| Filing a Claim with the VA -------------------------------------------------------------------------------- If a veteran believes that he or she has been harmed by anything in their military experience, they have the right to file a claim for treatment and compensation with the Department of Veterans Affairs (VA). A claim can be filed at any time and there is never a charge to file a claim. How to File a Claim: A claim can be filed at any VA office or medical center. Many cities also have storefront "Vet Centers" where a claim may be filed. It can also be done by mail, after requesting the appropriate forms from the VA. Most telephone directories will list the nearest Va facilities under "US Government" Assistance of a Veterans Service Officer (VSO) may also be sought. All major veterans organizations (American Legion, VFW, DAV, etc) have service officers authorized by the VA to act in behalf of the veteran. In addition, many state and county government agencies have VSO's. Once again, there is never a charge for the assistance of the VSO. A caution: As with anything else, there are good VSO's and bad VSO's. The veteran must feel comfortable with his VSO, because this person will be handling the veteran's paperwork and (hopefully) advancing the claim. The veteran should be comfortable working with his VSO and feel that progress is being made. If the veteran feels that his claim is not being handled properly, he should not hesitate to find a different VSO to assist him. -------------------------------------------------------------------------------- Agent Orange Claims: An Agent Orange claim is filed the same as any other claim; essentially it is a claim for injury during service in the military. It is not necessary to discuss Agent Orange in the filing of the claim, and in fact, it can be detrimental. As the veteran, all you must do is describe, to the best of your ability, the injury or disease. This should be done in layman's terms; you are not a physician and should not attempt self-diagnosis. The VA will accept the claim, and schedule the veteran for a medical examination. At that time, the veteran should inform the physician that he was in Vietnam. A "Agent Orange " tag should then be affixed to the veterans file. If you have seen a private physician, medical reports can and should be included with the claim. There is no value, however, in a physician's opinion that the disease was caused by Agent Orange. Quite simply put, most physicians are not qualified to make this assessment unless they are a researcher. Many veterans think that a letter from their doctor stating that the physician thinks this was caused by Agent Orange will help --- the truth is that it does not. Currently the VA offers compensation for only certain diseases as related to Agent Orange. This does not mean, however, that your condition may not be awarded. The VA may award for a condition as related to some other cause. Regardless of potential disposition, if you have a health problem from military service: File the Claim!! Laws change, and a condition that may not be compensable today, may well be compensable tomorrow. The only way you can protect your rights is to file the claim. VA claims are usually awarded back to date of filing. If you do not file, you forfeit your rights. In the future, we will expand this section, and include information on appeals and related areas. -------------------------------------------------------------------------------- |
| Frequently Asked Questions About Agent Orange -------------------------------------------------------------------------------- What was Agent Orange? Agent Orange was a herbicide developed for military use. Chemically, the product was a 50/50 mix of two herbicides, 2,4,-D (2,4, dichlorophenoxyacetic acid) and 2,4,5-T (2,4,5 trichlorophenoxyacetic acid). These herbicides were both developed as weed killers in the 1940's, and were effective against broad leaf plants and several crops. Why did the military use herbicides? Herbicides were developed to be deployed in enemy areas to deny cover and concealment to the enemy. In dense terrain particularly, the use of herbicides to destroy covering vegetation was to protect American and allied troops from ambush or other undetected movement of the enemy. Prior to it's introduction for use in Vietnam, was Agent Orange used in the United States? Yes. During the testing phase of Agent Orange, use tests were carried out at Fort Detrick, Maryland, Eglin Air Force Base in Florida, and Camp Drum in New York. Other testing was also conducted in Thailand in the early 1960's. For information on other herbicides used in Vietnam, go here: The Fifteen Herbicides Used in Vietnam Why was the product called Agent Orange? The name signifies orange identifying bands that were used on the fifty-five gallon drums the product was shipped in. Other herbicides were also used in Vietnam, and were known by color coded names too, such Agent White, Agent Blue, Agent Purple, Agent Pink and Agent Green were also used. Who were the manufacturers who produced Agent Orange for the military? Dow, Monsanto, Diamond Shamrock Corporation, Hercules Inc., Uniroyal Inc., T-H Agricultural & Nutrition Company, and Thompson Chemicals Corporation. These companies were subjects of a class action lawsuit filed originally in 1979 and settled out of court in 1987 for $180 million. The official name of the lawsuit was Multidistrict litigation 381 (MDL 381), and was designated In re Agent Orange Product Liability Litigation. I want (or I had) an "Agent Orange Test", sometimes thought to be given by the VA -- What is this? There is no such thing as an Agent Orange Test. This is often confused with two things: 1. The Agent Orange screening physical given at VA Medical Centers: This test is nothing more that a general physical which includes examination, X-rays and blood work. It does not detect Agent Orange exposure. This physical is useful only as any routine physical is useful in early detection of disease or health problems. The VA does keep these results in a registry. 2. Dioxin analysis of the blood or fatty tissue: There are sophisticated tests which will measure dioxin levels in both blood and fatty tissues. (Dioxin is the unwanted byproduct in Agent Orange). These tests are research-oriented only, and have never been available on a large-scale or clinical basis. The VA does not perform these tests. Only a few laboratories in the world are able to do this testing, and it is usually quite expensive, around $1500-$2000 per test. Can I sue the government or the chemical companies? No. Title 38 of the United States Code prohibits veterans from suing the government for injuries suffered while in the military. A class action suit was filed in behalf of veterans in 1979 against the chemical companies and settled out of court. The final funds in this legal action were distributed by 1992. Additional attempts to sue the manufacturers have been attempted, and have been prohibited by the courts. The most strongly fought of these legal battles, Ivy vs. Diamond Shamrock was supported in behalf of the plaintiff by attorney generals in all fifty states, the Supreme Court, however, refused to hear the arguments and that case ended in 1992. In the parlance of the court, the issue is "res judicata" or "the matter is settled". -------------------------------------------------------------------------------- |
| The Fifteen Herbicides Used in Vietnam -------------------------------------------------------------------------------- PURPLE: A formulation of 2,4,-D and 2,4,5,-T used between 1962 and 1964. GREEN: Contained 2,4,5-T and was used 1962-1964. PINK: Contained 2,4,5-T and was used 1962-1964. ORANGE: A formulation of 2,4,-D and 2,4,5-T used between 1965 and 1970. WHITE: A formulation of Picloram and 2,4,-D. BLUE: Contained cacodylic acid. ORANGE II: A formualtion of 2,4,-D and 2,4,5-T used in 1968 and 1969 (also sometimes referred to as "Super Orange") DINOXOL: A formulation of 2,4,-D and 2,4,,5-T. Small quantities were tested in Vietnam between 1962 and 1964. TRINOXOL: Contained 2,4,5-T. Small quantities tested in Vietnam 1962-1964. BROMACIL DIQUAT: TANDEX: MONURON: DIURON: DALAPON: Small quantities of all of the above were tested in Vietnam, 1962-1964. -------------------------------------------------------------------------------- |
| HOW TO FILE A CLAIM WITH V.A. AND OTHER USEFUL INFORMATION ON AGENT ORANGE PAGE 2 |
