Posts Tagged ‘Presumptive Disease’

More Naval Veterans Eligible For Agent Orange Compensation

Thursday, September 15th, 2011

Among those who are drawing veterans disability or are eligible for the benefits due to being exposed to Agent Orange, are certain Naval and Coast Guard veterans. Some Naval veterans, however, are eligible to qualify for disability compensation under 14 different conditions listed on the Department of Veterans Affairs (VA) presumptive disease list related to Agent Orange exposure.

The VA is now extending that eligibility to more ships that operated in and around Vietnam’s coastline between January 9, 1962, and May 7, 1975. The list includes those ships that:

  • operated in inland waterways;
  • docked on shore; or
  • sent crewmembers ashore.

According to VA Sec. Eric Shinseki, extending the list of ships eligible for such benefits makes it easier for veterans of the Navy and Coast Guard to get their earned benefits. The VA’s presumption is any veteran that was “in-country” during Vietnam may have been exposed to toxic herbicides, such as Agent Orange. Such veterans who then develop one of the diseases on the VA’s list do not have to show a link between their service and their illness to claim veterans benefits.

The VA has been not only adding more ships to their qualifying list, but has added more presumptive diseases as well in recent history.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veterans disability rights firm today 1-888-234-5758.

VA Ready to Pay Agent Orange Disability Claims

Thursday, August 5th, 2010

Last October the Department of Veterans Affairs (VA) added new presumptive diseases to the list of claims they will pay veterans for that are associated with exposure to Agent Orange and other defoliants. Come October, the VA will pay out what will amount to thousands of disability claims to Vietnam veterans. Over the next 10 years, the VA will compensate over 153,000 veterans and at a cost of approximately $42 billion.

The VA will soon publish its final regulation implementing the pay outs for the Agent Orange disability claims in the Federal Register. From that date, Congress is given 60 days to stop the regulation from going into effect. If Congress fails to block the regulation, the VA will start retroactively paying up to 86,000 veterans for their diseases. These 86,000 veterans are only the first wave of claimants the VA expects to compensate.

Both the Senate and the House passed the Supplemental Appropriations Act of 2010 (HR 4899). This act made provisions for the first wave of disability compensation claims to the tune of $13.4 billion. This money will be given to the VA to make the compensation payments.

Sen. Jim Webb (D.-Va.) was the Senator behind adding the 60-day Congressional review language to the bill under the auspice the VA is committing themselves to billions of dollars they should not be spending. Sen. Webb believes the VA is too eager to compensate diseases just as likely caused by aging as military service. Sen. D. Akaka (D. –HI.) is the Chairman of the Senate Veterans Affairs Committee and has a hearing set for Sept. 23, 2010 where the VA will support their decision to compensate these newly added diseases.

The VA expected 200,000 claims in the first wave. To date, only 50,000 have been filed. Because these payments are made retroactively to the date of filing, veterans are encouraged to file as soon as possible.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.