Recently we discussed Vietnam Veterans being able to get Disability Compensation for their exposure to Agent Orange http://joneselderlaw.com/vietnam-veterans-may-be-able-to-do-better-than-service-pension-benefits/. Economically the Disability Compensation benefit will often provide greater financial assistance without any of the income and asset limitations associated with Service Pension. The key to making a disability claim for Agent Orange being actual service in Vietnam. The so called “boots on the ground” type of service. Being present in Vietnam, even if only one day, establishes your exposure to Agent Orange. If you were in the Republic of Vietnam, the Veterans Administration agrees you were exposed to Agent Orange. At that point your disability claim switches to demonstrating one of the enumerated diseases along with what level of disability are you suffering.
Outside of Vietnam the Burden is on You to Prove Exposure
For Vietnam Veterans serving in country, the advantage of being able to assume exposure to Agent Orange is enormous. For Vietnam era Veterans that did not serve in country, Agent Orange’s use was not, unfortunately, limited to just Vietnam. They have the same health issues without the clear path to obtaining the financial assistance they deserve. At Jones Elder Law we have worked with Veterans that were exposed to Agent Orange in a myriad of different locations and different fashions. As long as they can demonstrate their exposure to Agent Orange, they can still make out a disability compensation claim. For those directly involved in handling chemicals, spraying defoliants or even loading bombs, demonstrating their exposure may not be too difficult.
Those with the illness but no proof fall through the cracks
For those that were just in the country while such activities were going on, demonstrating exposure is a more difficult burden. This latter group of Veterans lacks the first-hand knowledge about exposure. While their knowledge is significantly less about the exposure, they still suffered the exposure just the same. They may not have had direct contact with Agent Orange but were exposed by their proximity to where it was being used, stored or disposed. Those Veterans must prove not only that they have an Agent Orange related illness, but that they were exposed to Agent Orange in connection with their military service https://www.military.com/daily-news/2020/05/11/report-claims-vietnam-era-veterans-were-exposed-agent-orange-guam.html. This standard proves difficult, if not impossible, to meet. For many their path to disability compensation may be foreclosed due to their inability to gather the evidence. For those serving in Guam, the evidence may just have been developed for them.
Guam May be Another Source of Agent Orange Exposure
In early May 2020, two veterans advocacy groups published a white paper indicating Veterans who served in Guam from 1962 through 1975 were likely exposed to Agent Orange or some other dioxin containing herbicides https://www.nvlsp.org/images/uploads/2020.05.08_-_NVLSP-VLSC_White_Paper.pdf. The report noted that Guam was the site of a major buildup of air power during the war. At its peak, three quarters of all B-52 bomber operations in Southeast Asia were being flown out of Guam https://www.nvlsp.org/images/uploads/2020.05.08_-_NVLSP-VLSC_White_Paper.pdf. Lack of rainfall and water shortages to fight fires on Guam, likely mean the use herbicides in the management of vegetation would have been far greater in Guam than elsewhere in the region. The report also sites numerous affidavits regarding the use and disposal of Agent Orange on Guam. It also points to soil testing that demonstrates results consistent with use and disposal of Agent Orange. Ultimately, the fifteen (15) page report concludes that for Veterans present in Guam between 1962 and 1975 it is more likely than not that they were exposed to Agent Orange or other herbicide containing dioxin https://www.nvlsp.org/images/uploads/2020.05.08_-_NVLSP-VLSC_White_Paper.pdf. Not just those handling the B-52 bombs or spraying the defoliants, but anyone simply stationed on Guam was likely exposed according to the report.
Congressional Action on Agent Orange Exposure in Guam
Congressman Michael San Nicolas believes this new report “bolsters the case for legislation introduced in 2019 https://www.postguam.com/news/local/report-vietnam-war-veterans-on-guam-likely-exposed-to-agent-orange/article_c57cde70-94ca-11ea-8ec1-4f6c398cb788.html.” H.R. 1713 entitled the Central Pacific Relief Act was introduced into the 116th Congress on March 13, 2019 https://www.congress.gov/bill/116th-congress/house-bill/1713/committees. That bill seeks to expand the benefits for about 52,000 military personnel who may have been exposed to toxic herbicides such as Agent Orange while serving on Guam, American Samoa and Johnston Atoll from 1962 to 1980 https://www.postguam.com/news/local/report-vietnam-war-veterans-on-guam-likely-exposed-to-agent-orange/article_c57cde70-94ca-11ea-8ec1-4f6c398cb788.html.” So far, the only thing that has happened with the bill is it was referred to the House Veterans’ Affairs Committee. The hope is this report may breathe new life into that legislative action and ease the burden being placed on those who served their country and now deserve its help.
Need Help or Maybe You Just Need Answers?
If you or your family are struggling with any Veterans Administration or Missouri Medicaid questions, make an appointment with the experienced St. Peters Elder Law Attorneys at Jones Elder Law. Be sure to get all the benefits that your service to this country earned you! At Jones Elder Law all of our attorneys are accredited with the Veterans Administration to make sure that happens for our clients. If we can help guide you, contact our St. Charles Elder Law Firm at (636) 812-2575and ask to schedule a call or virtual consultation, what we call a Vision Meeting http://joneselderlaw.com/vision-meeting/. For your safety and ours we have developed the Minimal Contact Planning process to be used while the Covid-19 virus remains a concern.
