Office of Public and Intergovernmental Affairs
VA Publishes Final Regulation to Aid Veterans Exposed to Agent Orange
August 30, 2010, 08:00:00 AM
VA Health Care and Benefits Provided for Many
“Last October, based on the requirements of the Agent Orange Act of 1991 and the
The final regulation follows Shinseki’s determination to expand the list of conditions for which service connection for Vietnam Veterans is presumed. VA is adding Parkinson’s disease and ischemic heart disease and expanding chronic lymphocytic leukemia to include all chronic B cell leukemias, such as hairy cell leukemia.
In practical terms, Veterans who served in
The Secretary’s decision to add these presumptives is based on the latest evidence provided in a 2008 independent study by the
Veterans who served in
More than 150,000 Veterans are expected to submit Agent Orange claims in the next 12 to 18 months, many of whom are potentially eligible for retroactive disability payments based on past claims. Additionally, VA will review approximately 90,000 previously denied claims by Vietnam Veterans for service connection for these conditions. All those awarded service-connection who are not currently eligible for enrollment into the VA healthcare system will become eligible.
This historic regulation is subject to provisions of the Congressional Review Act that require a 60-day Congressional review period before implementation. After the review period, VA can begin paying benefits for new claims and may award benefits retroactively for earlier periods. 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.
VA encourages Vietnam Veterans with these three diseases to submit their applications for access to VA health care and compensation now so the agency can begin development of their claims.
Individuals can go to a website at http://www.vba.va.gov/bln/21/AO/claimherbicide.htm to get an understanding of how to file a claim for presumptive conditions related to herbicide exposure, as well as what evidence is needed by VA to make a decision about disability compensation or survivors benefits.
Additional information about Agent Orange and VA’s services for Veterans exposed to the chemical is available at www.publichealth.va.gov/exposures/agentorange.
The regulation is available on the Office of the Federal Register website at http://www.ofr.gov/.
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