 aircraft, In a place where the military stored or tested herbicides, In Department of Defense projects where herbicides were tested. Though it happened decades ago, Veterans are still facing the consequences of the militarys involvement in Vietnam and seeking health care for ongoing issues. What we have so far are pieces of the puzzle, but these litigation papers are the The childs biological mother served in Vietnam any time from January 9, 1962, through May 7, 1975, The child was conceived after the mother first entered the Republic of Vietnam during the time period listed above, Job training (called Veteran Readiness and Employment, or VR&E). Like many other chemicals, exposure to Agent Orange can be dangerous. Is my child eligible for benefits from the VA? Quality students need top-notch faculty. way we can have that is through governmental and corporate transparency. Veterans or surviving family members of veterans can join the network to give and receive support. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. Surviving spouses agent orange widows, dependent children and dependent parents of veterans who were exposed to Agent Orange or other herbicides during service and died as the result of the diseases related to exposure may be eligible for . This field is for validation purposes and should be left unchanged. A document showing the biological relationship between the child and the Veteran parent. have ideas of how they will organize their findings. Its intent was to remove foliage and vegetation but its effects on human troops were unprecedented and . Every product was carefully curated by an Esquire editor. If you need any additional information about your possible disability benefits, please visit the VAs site: https://www.benefits.va.gov/compensation/claims-postservice-agent_orange.asp. or deleting files off hard drives before they retire them. There are many future possibilities depending on what we find in these files, Mondt They also witnessed an unusually high incidence of their children born with hydrocephaly, anencephaly, spina bifida, neural tube defects, club foot, cleft palate, missing extremities, fused digits, heart defects, blindness and many other conditions. These children may be at an increased risk of birth defects such as cleft lip and palate, spina bifida, and other neural tube defects. Agent Orange, the defoliant in which the United States soaked Southeast Asia during our decades of making war there, is what scientists call a "persistent agent," and persistent agents tend. From this public crisis came the creation of the VAs Agent Orange Policy Group, though headed by a former Monsanto researcher. There are three ways to prove a service connection: Many veterans will likely prove their ailments were caused by exposure to Agent Orange through Direct Service Connection or Presumptive Service Connection. The landmark case, filed in 2014, has pitched Tran To Nga, a 79-year-old who says she was a victim of Agent Orange, against 14 firms, including U.S. multinational companies Dow Chemical and . who reviewed the grant. Our firm was founded in 1986 in Orlando, Florida. For purposes of this Act, the term "Agent Orange" includes any chemical compound which became part, either by design or through impurities, of an herbicide agent used in support of the United States and allied military operations in the Republic of Vietnam. Reutershans claim was first denied by the VA, and after failing to sue the U.S. government, he filed a personal $10-million injury lawsuit in a New York State Court against three chemical companies: Dow Chemical, Monsanto and Diamond Shamrock Corporation. of being one of the nation's premier research institutions. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 In the 1980s, several U.S. Vietnam veterans sued the U.S. chemical companies that Janesville, WI 53547-4444, Bring your application to a VA regional office near you.Find a VA regional office near you, You can work with a trained professional called an accredited representative to get help filing a claim for disability compensation.Get help filing your claim. Common birth defects include Spina bifida, Cleft lip, Congenital heart defects, limb defects such as missing or malformed fingers or toes, neural tube defects that cause problems to the brain or spinal cord, hernias, down syndrome, and other chromosomal disorders. Maxner, who teaches military history at Texas Tech, explains what these papers could The Dixion is stored in the fatty cells and can be passed to the mother and unborn fetus through the sperm. Texas Tech is large enough to provide the best in facilities and academics but prides Children with birth defects connected to exposure to Agent Orange can receive health care benefits such as treatment for the birth defect and related medical conditions throughout their life. height:50px; The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. To this day, many questions remain, with few answers, concerning one of the war's Vietnamese soldiers better locate their enemies during the Vietnam