Agent Orange, a defoliant used by the U.S. military during the Vietnam War from 1962 to 1971, was named for the orange stripe on its storage barrels. This chemical mixture contained a highly toxic contaminant called dioxin (TCDD). Exposure to Agent Orange has been linked to serious health conditions in service members. The Department of Veterans Affairs (VA) identifies certain conditions as “presumptive,” meaning they are presumed connected to a veteran’s service without requiring direct proof. Scientific evidence has led to new additions to this list, expanding eligibility for benefits.
The Newly Added Conditions
Three conditions were added to the Agent Orange presumptive disease list through the National Defense Authorization Act for Fiscal Year 2021 (NDAA) in January and May 2021: bladder cancer, hypothyroidism, and Parkinsonism.
Bladder cancer affects the organ that stores urine. Studies indicate an increased risk among veterans exposed to Agent Orange, particularly younger veterans. This connection led to its inclusion as a presumptive condition.
Hypothyroidism occurs when the thyroid gland does not produce sufficient hormones, leading to symptoms like fatigue, weight gain, constipation, and dry skin. Untreated, it can lead to various health issues, including heart disease.
Parkinsonism refers to neurological disorders with symptoms similar to Parkinson’s disease, such as tremors, slow movement, impaired speech, and muscle stiffness, even without a formal Parkinson’s diagnosis. This condition was added to the presumptive list, distinguishing it from Parkinson’s disease which was already included. Its addition acknowledges a broader spectrum of movement disorders associated with Agent Orange exposure.
Understanding Presumptive Service Connection
The designation of a condition as “presumptive” streamlines the VA claims process for veterans. When a condition is presumptive, the VA automatically assumes the illness or injury is connected to military service, eliminating the need for veterans to prove a direct causal link. This contrasts with non-presumptive claims, where veterans must gather substantial evidence to establish a direct connection between their service and diagnosed condition.
This presumption acknowledges the challenges faced by veterans exposed to Agent Orange, where proving direct causation for diseases that may manifest decades after exposure can be difficult. By removing this burden of proof, the presumptive status facilitates quicker access to disability compensation and healthcare benefits for those who served in specific locations and timeframes. Veterans only need to demonstrate that they served in a qualifying location during the specified period and have a diagnosis of one of the recognized presumptive conditions.
How to Seek Benefits
Veterans seeking benefits for these newly added presumptive conditions should gather documentation to support their claim. This includes military service records, such as discharge papers (DD214), to verify service in a qualifying location and timeframe. Comprehensive medical records documenting the diagnosis and treatment of the health condition are also needed.
The application process involves completing VA Form 21-526EZ, the Application for Disability Compensation. Veterans can submit their application online through VA.gov, by phone, or in person at a regional VA office. For assistance, veterans can seek help from VA-accredited representatives or Veterans Service Organizations, which provide guidance on gathering evidence and submitting applications.