Vietnam veterans were exposed to Agent Orange and other herbicides during their military service. As a result of this exposure, many veterans developed serious medical conditions including certain types of cancer, heart disease, and diabetes.
VA has developed special rules for determining whether Vietnam veterans have to prove their exposure to Agent Orange or are presumed to be exposed. These rules primarily depend on whether the veteran served “boots on the ground”, in inland waterways, or on a ship.
What is the Agent Orange ship list?
Generally, veterans who served “boots on the ground” in Vietnam receive two presumptions. First, they receive a presumption that they were exposed to Agent Orange during their military service. Since they are presumed to have been exposed to Agent Orange, they also receive a second presumption that certain medical conditions they develop were caused by Agent Orange exposure.
This presumption of Agent Orange exposure can be extremely helpful in proving to VA that certain medical conditions are service-connected. Veterans who benefit from this presumption do not have to produce the medical evidence to prove that Agent Orange exposure caused these presumptive conditions.
But, what about Vietnam veterans who served primarily on ships? Do those Vietnam veterans benefit from the Agent Orange presumptions?
The Agent Orange ship list addresses this issue. VA created this list to identify veterans who served on ships that were in the inland waterways of Vietnam or where the veterans may have come ashore. The list is divided into several different types of ships:
Ships operating primarily or exclusively on Vietnam’s inland waterways
Ships operating temporarily on Vietnam’s inland waterways
Ships that docked to shore or pier in Vietnam
Ships operating on Vietnam’s close coastal waters for extended periods with evidence that crew members went ashore
Ships operating on Vietnam’s close coastal waters for extended periods with evidence that smaller craft from the ship regularly delivered supplies or troops ashore
If a veteran’s ship is on the list, the veteran is potentially eligible for the Agent Orange exposure presumption. Some of the five categories on the list require the veteran to provide additional evidence to qualify for the presumption. For example, a veteran in categories 3, 4 or 5 may need to provide a lay statement that the veteran actually went ashore.
How can I get a copy of the ship list?
Our office will be happy to provide you with a copy of the Agent Orange ship list upon request. Just call our office at (770) 214-8885 or complete and submit the consultation request form and put in the notes for that form that you would like a copy of the Agent Orange ship list.
What if I have already been denied for a condition that was presumptively caused by Agent Orange?
VA updates the Agent Orange ship list as new information comes in about ships. If VA gets sufficient evidence to show that a ship qualifies for one of these five categories, then it should add that ship to the list.
Just because you were denied Agent Orange benefits when you applied in the past does not mean that you will always be denied if you reapply and reopen your claim. If your ship has been added to the list since you were last denied, you should be able to qualify for benefits by reopening your claim for VA disability compensation. You would just need to show that you have a medical condition that is presumed to be caused by Agent Orange.
What if VA awards me Agent Orange benefits but does not award them back to the date I originally applied?
VA may award you disability benefits but not take you back to the original date you filed for benefits. This can happen with Agent Orange claims because VA denied you originally but then awarded benefits after your ship was added to the list.
The important question is what effective date VA will use for your claim. Normally, the effective date is based on when you file your claim. When you reopen a claim later by filing another application for benefits, your effective date is often the date that you reopened the claim.
But, VA has special rules for Agent Orange claims. These special rules may make it possible for you to get an earlier effective date that goes back prior to the date you reopened your claim. If VA does not take you back to the date that you originally filed for Agent Orange benefits, then you need to consider appealing that decision to get the correct effective date and receive the benefits you should.
What if I want help appealing my VA claim?
If VA incorrectly denies your Agent orange claim or gives you the wrong effective date, you should appeal their denial. It is often helpful to have a veterans disability attorney review VA’s denial to see what can be done.
We provide free consultations to veterans and their families to help them make sure they receive the benefits they should from VA. This article I wrote discusses more about how our free consultation process works. If you decide to hire us, you only pay us if we are successful in recovering benefits for you.
If you would like to schedule a free consultation, it only takes a couple of minutes to get that process started. You can either call our office at (770) 214-8885 or complete and submit our free consultation request form.
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.
