Agent Orange has inflicted devastating harm not only on veterans who were directly exposed but also on their descendants, including second- and third-generation family members. Despite overwhelming evidence, many Vietnam and Korea veterans believe that the VA drags out the disability claims process—hoping some veterans might pass away before their claims are resolved. At Sorsby Law, we are committed to ensuring this does not happen. We take every possible measure to secure the Agent Orange disability benefits you deserve.

What is Agent Orange?

Agent Orange is a tactical herbicide that was extensively used by the U.S. military during the Vietnam War to eliminate dense vegetation that could conceal enemy forces. Its primary defoliating chemical, dioxin, made it highly effective but also extremely hazardous. The use of Agent Orange has been linked to a myriad of health problems, including various forms of cancer, leading to its ban in 1971 due to its severe health risks. Many Vietnam veterans have since developed significant health complications after being exposed to Agent Orange. Recognizing these issues, the VA provides disability compensation to veterans who have been exposed to Agent Orange, ensuring they receive the support and benefits they deserve for their service.

VA Disability Benefits for Veterans Exposed to Agent Orange

A Legacy of Exposure

We believe no veteran should be left behind, regardless of where they live. Much like the approach of leading veterans’ law firms across the country, Sorsby Law offers legal representation in all 50 states. Whether you’re filing your first claim or pursuing an appeal, we can help you wherever you are.

Agent Orange Act of 1991

In 1991, Congress enacted the Agent Orange Act, requiring the VA to commission the Institute of Medicine (IOM) to study the health effects of herbicides and dioxin. This legislation paved the way for better understanding of Agent Orange–related diseases and for recognizing the need to provide veterans with disability benefits tied to herbicide exposure.

Qualifying for Benefits Under Normal Rules

Ordinarily, to receive VA disability compensation benefits, a veteran must prove three elements:

1. A current disability,
2. An in-service injury or illness, and
3. A link (nexus) between the in-service injury or illness and the current disability. and

How Presumptive Rules Help

Under presumptive rules for Agent Orange and other herbicide agents, the VA may automatically presume an in-service injury (i.e., exposure) or a link between certain conditions and that exposure. This shift in burden of proof makes it easier for many veterans to qualify for benefits. Still, numerous claims fall outside these rules, requiring direct evidence of exposure and medical causation.

Common VA Errors in Agent Orange Claims

Even with presumptive rules, the VA often makes mistakes that leave veterans undercompensated or entirely denied:

1. Denying Non-List Conditions: The VA might deny claims solely because a condition isn’t on the presumptive list—ignoring medical evidence or expert nexus statements that demonstrate a direct service connection.
2. Underestimating Severity: Many diseases related to Agent Orange, such as certain cancers or ischemic heart disease, worsen over time. If your disability rating is outdated, you may be receiving far less monthly compensation than you deserve.
3. Incorrect Effective Dates: For Agent Orange claims, effective dates can be backdated under the Nehmer rule or other provisions. But the VA frequently assigns the wrong date, reducing the back pay veterans are owed.
4. Ignoring Alternative Theories: When a condition isn’t on the Agent Orange presumptive list, the VA sometimes neglects to consider a direct theory of service connection, dismissing credible medical opinions that suggest a link.

Who Is Eligible for Presumptive Agent Orange–Related VA Benefits?

The VA typically grants a presumption of exposure for veterans who served:

• In Vietnam between January 9, 1962, and May 7, 1975 (includes brief visits ashore or service aboard ships operating on inland waterways or offshore).
• In or near the Korean DMZ between April 1, 1968, and August 31, 1971.
• In the Air Force or Air Force Reserve (1969–1986) and regularly worked on C-123 aircraft that sprayed herbicides.
• On or near Thai Air Base perimeters during the Vietnam Era (current policy, subject to change).

What if you don’t meet those criteria?

If you served elsewhere but can prove you were exposed to herbicides—for instance, at testing or storage sites—you could still secure benefits through direct service connection. Buddy statements, military records, or expert medical testimony can all help establish your exposure.

