fbpx

Maximizing Your Agent Orange Benefits: Why Presumptive and Secondary Conditions Are Key

Last Updated‏‏‎ ‎‏‏‎ ‎

Written by

Agent Orange, which was once used by the military in Vietnam, has left a lasting impact on the veteran community. 

If you served during specific periods of time and in certain locations, you may have health issues recognized by the Veterans Administration (VA) that can be service-connected to this exposure.

This guide will focus on both the presumptive conditions linked to Agent Orange and secondary conditions, other issues that can arise as a result of Agent Orange exposure, that can be useful ways to both gain service-connection and secure a higher VA disability rating.

Understanding Agent Orange Presumptive Conditions

Presumptive Conditions, as defined by the VA, are those that they automatically presume they were caused by a veterans military service. 

Typically these presumed conditions are awarded VA disability benefits without having to prove (provide a nexus) that their condition was caused by a service-related incident (i.e. Agent Orange).

The VA has recognized certain cancers and other health problems as presumptive diseases that could be associated with exposure to herbicides like Agent Orange and others during their time in service. 

Veterans may be eligible for compensation, and surviving dependents, DIC benefits.

The VA’s list of Agent Orange Presumptive Conditions includes:

Who is eligible for Agent Orange benefits?

To be eligible for VA disability benefits for a presumptive condition related to Agent Orange exposure, veterans must meet certain criteria requirements. 

One of the following must be true:

  • You served in Vietnam between January 9, 1962, and May 7, 1975.
  • You were stationed near the Korean DMZ from September 1, 1967, to August 31, 1971.
  • You were aboard U.S. military vessels in Vietnam’s inland waterways or coastal areas.
  • Under the Honoring Our PACT Act, eligibility has expanded to include additional locations like Thailand and Guam during certain periods, or if you served in another location that stored or tested herbicides.

Find out if you were aboard a U.S. military vessel that was exposed to Agent Orange by using our interactive Blue Water Navy Map below. 

Click here to find out if your ship was exposed

What are Secondary Conditions to Agent Orange Related Conditions?

Secondary conditions are health issues that arise as a direct result of a primary service-connected condition–in this case, herbicide or Agent Orange related conditions. 

Veterans often underestimate what a critical role these conditions can play in their VA disability claim.

When a veteran is able to secondary-connect more conditions to a primary condition that may be underrated initially, it can help bolster the rating and bring them a much more desirable outcome. 

Basically, it can help take you from a decent 50% VA rating, for example, to a 100% VA rating, just by connecting certain conditions together.

Examples of Agent Orange-Related Secondary Diseases

  • Heart Disease Secondary to Hyperthyroidism 
  • Depression Secondary to Cancer
  • Sleep Apnea Secondary to Parkinson’s Disease
  • Kidney Failure secondary to Multiple Myeloma
  • Peripheral Neuropathy Secondary to Diabetes Mellitus Type II

This list is only a handful of examples that have been seen with veterans in previous cases, but it’s important to note that there are many potential health issues that can connect secondary to an Agent Orange presumptive condition. 

How to File for Secondary Conditions for a Higher VA Rating

While we talk about secondary service connection in greater detail in our guide, you should understand a few key steps to keep in mind when applying for secondary conditions to your disability caused by Agent Orange exposure.

Here’s a brief list:

  1. Identify the Connection: Make sure it’s clear how your primary service-connected condition has caused or worsened other health issues you are trying to claim as secondary conditions.
  2. Collect Medical and Other Evidence: Gather medical records, doctor’s statements, treatment documentation, lay statements, buddy statements and any other evidence to help bolster your claim and prove your secondary condition connection.
  3. File Your Claim: File a claim for VA disability benefits through the VA’s website or with the assistance of a VA-accredited attorney or agent. If you have previously applied for benefits and are appealing, you can consider hiring legal representation if necessary to assist with connecting your secondary conditions.

Why Do Secondary Conditions Matter So Much?

Claiming secondary conditions is not just about recognizing the broader impact of your service-connected disability. It’s also ensuring that your compensation reflects the true extent of your health issues related to Agent Orange exposure. 

It’s essential in helping to maximize your benefits and acknowledge the extent your conditions impact your day-to-day life.

It’s important to explore any considerations you may have and connect with an expert, like a Veteran Service Organization (VSO) or another legal representative, to assist you.

Did the VA Deny Your Disability Claim?

Let our team review your case today!

Get a Free Case Evaluation

Additional Benefits and Considerations for Agent Orange Exposure

Remember, when considering benefits for your Agent Orange claims, it’s important to consider other options of compensation that may be available to you and your dependents. 

A few considerations to keep in mind:

Cassandra Crosby, an Accredited Agent and claims advocate for Matthew Hill & Shelly Mark’s teams, reviewed the information provided in this post.

Written by

More Articles

News and advice about the VA, disability ratings and benefits.

Testimonials

Supporting Veterans Nationwide

  • Thank you to the firm of Hill & Ponton!! Brian Hill and his staff were able to get my 100% disability with the VA for my exposure to herbicides in Thailand. I have been fighting for this for many years and kept getting denied, after consulting with Hill & Ponton I decided to let them help me and it was the best decision I could have made. I found their professionalism to be outstanding.

    – Chip P.

    North Carolina

  • They got my disability rating after I was denied twice. They knew exactly how to format and submit the claim. I was rated 50%, Hill & Ponton weren’t done, they found other medical that related to exposure and submitted additional claims. I could not have received a disability rating without Hill & Ponton. If you need help, choose Hill & Ponton.

    – Thomas D.

    Illinois

  • The service provided by Hill and Ponton was exemplary. The lawyers and staff took care of every aspect with respect and understanding of the clients needs. In my case, as a new widow, they patiently walked me through each step. They kept me informed of the progress. I cannot say enough about the service they provided. Thank you Brian and staff.

    – Judith K Zitzewitz

    Florida

  • As a Vet you may have filed a disability claim, and if you want to win your claim you need to call Hill and Ponton. I didn’t know what to do about my condition or status until I made the call. At H&P they not only took my case, but made me feel like family. They changed my life and they will change your life too. It’s true! In my opinion you can’t do better and you won’t regret it!

    – Paul K

     Indiana

ABOUT US

About Hill & Ponton

Learn about the VA disability law firm, champions for veterans since 1986.