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.

Rita BarnesRita Barnes
00:03 20 Jan 22
This is a great group of people who really care about your well being. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! For doing an awesome job.
Cortex ButlerCortex Butler
18:09 29 Dec 21
I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didn’t call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesn’t stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case That’s Taking Care Of Business
annetteMomma nokesannetteMomma nokes
14:29 12 Sep 16
Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. injury case. I tried going it alone and the insurance carrier pushed me around. They denied extra physical therapy. They denied injections the doctor recommended to ease my pain. When I turned my case over to Jason things turned around, QUICK. They were at all times attentive and on top of my case. I cannot recommend Jason and his staff enough. If you are hurt at work, this is the firm you want on YOUR side.
Sheila KirklinSheila Kirklin
23:11 12 May 16
Jason Perkins, was my lawyer in a workers comp. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of..
Anna PabonAnna Pabon
23:16 13 Sep 15
I recommend Perkins Law Firm. Everyone I came in contact with there was very nice. Kim was very helpful and any time I had a question she made sure I got an answer. Ann Margaret really took the time to explain things to me.

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