Diseases Eligible for Presumptive VA Disability Compensation

Sufficient Evidence of Association

Based on legislation, VA regulations, and IOM findings, the VA presumes that the following illnesses are Agent Orange–related:

• AL Amyloidosis: A rare disease that occurs when an abnormal protein builds up in organs and tissues.
• Bladder Cancer: A type of cancer that affects the bladder and can cause symptoms such as blood in the urine and pain during urination.
• Hodgkin’s Disease: A type of lymphoma, which is a cancer of the lymphatic system.
• Hypothyroidism: A condition where the thyroid gland does not produce enough hormones, leading to fatigue, weight gain, and other symptoms.
• Multiple Myeloma: A cancer of plasma cells in the bone marrow.
• Non-Hodgkin’s Lymphoma: A diverse group of blood cancers that include any kind of lymphoma except Hodgkin’s lymphomas.
• Parkinson’s disease (and Parkinson-like symptoms): A progressive nervous system disorder that affects movement.
• Prostate Cancer: A common cancer in men that affects the prostate gland.
• Respiratory cancers (lung, larynx, trachea, bronchus): Including cancers of the lung, larynx, trachea, and bronchus.
• Soft tissue sarcomas (excluding certain specific sarcomas): A group of cancers that begin in the tissues that connect, support, and surround other body structures.
• Type 2 Diabetes Mellitus: A chronic condition that affects the way the body processes blood sugar (glucose).

If you have one of these diagnoses and meet the military service requirements, you generally do not need further proof of service connection.

Not on the List? You Still Have Options

Health issues like hypertension, various cancers not listed above, or neurological disorders may also be related to herbicide exposure. If your medical records show it’s “at least as likely as not” that your condition was caused or worsened by Agent Orange, you can still win benefits. VA must consider all credible evidence, even for conditions not on the official list.

How Much Compensation Can You Receive?

The amount of monthly, tax-free compensation depends on your VA disability rating, which measures how severely your condition impacts your employability. For instance, Type 2 diabetes ratings vary depending on whether you require insulin, have restricted activity, or are hospitalized for complications.

• 0% Rating: Entitles you to VA healthcare for that condition but no monthly compensation.
• 10% to 90% Rating: Corresponding monthly compensation based on your overall disability level.
• 100% Rating: For veterans whose disabilities (alone or in combination) render them unable to work or severely limit daily activities. If you have at least one condition rated at 40% or more and a total combined rating of 70% or higher, you might qualify for TDIU (Total Disability based on Individual Unemployability), which pays at the 100% rate.

Checking Your Effective Date: Why It Matters

In many Agent Orange claims, an earlier effective date can mean thousands (or even tens of thousands) of dollars in retroactive benefits. Under the Nehmer rule:

• Veterans previously denied claims before Agent Orange presumptions were established may receive back pay to the date of the original claim—if that claim is later granted under a new or updated presumption.
• If you filed a claim within one year of separation from service, the effective date could be the day after discharge.

Because these rules are complex, errors are common. If you suspect the VA assigned an incorrect effective date, Sorsby Law can help you appeal for the full back pay you deserve.

Filing or Appealing an Agent Orange Claim

Collect Key Evidence

• VA Form 21-526EZ: Essential for disability compensation applications.
• VA Form 21-4138: Allows for buddy statements or nexus letters from experts and witnesses who can confirm your exposure and symptoms.
• Medical and Service Records: Includes your C&P exam outcomes, private medical opinions, or evidence from a specialist familiar with Agent Orange–related illnesses.

Nexus Letters

When your condition is not on the VA’s presumptive list, a nexus letter from a qualified medical professional stating that your illness is “at least as likely as not” related to Agent Orange can be pivotal. The VA often defers to its own examiners, but a well-prepared private medical opinion that reviews all relevant records can be highly persuasive.