We would highly recommend Perkins Studdard to everyone, they are very professional, personable and efficient. They have stood by our side during out VA disability case until we got our claim rewarded at 100%, more than we ever dreamed of. Travis is very experienced attorney and has an awesome demeanor with getting your case settled. Jessica his assistant is the smartest, sweetest asset to the firm. She's highly experienced in VA benefits, being a veteran herself. They always took our calls, questions and got us the answers we needed. Again, highly recommend the law firm of Perkins Studdard!!Janene Schoonover
Mr Perkins has helped me on two workers comp cases. Twenty years apart. Jason and his staff have taken care of everything I needed. They are very professional and I would highly recommend them.Chris Chapman
I highly recommend Perkins Studdard law office to any one looking for a Worker's Compensation attorney. The knowledge and professionalism that the entire staff gives to you is amazing. Jason is down to earth and makes your experience feel so much better, he takes alot of the worry off of your shoulders. Definitely would hire this firm again if needed!!Lori Clark
I had an outstanding experience with Perkins Studdard LLC for my workers’ compensation case. Jason Perkins and his team were incredibly knowledgeable, responsive, and compassionate throughout the entire process. They took the time to explain every step, answered all my questions promptly, and ensured I understood my rights. Their dedication led to a successful outcome, and I felt supported the entire way through. I highly recommend Perkins Studdard LLC to anyone in need of a skilled and caring workers’ compensation attorney.Breezie I B
Travis Studdard is an outstanding attorney. I had given up on my VA claim over ten years go. Travis revived my claim and was able to get me secondary service connection for sleep apnea (secondary to residuals of septoplasty). I am thrilled at the results. Travis was able to expertly navigate the VA system to reach a positive result. I very, very highly recommend Perkins Studdard.Ilya Poluektov
My name is Vernita Smith, I endured a I jury on my job in 2019, I got a little discourage not knowing what to do regarding this matter. One day I researched online for myself. I researched Workman's Comp Lawyers in Atlanta, there were several pulled up, but for some reason I chose Perkins StuddardLLC. I can truly say Mr. Jason and his entire staff has been there and guided me every step of the way. It was a blessing 🙏 for me to have found 🙏 this Company. Mr.Jason and his staff members was always caring, kind, helpful, pleasant everytime I spoke with them. I would highly recommend this company to my family ❤️ and anyone who needs ❤️ assistance. So I thank you so much to Mr. Jason and his entire staff. May God continue 🙏 to bless you 🙏 to be able to serve 🙏 many people all over the world.🙏 💞🙏🥰🙏💞
💞Best regards💞
Vernita SmithVernita Smith
My deepest thanks to Travis Studdard, Jessica Hyatt and their team at Perkins Studdard! My odyssey with the VA began after my Marine Corps career ended and has gone on well over a decade. I initially worked on my claim myself but after 6 years, yes 6 years, of fighting with the VA, I was finally at the end of what I thought was a hopeless battle. Then I came across Perkins Studdard LLC while on Facebook and decided, what did I have to lose, so I gave them a call and had a conversation with Travis. He was very helpful, honest, and frank in his advise to me and thankfully he decided to take my case. He took a completely different strategy than the one I had been employing and with his expertise, once my case and multiple appeals had finally been settled, I received everything he promised and everything I deserved. The only thing I would have changed...I would have hired Perkins Studdard when I first intended to file a claim with the VA, rather than try to do it myself.
Thank you and Semper Fi
Rich LarsenRichard Larsen
Throughout Mr. Perkins's engagement as legal counsel, from initial contact to case resolution, the firm consistently demonstrated professionalism, responsiveness, and efficiency. His instructional materials were easily comprehensible, and both he and his staff provided clear and concise explanations at every stage. His representation was highly effective. I wholeheartedly recommend his services; he is both diligent and fair.Carol
My experience with this firm was great. My VA claim was handled in a professional way resulting in a very positive result. They handled all of the paperwork and kept me informed of anything that I needed to do or know about. I highly recommend Perkin Studdard to handle your VA claim. Msgt USMC retiredFrank Desselle
Went with Perkins Studdard for assistance with my VA claim and received the result I was looking for! The team is extremely professional and provides great communication. I highly recommend!Desirae
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
