articles - agent orange

VA BEGINS REVIEW OF 140,000 PAST CLAIMS FOR AGENT ORANGE-RELATED DISEASES; NVLSP AVAILABLE TO ADVISE AFFECTED CLAIMANTS

On November 1, 2010, the VA began reviewing approximately 140,000 past claims for benefits regarding three diseases recently associated with Agent Orange exposure – ischemic heart disease, Parkinson’s disease, and chronic B cell leukemias (such as hairy cell leukemia). The VA published the final rule adding these diseases to its Agent Orange presumptive list on August 31, 2010. After the final rule was published, a 60-day review period commenced during which Congress could have overturned the VA’s decision to add the diseases. Congress allowed the VA’s decision to stand.

Now veterans who suffer from any of these diseases are entitled to service-connected disability compensation from the VA as long as they stepped foot on the land or served on the inland waterways of Vietnam during active duty at any time between January 9, 1962 and May 7, 1975. Other veterans who suffer from one of these diseases are entitled to these benefits if they can show they were exposed to Agent Orange during active duty.  

To qualify, it will not matter when the disease first appeared. For example, a Vietnam veteran who is first diagnosed with ischemic heart disease 40 years after discharge from service is entitled to VA disability compensation benefits.

Qualifying surviving family members of Vietnam veterans who have died, or who die in the future, from one of the three diseases are also entitled to service-connected death benefits known as Dependency and Indemnity Compensation (DIC).  Service-connected burial benefits are also available.

Ischemic heart disease includes, but is not limited to, acute, subacute, and old myocardial infarction; atherosclerotic cardiovascular disease, including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable and Prinzmetal’s angina.

Chronic B-cell leukemias include: B-cell chronic lymphocytic leukemia/small lymphocytic lymphoma; acute lymphoblastic leukemia, mature B-cell type; B-cell prolymphocytic leukemia; precursor B lymphoblastic leukemia; hairy cell leukemia; diffuse large B-cell lymphoma; follicular lymphoma; mucosa-associated lymphatic tissue lymphoma (MALT); small cell lymphocytic lymphoma; mantle cell lymphoma (MCL); Burkitt lymphoma; mediastinal large B-cell lymphoma; Waldenström macroglobulinemia; nodal marginal zone B-cell lymphoma (NMZL); splenic marginal zone lymphoma (SMZL); extranodal marginal zone B-cell lymphoma; intravascular large B-cell lymphoma; primary effusion lymphoma; and lymphomatoid granulomatosis.

NVLSP’s Advice On What To Do Now

If you are a Vietnam veteran who suffers from one of these diseases, or a qualifying surviving family member of a Vietnam veteran who died from one of these diseases, we advise you to take the action described below.  We have divided our advice into two categories: 1) claimants who filed prior to August 31, 2010; and 2) claimants who have not yet filed a claim (new claimants).

Claimants Who Filed Prior To August 31, 2010

Vietnam veterans or survivors of Vietnam veterans who filed their first claim for VA benefits related to any of the three diseases prior to August 31, 2010 are subject to special favorable rules regarding the effective date for their benefits. The special rules apply to claims that were pending, filed, or denied any time between September 25, 1985 and August 31, 2010.

As a result of the court order NVLSP obtained in its Agent Orange class action, Nehmer v. U.S. Department of Veterans Affairs, the VA is required to pay you, if your claim is successful, benefits retroactive to the date the VA first received your claim. Many Vietnam veterans and survivors of Vietnam veterans will be entitled to tens of thousands of dollars, if not hundreds of thousands of dollars, of retroactive VA benefits.

Therefore, if you are a Vietnam veteran who suffers (or a survivor of a Vietnam veteran who died) from one of the three diseases and you filed a VA disability or death compensation claim for the disease prior to August 31, 2010, we advise you to take the following steps:

(1) Immediately file with the VA another claim for service-connected disability compensation (or DIC) for the disease. This will help protect you from the possibility that the VA interprets your previous claim as being for a disease other than one of the three new diseases.

(2) Email us at agentorange@nvlsp.org and provide us with the following information so that we can ensure the VA reviews your case and awards you the proper amount of retroactive benefits:

·   your full name;

·   if you are a surviving family member, the full name of the deceased veteran;

·   your VA claims file number;

·   your address;

·   your phone number;

·   the approximate month and year in which you first filed a disability or DIC claim for ischemic heart disease, Parkinson’s disease, or a chronic B cell leukemia;

·   which of the three diseases was the subject of the claim;

·   the veterans service organization, if any, that holds your VA power of attorney; and

·   whether or not you have received a recent decision from the VA regarding your claim.

Why Does NVLSP Requests An Email If You Previously Filed A Disability Or DIC Claim For One Of The Three Diseases?

NVLSP requests this email to help us protect your right to the proper amount of retroactive benefits if the VA grants your claim. As a result of the court order NVLSP obtained in its Agent Orange class action, Nehmer v. U.S. Department of Veterans Affairs, the VA is required to go through its records and identify all Vietnam veterans and survivors of Vietnam veterans who filed a claim in the past for benefits related to any of the three diseases. Then, the VA must re-decide each of these prior claims under its new rules. If the claim is granted, the VA will generally be required to pay you benefits retroactive to the date the VA received your first disability or DIC claim for the disease. As the lawyers representing Vietnam veterans and their survivors in the Nehmer lawsuit, we want to ensure that you are paid all of the retroactive VA benefits to which you are entitled under the court order.

NVLSP wants to make sure that the VA identifies your case as one it needs to review under the court order. NVLSP will compare the list of cases identified by the VA with the emails we receive to ensure that the VA reviews the case of every Vietnam veteran or survivor it is required by law to review. When the VA makes a decision in your case, NVLSP will closely review that decision to ensure the VA pays you the proper amount of retroactive benefits.

New Claimants

If you are a Vietnam veteran who suffers (or a survivor of a Vietnam veteran who died) from one of the three diseases and you never previously filed a VA disability or death compensation claim for the disease, we advise you to immediately file with the VA a claim for service-connected disability compensation (or DIC) for the disease.

If you had one of the diseases (or the veteran died) on or before August 31, 2010 and you file a claim by August 31, 2011, you will be entitled to benefits retroactive to August 31, 2010. If you had one of the diseases (or the veteran died) on or before August 31, 2010 and you file a claim after August 31, 2011, you will be entitled to benefits effective one year prior to the date of your claim. If you first began suffering from one of the diseases (or the veteran died) after August 31, 2010, benefits will only be paid from the date you file your claim with the VA. 

Additional Information On The VA’s Readjudication of Claims

The VA recently updated its training guide that details its procedures for deciding or re-deciding claims related to the newly recognized diseases that were filed, pending, or denied between September 25, 1985 and August 31, 2010. It provides valuable information for veterans and advocates regarding such claims. You can view the February 2011 update to the Nehmer Training Guide here.