articles - agent orange

Retroactive Award of Benefits in Certain Agent Orange Claims

The Department of Veterans Affairs (VA) is adding a new provision to its adjudication regulations concerning certain awards of disability compensation and dependency and indemnity compensation (DIC). The new rule explains that certain awards of disability compensation or DIC made pursuant to liberalizing regulations concerning diseases presumptively associated with herbicide exposure may be made effective retroactive to the date of the claim or the date of a previously denied claim, even if such date is earlier than the effective date of the regulation establishing the presumption.

The new rule also provides that VA may pay to certain survivors of a deceased beneficiary, or to the beneficiary's estate, any amounts the beneficiary was entitled to receive under the effective date to reflect the requirements arising from court orders in the class action litigation in Nehmer v. United States Department of Veterans Affairs, No. CV-86-6160 TEH (n.D. Cal.). Efective Date: September 24, 2004