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Can Children Of Agent Orange Veterans Get Benefits?

Published on August 18th, 2020

Everyone knows about the devastating effects of direct Agent Orange exposure, but the problem of birth defects in the children of Vietnam and Korea veterans has not gotten the attention it deserves. According to a story written by ProPublica, which also ran in the Virginian-Pilot, children of veterans who were exposed to Agent Orange have a 30% greater chance of having birth defects than the children of average veterans. This means that thousands of children of veteran are affected.

Fortunately, the VA does offer some benefits for children of exposed veterans. The application process can be fact intensive, and the range of qualifying birth defects is narrow, so in the end you may not get the compensation you hoped for. In these situations, the veterans benefits lawyers of Jackson and MacNichol can help get your case on the right track. To learn more about how to succeed in the disability appeals process, call us today at 1(800) 524-3339 for a free consultation.

Children of Agent Orange Veterans May Qualify for Disability Compensation

If you are the child of a veteran who came into contact with Agent Orange, and you have serious birth defects, then you may be eligible for several VA benefits such as monthly disability payments, health care benefits, and vocational training. Vocational training is a two to four year program of rehabilitation and job assistance with the goal of finding you a stable form of employment.

To receive these benefits, you must prove your eligibility. First of all, you must be the biological child of a veteran who was exposed to Agent Orange. The VA will presume that your veteran parent was exposed to Agent Orange if they served:

  • In Vietnam or its territorial waters between January 9, 1962 and May 7, 1975
  • In or near the Korean demilitarized zone between September 1, 1967 and August 31, 1971
  • On C-123 aircraft that were used to transport Agent Orange
  • On any base where Agent Orange was used or stored

If none of the above applies, you would need to establish Agent Orange exposure through the veteran’s service records and testimony regarding the conditions of their service.

Next, you must show that you were conceived at some time after your biological parent was exposed, and that you have a qualifying birth defect. To this end, your case should include extensive medical documentation. If your father was exposed, VA regulations limit compensation to the Spina Bifida condition. But if your mother was exposed (typically as nurse in Vietnam or Korea), you may receive compensation for a wider range of birth defects.

Talk to a Disability Compensation Lawyer About Your Case

You can begin the compensation process by filing VA Form 21-0304. The success of your claim will depend on the strength of the evidence that you submit with it. If the VA denies your benefits, then an experienced disability appeals lawyer can help you make a stronger case by collecting more evidence and presenting legal precedent that supports your claim. Call Jackson & MacNichol today at 1(800) 524-3339 for a free consultation about the appeals process for children of Agent Orange. Remember–we get justice for veterans.

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