Survivor Benefits for Dependents

VA Dependency and Indemnity Compensation (DIC) is a benefit available to eligible children, parents, and spouses of deceased veterans who passed away from service-connected disabilities, while serving, or who held a Total Disability rating at some point. For surviving spouses, the VA sets specific criteria to claim DIC compensation. To be eligible, the surviving spouse must have been married to the veteran at the time of their death, and the veteran must have died from a service-connected disability. Additionally, surviving spouses may qualify for other benefits such as education and training benefits, home loan guarantees, and healthcare benefits. These provisions ensure that the families of veterans who made the ultimate sacrifice receive the support they need.

Priority Consideration for Agent Orange Claims

Certain circumstances or statuses can qualify a veteran for expedited review of their Agent Orange disability compensation claims. The VA recognizes the urgency in cases where veterans are:

• Seriously ill or have a terminal illness
• In need of immediate medical attention
• Unable to work due to their disability
• A prisoner of war
• A Medal of Honor recipient
• A Purple Heart recipient
• Homeless or at risk of becoming homeless
• Experiencing financial hardship
• Facing a life-threatening condition

These accommodations are made to ensure that veterans who are in dire need receive timely assistance. Additionally, there are non-health-related reasons that may also prompt the VA to prioritize a veteran’s disability benefits claim, reflecting the VA’s commitment to addressing the needs of veterans exposed to Agent Orange.

Agent Orange Settlement Fund Results

In the past, the U.S. military established a settlement fund to compensate veterans suffering from health conditions due to Agent Orange exposure. This program distributed approximately $197 million in cash payments to eligible veterans, with the average payout being around $3,800. However, the settlement fund stopped accepting applications in 1994. For modern-day veterans, not qualifying for this fund is not a significant issue. Instead, veterans are encouraged to apply for standard VA disability compensation to receive Agent Orange benefits through the regular process. This approach ensures that veterans exposed to Agent Orange receive the comprehensive support and benefits they are entitled to for their service.

How Sorsby Law Can Help with Your Agent Orange Exposure Disability Claim

VA disability claims related to Agent Orange are both technical and time-sensitive. Mistakes in ratings, effective dates, or the denial of presumptive or direct service connection can delay the benefits you badly need. Additionally, the VA provides comprehensive health care benefits, including medical, dental, and mental health care, to support the well-being of dependents affected by Agent Orange-related health issues.

At Sorsby Law, we:

1. Examine Your Case File: We look for every piece of evidence—service records, medical opinions, buddy statements—to build the strongest case possible.
2. Streamline Appeals: Whether you’re challenging a denial, a low rating, or an incorrect effective date, we handle each step of the VA appeals process, up to and including the U.S. Court of Appeals for Veterans Claims (CAVC) if necessary.
3. Provide Resources: If you need specialized medical experts, we leverage our network to secure the opinions necessary to substantiate complex claims.
4. Charge No Fee Unless We Win: You pay nothing out of pocket. Our fees come only from any back pay the VA awards you.

Denied Agent Orange Benefits? Take Action Today

If the VA says your condition isn’t on the list, argues you lack “boots on the ground,” or grants too low a rating, don’t give up. You have the right to appeal. With Sorsby Law on your side, you’ll gain representation from attorneys who understand both the legal and medical complexities of Agent Orange exposure.

Contact Sorsby Law today for a free, no-risk consultation. We’ll discuss your service history, medical evidence, and potential next steps—doing everything in our power to secure the disability benefits you deserve. Let us stand beside you in the fight for just compensation for your service. You can call us at (518) 456-4529 nationwide.

I come from a family of Veterans. Both my grandparents served in WW-II. My father volunteered to serve 3 tours in Vietnam as a Green Beret in the Army. My mother served 5 years in the Army as a nurse during Vietnam and I was born on a US army base in Heidelberg Germany.

When I represent a Veteran I know personally what it's like to be in the chaos that ensues when the Hospital or Rehab facility is uncertain about how long the VA will pay for medical care and what role Medicare will play and whether medicaid will cover long term care.

If you retain my firm to help you with your Veterans Benefits it's important to me that you know that representing Veterans is something more personal than just representing a client. Read more >