VA PUBLISHES AGENT ORANGE PRESUMPTION GUIDELINES

AMVETS applauds extension of benefits for exposed Vietnam veterans

LANHAM, Md., Aug. 30, 2010—This morning the Department of Veterans Affairs published its final guidelines in the Federal Register, outlining how VA will handle benefits claims for presumptive conditions resulting from exposure to the dangerous defoliant Agent Orange during the Vietnam War.

AMVETS leaders applauded the decision to extend benefits to veterans suffering from three new presumptive conditions-- Parkinson’s disease, ischemic heart disease, and chronic lymphocytic leukemias, including all chronic B cell leukemias, such as hairy cell leukemia.

“The latest presumptions will finally ensure that veterans exposed to Agent Orange will be cared for and appropriately compensated through the VA system,” said AMVETS National Commander Jerry Hotop. “AMVETS now urges Congress to approve VA’s guidelines so that veterans can start to receive the care and benefits they deserve.”

Congress has 60 days to review the new guidelines before VA can start to pay the new benefit. The Senate is currently scheduled to review the new regulations in a hearing on Sept. 23 and VA expects to be able to process its first new presumptive claims by November.

For new claims, VA may pay benefits retroactive to the effective date of the regulation or to one year before the date VA receives the application, whichever is later. For pending claims and claims that were previously denied, VA may pay benefits retroactive to the date it received the claim.

Any veteran who served in Vietnam between Jan. 9, 1962, and May 7, 1975, is presumed to have been exposed to herbicides like Agent Orange. Under the new regulation, a veteran who served in Vietnam during that time period who has developed a presumptive condition will not need to prove that the condition was a direct result of herbicide exposure.

Critics of the new presumptions are concerned that veterans suffering from conditions like ischemic heart disease could have developed the condition through causes other than herbicide exposure. However, AMVETS believes the presumption should remain, even if a handful of undeserving veterans could receive benefits.

“We know Agent Orange can lead to these problems, which is why VA created the presumptions based on years of hard evidence,” said Hotop. “To AMVETS, that’s enough. We would rather see a veteran who developed the condition under questionable circumstances receive care and compensation than put one more deserving Vietnam veteran through the ordeal of proving whether or not his particular disease resulted from Agent Orange exposure nearly three decades ago.”

VA expects more than 150,000 veterans to file claims under the new presumptions within the next 12-28 months, and the department also plans to review up to 90,000 previously denied claims for the presumptive conditions.

VA encourages potentially affected veterans to file their claims today to help expedite the process. AMVETS National Service Officers stand ready to assist potentially affected veterans in navigating the claims process at VA Regional Offices nationwide. To find you nearest AMVETS National Service Officer, visit http://www.amvets.org/service/national_service_officers.html.

About AMVETS:
A leader since 1944 in preserving the freedoms secured by America’s armed forces, AMVETS provides support for veterans and the active military in procuring their earned entitlements, as well as community service and legislative reform that enhances the quality of life for this nation’s citizens and veterans alike. AMVETS is one of the largest congressionally-chartered veterans’ service organizations in the United States, and includes members from each branch of the military, including the National Guard and Reserves. To learn more visit www.amvets.org.