Agent Orange and C-123s

Many Vietnam veterans know that the VA presumes that they were exposed to Agent Orange and that certain health conditions are presumed to be related to their exposure.  However, veterans who actually served “boots on the ground” in Vietnam were not the only service members who were exposed to the herbicide.  Unfortunately, most other service members who were exposed do not enjoy the benefit of the presumption of exposure.  As a result, they must prove that they were actually exposed to Agent Orange.

C-123 planes were used to spray Agent Orange during the Vietnam war.  After Vietnam, these planes continued to be flown for many years.  Many of the servicemen and women who flew on the C-123s after Vietnam are developing medical conditions that the VA has recognized as related to Agent Orange exposure.  An article in National Journal discusses the VA’s position on this issue.  It states that the VA has asserted that the Agent Orange that post Vietnam C-123 service members were exposed to would not have caused adverse effects.

It took the VA many years to recognize that Agent Orange had adverse effects on service members that served in Vietnam.  When the VA initially made the decision to presume that all veterans who served in Vietnam were exposed to Agent Orange, it had a limited list of medical conditions that were presumed to have been caused by Agent Orange.  Since that time, the list of medical conditions presumed to have caused by Agent Orange has expanded.  It is certainly possible that the VA will create similar presumptions in favor of service members who flew on C-123s that had been used to spray Agent Orange in Vietnam.  Until that time, those service members can still argue that they were exposed to Agent Orange and that their exposure caused their health conditions.  It will just be more difficult for them to prove that without the benefit of a presumption.

Update – VA Adopts C-123 Regulation

The Institute of Medicine released a report indicating that the servicemen and women who served on C-123s after Vietnam may have been exposed to dangerous levels of Agent Orange.  In June 2015, VA adopted a regulation that extends the Agent Orange presumptions to crew members on C-123s.

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.

You can subscribe to his Veterans Disability channel on YouTube.

Thank you Jason and Tina for everything you've done. Much appreciated. Great law firm! Great results!! Thank you!!! (Austin and Valerie)Valerie Mellinger
Travis and the team working on my VA claim are awesome. I’m happy with their integrity and diligence on working on my claim.Chris “Greybeard” Mullennix
I can't express enough how great it was to work with Perkins Studdard. They are extremely knowledgeable, professional and keep you aware of everything happening with your case. Very friendly from the front office to Mr. Perkins. I would HIGHLY recommend Perkins Studdard!James Strickland
I recommend Travis for an Veteran that has been dealing with constant denial with claims. He also , cover cost for my nexus letter when I ran into financial troubles , that helped me win my case.edwin Cook
I highly recommend Travis Studdard to represent anyone looking to help with VA claims. The VA is very difficult to deal with when attempting to get benefits from service connected injuries, at least that's my experience. Travis and his team knows the VA system and the legal procedures to help you get what you deserve. Travis was kind and passionate with me throughout this process and therefore, I highly recommend this law firm to represent DAV's.Terry Hembree
Such an awesome team. They spoke to me like a person and helped me through every decision with knowledge.Kevin Collett
Highly recommend this firm. Did exactly what they said they were going to and fairly timely. The VA is sometimes extremely difficult to navigate but this took all the leg work away from me and got me the result I thought was fair.Andrew Boone
Amazing staff, very informed along with excellent communication. Within just a few weeks of work, Mr Studdard was able to make things happen that normally take years! Highly recommendJacob Sylvester
Perkins Studdard LLC is the place you need to be if you have a Workers Comp case going on! Mr. Jason Perkins and his staff get the results that you need. They work with you and fight for you.Coming from another lawyer my husband and I were really surprised and appreciated the communication and honesty and understanding throughout the entire process. My husband loves the videos because they held so much information and helped him understand what what was going on. Thank you so much for representing us!!!Deborah Tompkins
I highly recommend Jason Perkins and the Team at Perkins and Studdard. Jason did a wonderful job on my case and actually got me better results than what I was hoping for. He was always so patient with me and made sure I was understanding every process in my case. He never seemed to mind me asking questions and always gave me straightforward answers. My phone calls to him or his staff were promptly answered or returned and everyone was always so helpful, personable, and respectful. He kept me updated on all the details of my case and sent helpful videos for me to review that were very informative.Dru Vaughn

Related Posts

Contrast:

Font Size: