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.
I could not have asked for a better lawyer to represent my worker comp. case. Any questions I had during the process was always answered in a timely manner. Mr. Perkins really cared about insuring that I wasn't being taken advantage of during this process and helped us reach a settlement that I feel comfortable with. I would recommend this firm to my parents or children.syndel Laber
I'm so thankful and grateful for all the hard work Jason, Tina and Liz did for me. They went above and beyond to get the best outcome for me. They took the to explain everything that was going on with my case again I'm so thankful grateful and happy with the outcome of my workers comp case.Adrian Adams
First off, I must say thank you again to the office of Perkins Studdard. I appreciate all the hard work and dedication your office has shown to achieve a successful and happy outcome. You have forever changed my family’s life!
Also, I wanted to give a special shoutout to Jessica Hyatt for her excellent attitude, advice, and overall professionalism throughout every step of this process.
This journey has finally been complete after more than a decade of being denied and almost giving up. However, two of my old coworkers advised me that the office of Perkins Studdard had also successfully helped them achieve their proper rating too.
Needless to say, this has been one of my best decisions in life. I can now sleep a little better and stress free knowing I finally got what I deserved all along.
Once again, thank you for everything! And shoutout to Travis Studdard, “we did it.”
Respectfully,
Jonathon FloresJonathon Flores
My family and I are so grateful for Jason Perkins and his team. Jason explains thing's to detail and walks you through every step of your case. I would highly recommend Perkins Studdard for your legal needs. Thank you so much Jason and Tina!Chapin & Lea Anne Warner
The best I know for workers comp attorney'sDenise Williams
Jason really has helped me so much through this hard experience I have went through! And the ladies in the office was wonderful with any and everything I had questions about! I highly recommend using this lawyer office to everyone and Jason Perkins for sure!! Thank y'all for everything and making it easier to get through this long though experience!
James HammittJames Hammitt
Thank you so much ! I received excellent representation from the entire Perkins Studdard Law firm, my VA claim was resolved and granted in a timely manner, they were hands on with me during the entire process. I would definitely recommend the firm to any veteran deciding to file a VA claim.Darrell Lynn
I would like to thank the law firm of Perkins-Studdard (Travis) and his team, for performing such an outstanding job, at every possible level, during my recent situation with the VA Disability Claims . From the first time I called and spoke with Mr Studdard with an overview of my situation, until the final settlement was executed (successfully I may add), I always felt that I was in good hands with this firm. Everyone in the office, Jessica, and April were responsive, approachable, knowledgeable, good listeners, and extremely professional. Mr. Studdard was realistic of the circumstances and of the potential difficult process that would lay ahead, should I proceed. I can’t say enough about Travis, and I will always be thankful to him. Travis was committed, and he instilled a real sense of confidence during both the highs and the lows. He ultimately prevailed and the outcome was very much in my favor. Of course, each case is different on its own merits and one can never predict how things ultimately will turn out. All I know is that the settlement far exceeded my expectation. Mr. Studdard has been a blessing to me.
I strongly recommend that anyone who would find themselves in a similar legal situation with the VA to contact Law Offices of Perkins Studdard for a consultation. It was a very positive experience given the circumstances. Thank you again, I shall forever be in your debt.Concetta Hogg
Mr. Perkins, I cannot express enough how thankful I am for your exceptional representation. Your hard work, expertise, and unwavering commitment to my case have left an indelible mark. Thanks to you, I can now move forward with my life, confident that justice has been served.Esli Roque
Travis and his team have been a blessing for me and my family. They have done an amazing job in helping me navigate the VA appeals process. They kept their eye on the ball all the way through the long, difficult and confusing process. I highly recommend Travis and his team because thanks to their professionalism and know how, I got the benefits I deserve.Daniel patriot
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.
