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.
Jessica, Travis, and his team are nothing short of angels. I was not making progress, so I spent 6 months researching law firms. I'm beyond grateful that they took the time to help me and I'm confident that no other firm could have gotten the same results.
The process was the most difficult and mentally defeating experience of my life, but they took 100% of the bourdon off of my shoulders. They communicated every step of the long and overly complicated process. I'm forever indebted to these people and I will never forget them. Every Christmas I pause to think about my guys who didn't make it home, and I'll keep this team in my thoughts during those hard times.
I know it's difficult, but there are people like Travis and his team out there willing and able to help. To the warriors, keep your head up and stay in the fight.Michael
I can’t say enough wonderful things about Travis, and Jessica at Perkins Studdard! They went above and beyond for me and did everything they could to help. Their kindness, professionalism, patience, and genuine care truly meant a lot to me. I’m incredibly grateful for everything they did and the way they treated me. I highly recommend Travis and Jessica at Perkins Studdard to anyone looking for people who genuinely care about their customers. Thank you both for everything!Joe Tarno
They got me over $100,000 in back pay. Got me to 100% P&T.James Powell
I initially started my workers’ compensation case with another attorney. Although he was a good attorney, I eventually realized that I needed a different level of communication and support throughout my case. After searching online, I came across Jason Perkins and decided to give him a try. I can truly say that I have not regretted that decision.
One of the things I appreciated most about Jason and his team was how responsive and communicative they were. Having an attorney who kept me informed was extremely important to me. I never felt like I had to constantly call and ask what was happening with my case or where things stood. Whenever there was movement or an important update, Jason and his team made sure I knew about it. I always felt informed and included throughout the process.
Jason was also straightforward with me and consistently gave me what he believed was the best advice for my situation. My case was a lengthy process, but having an attorney I trusted and knowing that my case was being handled properly made that process much easier to get through. I never felt like I was just another case or that I was being left in the dark.
Looking back, I am very glad that I made the decision to switch attorneys and work with Jason Perkins. He and his team gave me the communication, guidance, and reassurance I needed throughout a very long process. I would absolutely recommend Jason to anyone looking for a workers’ compensation attorney who will communicate with you, keep you informed, and genuinely work to get the best possible outcome for your case.Christina Barrett
Jason did a great job very fast and efficient got me a bankroll in less than 30 days i highly recommendReality Rap
OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously.
I highly recommend Perkins Studdard LLC to represent you!!
Thank you for all your fantastic work representing me, I sincerely, appreciate it!!keith morrow
Jessica and Travis listened and worked very hard getting us a really great disability payment. Thank you so much for listening and every month we appreciate your time and energy. Thanks againJeannie Brown
Working with Jason was an absolute pleasure if I had any questions or concerns they were right there with the right answers I would recommend Perkins and Studdard to anyoneRickey
I recently needed a lawyer for a Workers Compensation Inj. The Dr. I saw ordered back surgery. The company declined to approve the surgery. So i went to the Law firm of Perkins & Studdard, as they were highly recommended…Mr. Studdard is a Veterans Affairs Lawyer. Mr. Perkins & his staff handled my case… every person in the firm were nice, helpful, and showed empathy for my situation. Mr. Perkins is very thorough & at the same time worked diligently for me. He got me compensated fairly. If not for this Law firm im not sure what i would’ve done. Thankfully they lowered my stress and communicated regularly.
If you need help with an injury etc… Perkins & Studdard is who I highly recommend!!!tim copley
After my VA claim was denied, I felt defeated, depressed, and overwhelmed. I spent a lot of time researching different agencies, only to find that many of them made promises they couldn't back up and were not properly accredited.
I decided to give Perkins Studdard LLC a chance because they were accredited, and it turned out to be one of the best decisions I've ever made. From the very beginning, Jessica, Travis, and the entire team were professional, knowledgeable, and genuinely committed to helping me navigate the VA claims and appeals process.
Their guidance, communication, and dedication made a difficult process much easier to manage. Thanks to their hard work and expertise, I finally received the benefits I had been fighting for.
I highly recommend Perkins Studdard LLC to any veteran seeking assistance with a VA claim or appeal. Don't waste your time elsewhere—this team truly cares and delivers outstanding service.nelson figueroa
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.
