Can you sue the military for Agent Orange?

Many Vietnam War veterans suffer from devastating illnesses caused by their exposure to Agent Orange and we are gratified that the U.S. Supreme Court has recognized the right of these veterans to sue for the injuries they received when serving our country.”
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What is the average compensation for Agent Orange?

Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged about $3,800 each.
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Can you get compensation for Agent Orange exposure?

Other illnesses caused by Agent Orange exposure

If you have a cancer or illness that's not on our list of presumptive conditions, but you believe it was caused by Agent Orange exposure, you can still file a claim for VA disability benefits.
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Who is eligible for Agent Orange compensation?

In order for a Veteran who served in Vietnam to qualify for disability compensation benefits for a presumption based on exposure to Agent Orange, he or she should have: A qualifying medical diagnosis, and. Proof of service in Vietnam.
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How do I file for Agent Orange compensation?

There are three ways to apply for VA disability benefits based on Agent Orange exposure:
  1. Online, using the VA.gov website.
  2. Over the phone, with the help of a VA representative or agent.
  3. In person at a regional VA office.
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Agent Orange (The Vietnam War)



Does the VA pay back pay for Agent Orange?

VA has been awarding benefits to Vietnam veterans for any conditions related to Agent Orange for decades. When Congress passed new legislation that expanded coverage to the veterans who served on offshore ships, VA did not award retroactive benefits beyond the passage of that law.
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How far back will the VA pay back pay?

The VA typically only pays disability compensation going back to the date of discharge to veterans who apply for their VA disability benefits within one year of being discharged. All of this underscores the need to submit your VA disability benefits claim as soon as possible.
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Is it too late to file Agent Orange claim?

The effects of Agent Orange can take years to appear. Even if many decades passed between your exposure in military service and medical diagnosis of an associated condition, it is not too late to file a claim.
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Is Agent Orange a 100 disability?

With a proper diagnosis of respiratory cancer in a veteran with Agent Orange exposure, the VA will provide a 100% disability rating as long as the cancer is active and during treatment. This means that the veteran will receive the highest compensation that fits their eligibility bracket.
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How much money do Vietnam veterans get?

For veterans who received VA's disability payments in addition to their other income, the average annual payment was $18,100. Those disability payments made their income higher than other veterans' income, on average.
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What is the Agent Orange settlement for 2022?

Today, veterans who receive financial assistance as a result of Agent Orange connected medical issues generally get their compensation in the form of disability benefits. Single veterans are eligible for up to $39,984 per year as of 2022, while married veterans or those with dependents are eligible for $42,214 or more.
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What are the 14 conditions related to Agent Orange?

Veterans' Diseases Associated with Agent Orange
  • AL Amyloidosis. A rare disease caused when an abnormal protein, amyloid, enters tissues or organs.
  • Bladder Cancer. ...
  • Chronic B-cell Leukemias. ...
  • Chloracne (or similar acneform disease) ...
  • Diabetes Mellitus Type 2. ...
  • Hypertension.
  • Hodgkin's Disease. ...
  • Hypothyroidism.
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How long does it take for Agent Orange to show up?

Elevated blood TCDD levels, probably related to Agent Orange exposure, can be detected between two and three decades after potential exposure in some American veterans. Original levels were estimated to be 35-1,500-fold greater that that of the general population (4 ppt, lipid) at the time of exposure.
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How does the VA determine Agent Orange disability?

There are no diagnostic tests that can determine if you were exposed to Agent Orange, so the VA relies on your service records. If you can show that you served during a timeframe and/or location where Agent Orange was used, your condition will be automatically presumed to be the result of your military service.
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How much is 80% compensation from the VA?

Veterans that obtain an 80 percent VA Disability rating receive $1,933.15 a month from the Veterans Administration. Eligible disabled veterans may also be able to receive extra monthly compensation for dependent children and parents.
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How do you test for Agent Orange?

As of 2018, there is no medical test for Agent Orange exposure.
...
In addition to your history of herbicide exposure, the exam includes:
  1. Your health history (including any major illnesses or surgeries you may have had)
  2. A physical exam.
  3. Medical tests that may be needed (like blood tests, X-rays, or other imaging tests)
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What is the most a disabled veteran can get?

The highest percentage that can be given for service-connected compensation purposes is a 100 percent VA disability rating, or total disability rating. This rating is only available to veterans with extremely debilitating service-connected ailments that make them unable to work and mostly unable to care for themselves.
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What is the highest disability for VA?

A 100% VA Disability Rating is the highest combined rating a veteran can receive for VA Disability. It is also known as a Total Rating.
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How long does Agent Orange last?

Agent Orange was sprayed at up to 20 times the concentration the manufacturers recommended for killing plants. It defoliated millions of acres of forests and farmland. Large tracts of that land remain degraded and unproductive to this day. The chemical dioxin in Agent Orange can remain toxic in the soil for decades.
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How long after active duty can you file a VA claim?

If you have less than 90 days left on active duty, you can't file your claim through the BDD program. But you can still file before you're discharged, and your claim will be processed after separation as a fully developed or standard claim.
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Can I file a VA claim after 30 years?

Fortunately, the VA accepts disability claims for conditions that develop decades after a Veteran's military service. This means there is no time constraint on when you can file a disability claim.
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Why does the VA keep denying my claim?

The VA requires significant evidence to grant disability benefits. This includes an official diagnosis, extensive medical records, and any other information and documentation relevant to your claim. If you or your doctor do not provide enough evidence to support your claim, you will likely be denied.
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What is the VA 10 year rule?

VA's 10-year rule states that the U.S. Department of Veterans Affairs cannot terminate service connection for a disability that has been in place for at least 10 years unless there was evidence of fraud at the time of the grant.
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What percentage does the VA give for PTSD?

VA disability ratings range from 0% to 100%, but for PTSD claims, the standard ratings are 0%, 30%, 50%, 70%, and 100%. These ratings are meant to capture the severity of your condition, and how much it affects your ability to work and take care of everyday life stuff.
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What is the easiest disability to claim for VA?

The Top 5 Easiest Things to Claim for VA Disability
  • Mental Health Conditions. Mental health conditions like PTSD, anxiety, depression, and somatic disorder are considered high-value claims. ...
  • Scars. ...
  • Musculoskeletal Conditions. ...
  • Presumptive Disorders. ...
  • Tinnitus.
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