War. by releasing these documents to the American people, we can put to bed the conspiracies This article will answer those questions and describe the benefits that Vietnam War Veterans are entitled to from the U.S. Department of Veterans Affairs (VA). Despite any anecdotal or academic evidence you may have read, the VA currently does not provide benefits for the grandchildren or great-grandchildren of Vietnam veterans. Nehmer v. U.S. Department of Veterans Affairs Agent Orange Lawsuit. these major blunders of the past.. Thanks to three Texas Tech University researchers, we may be closer to answering one of the war's most lingering questions: Did the creators of Agent Orange know how poisonous it really was before using it . We advocate for the disabled. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 out of court. Learn more about us, Veterans Disability Claim To view this webinar CLICK HERE. Female soldiers often served as nurses and other medical personnel in field hospitals, where they were likely exposed to Agent Orange. Additionally, scientists confirm that once dioxin is introduced to the body, it becomes part of the genetic makeup. Paul Sutton, former Chairman, VVA, Chicago Tribune, 2009. document.getElementById('copyright').appendChild(document.createTextNode(new Date().getFullYear())) PTSD Lawyers | Berry Law Firm. What is Agent Orange? of a lack of transparency from corporate America, Maxner said. courtroom during the famous 1980s class action case against the creators of Agent Orange. As a Vietnam veteran who frequently attends reunions, it is sad when we read the The VA, now implicated, plunged into damage-control mode. If you continue to use this site we will assume that you are happy with it. I highly recommend them! Non-functional In non-functional tumors, the glands do not produce excessive hormones making it harder to catch symptoms. Agent Orange not only affected Veterans directly exposed to it, but it also affected generations of offspring after them. The child was diagnosed with a form of spina bifida other than spina bifida occulta, and. U.S. Navy file photo. By Fred Wilcox. veterans and Vietnamese alike. are elements of this war that have been covered up, we must discover the truth., tags: Academics, Military, Research, Stories, Vice President for Research, Vietnam, provost. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. It contained toxic chemicals that cause serious health problems like cancer, birth defects, and neuro disorders. The site is secure. Subscribe to Military.com. The technical storage or access that is used exclusively for anonymous statistical purposes. Veterans or surviving family members of veterans can join the network to give and receive support. Spina Bifida is caused by a neural tube defect and there are tree types of Spina Bifida. We need to seek understanding, and the only However, they only gave compensation to children who suffered from spina bifida or some of the children of female Vietnam Veterans. This communication with the firm or any member of the firm does not establish an attorney-client relationship. In 2018, the Carnegie Classification of Institutions of Higher Education This means victims We use cookies to ensure that we give you the best experience on our website. The Woods and Woods legal team will fight just as hard for a veterans dependents or survivors. created in 1989 have already hosted millions of visitors over the years, providing 18 (2) Between 1968 and 1971, a total of 6,500 19 spraying missions were carried out in an area of 20 about 1,500,000 hectares, which represented about 21 10 percent of South Vietnam. The Agent Orange Settlement Fund was created by the resolution of the Agent Orange Product Liability Litigation - a class action lawsuit brought by Vietnam Veterans and their families regarding injuries allegedly incurred as a result of the exposure of Vietnam Veterans to chemical herbicides used during the Vietnam war. VA keeps moving the goalposts regarding how and when it will concede exposure to Agent Orange for veterans who. 203, San Jose, CA 95134 most controversial war and increase accountability going forward. The child was diagnosed with a form of spina bifida other than spina bifida occulta, The child was conceived after the parent first entered the Republic of Vietnam, Thailand, or the DMZ during the qualifying time periods listed above. Can You Prove Those Colonists Weren't Witches? Birth Defects children born to veterans who were exposed to Agent Orange are at a higher risk of developing birth defects such as a cleft palate and spine bifida. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Also covered by this presumption are veterans who were in or near the Korean demilitarized zone from April 1, 1968 to August 31, 1971. The Vietnam War is shrouded in mystery and misunderstanding. Zumwalt passed away in 2000, but spent his later years advocating for veterans exposed Yet, the VA has not made a broad connection between birth defects and Agent Orange exposure. Cleft Lip/Palate can be corrected via surgery, speech therapy, and specialized dental care. In the 1990s, the government acknowledged that more conditionssome of which are debilitatingare related to its exposure. The question remains, however. In addition to academic fields, the release of these records could have This means that many people, both Veterans and civilians, were exposed to Agent Orange. The VA is known to have a complicated process for their claims process and even more for making an appeal. Stephenson v. Dow Chemical Co. was transferred to Judge Weinstein in the U.S. District Court of the Eastern District of New York. pool of educators who excel in teaching, research and service. We know we were all exposed to Agent Orange, to varying degrees, and we feel that come from those in the future.. motherload we've been missing, Maxner said. In the Norwalk Hospital in Connecticut, Reutershan famously told his mother, Muriel Reutershan, just before he died in December 1978: I got killed in Vietnam and didnt know it. After his death, Paul Reutershans family, and members of his organization, Agent Orange Victims International (AOVI), continued the fight. If you need any additional information about your possible disability benefits, please visit the VAs site: https://www.benefits.va.gov/compensation/claims-postservice-agent_orange.asp. Initially, the Agent Orange Settlement Fund was a result of a class action lawsuit brought against the manufacturers of the chemical agents used in the Vietnam War by the Veterans of the war and their families. released in court? The mission of the Archive of Modern American Warfare is to encourage, promote, support though, the papers will demand accountability for decisions made during America's Print the form, fill it out, and send it to this address: Department of Veterans Affairs This collection will offer new and unique contributions to A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, Webinar: Agent Orange and Thailand Veterans, Common Birth Defects Caused by Agent Orange. The effects of Agent Orange exposure can be life-long and severe, impacting not only the affected child but also their families. Even though it's fifty years later, because these documents were preserved, we will Some of the major health problems caused by Agent Orange include: Cancer studies have found that Agent Orange can cause cancer in some such as lymphoma, leukemia, and prostate cancer. Contributions also allow them to continue shedding light on the long-term effects of Agent Orange so that those affected get the compensation they deserve. His own son, This material may not be published, broadcast, rewritten or redistributed. Agent Orange was a chemical herbicide that the U.S. military used to clear out trees and other plants while combating Vietnamese forces. He lives near Boston and has three children. mean on a historical level. Please call for an appointment before visiting: Mail Processing Center: P.O. Though there are difficulties in securing benefits for children with birth defects, Veterans should still seek to talk to an experienced attorney so that they can make a claim through the VA. Veterans who suffer from symptoms related to Agent Orange should seek benefits and compensation from the VA. Making a claim through the VA for Agent Orange exposure and its symptoms is a bit different from other claims. When this happens, a Veteran has three different options for an appeal. plan for how we want to arrange and describe the collection. 17 Agent Orange. For a child to receive benefits from Veteran Affairs due to their Spina Bifida, they must meet the following requirements: The childs biological mother or father served in the Republic of Vietnam or in Thailand for any length of time between January 9, 1962, and May 7, 1975, or. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Vietnam Veterans are eligible for VA benefits for diseases that are caused by Agent Orange. Since the Agent Orange Product Liability Litigation lawsuit, and the closing of the Settlement Fund, other lawsuits have also been filed against the chemical companies. We invite you to contact us and welcome your calls, letters and electronic mail. Additionally, scientists confirm that once dioxin . I'm extremely grateful I had them to represent me. documents from the trial. If you are a Veteran who served in Vietnam, suffered from any of these diseases listed above, and were exposed to Agent Orange, you may be entitled to benefits and compensation. 22 (3) Studies show that between 2,100,000 and 23 4,800,000 Vietnamese and tens of thousands of 24 Americans were exposed to Agent Orange during the The case, known as the Agent Orange Product Liability Litigation, grew as lawyers across the country added their clients to the suit. Home Improvements and Structural Alterations. This fund and lawsuit did not involve the VA or the government in any way. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 For example, veterans in the Blue Water Navy who were denied 3 years ago may now eligible. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. Dow successfully argued for filing the case as a federal court case, not a state case. Woods and Woods, LLC, Veterans Disability Lawyer, Veterans Disability Benefits Attorneys Helping Veterans Nationwide, Published on November 2, 2020 by Neil Woods Last Updated on February 1, 2023. These ramifications are names of those who have died in the last year from complications of Agent Orange, Washington, DC: The National Academies Press. The child was conceived after the parent first entered the Republic of Vietnam, Thailand, or the DMZ during the qualifying time periods listed above. National Academies of Sciences, Engineering, and Medicine. The treatments aim to destroy cancer cells and allow the body to produce healthy blood cells. According to the VA's "American Wars Fact Sheet", the Vietnam War was official from 1964-1975. The worst of the victims, of course, were the non-combatantsan estimated four million just in the decade we dropped the stuff on Vietnam, Laos, and Cambodiawho are still paying the price in cancers and birth defects, and who likely will continue to do so for the foreseeable future. they will begin the three-year process of discovering what truths these boxes hold. Research and enrollment numbers are at record levels, which cement Texas Tech's commitment This is a highly unusual collection, and one that is noteworthy, said an NEH panelist The childs biological mother or father served in the Republic of Vietnam or in Thailand for any length of time between January 9, 1962, and May 7, 1975, The childs biological mother or father served in a unit in or near the DMZ for any length of time between September 1, 1967, and August 31, 1971. Throughout the whole course of the war, over 12 million gallons were used. Many people are still unaware of the effects of Agent Orange. I first encountered AO when I was covering Vietnam veterans issues in the late 1970s. But suing the U.S. military by itself is a lost cause, and the plaintiffs here are alleging that Monsanto and other manufacturers misled the military as to AO's toxicity. However, some studies show that Veterans children are about 13% more likely to have birth defects if their parent was exposed to Agent Orange than those who were not exposed to it. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Call us at 855-855-8992 or complete our free veterans benefits case evaluation form. Founded in 1989, the Texas Tech Vietnam Center and Archive houses the largest collection Federal government websites often end in .gov or .mil. Agent Orange exposure is presumed if a Veteran was in Vietnam from January 9, 1962 until May 7, 1975. Quality students need top-notch faculty. To understand what happened in Vietnam, we need that All seven companies, having been granted immunity as military contractors, agreed to the settlement, under the condition that no admission of liability had to be made. (2) Add the veteran's child here. Veterans who were exposed to Agent Orange may be eligible for a wide variety of VA benefits. who have been negatively affected, Maxner said. I died in Vietnam, but I didnt even know it, said a young Vietnam vet on the Today Show one morning in 1978, shocking viewers across the country. by JeffP | Apr 1, 2004 | Books, Chemical Workers, Dioxin, U.S. By Jack Doyle. Agent Orange contained a mixture of two kinds of herbicide agents (i.e., 2,4-D and 2,4,5-T). The first Agent Orange-related lawsuit was filed by 28-year old Paul Reutershan, who believed that his chloracne and abdominal cancer was related to Agent Orange after watching the Kurtis documentary. It is assumed that the loss of his son motivated the public service from which many and military experiences and involvements on a global scale, beginning in 1975 and In 2018, the Carnegie Classification of Institutions of Higher Education Click the link below to learn more. Agent Orange is a herbicide used by the US government in the 1960s, 1970s, and during the Vietnam War. If a Veterans claim is denied, they should know that they can appeal any decision the VA makes. and Agent Orange an extremely rare accomplishment for someone with no medical training. Claims Intake Center Jan 4, 2022. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. It wasnt until March 1989 that the first checks were mailed out to veterans as defined in the class by Judge Weinstein, which included veterans who served in Vietnam from the U.S., as well as Australia and New Zealand. The spinal cord is exposed leaving it vulnerable to damage and causing serious health problems, including paralysis, bladder and bowel problems, and hydrocephalus. Archives will become the world's leading hub for research on Agent Orange. Direct Exposure to Agent Orange Subic Bay Philippines The VA has admitted that exposure to Agent Orange can be very harmful to ones health, and the exposure can lead to, Agent Orange Exposure and C-123 Aircraft U.S. Department of Veterans Affairs has confirmed that eligible Vietnam War veterans are presumed to have experienced Agent Orange herbicide exposure between January 9,, This webinar has already aired.