Agent Orange Attorney: Fighting Denied VA Toxic Exposure Claims
Reviewed by Eric Gang, Managing Attorney and Founder
For decades, Vietnam, Korean DMZ, and Thailand veterans exposed to Agent Orange and tactical herbicides have faced an uphill battle securing the disability compensation they earned. Despite expanded protections under the PACT Act and Blue Water Navy Vietnam Veterans Act, the VA routinely delays or denies claims involving non-presumptive conditions, lacking service records, or inadequate medical nexus opinions.
At Gang & Associates, our Agent Orange attorneys aggressively appeal wrongful denials and inaccurate disability ratings. We cut through administrative red tape to ensure veterans and their families recover full back pay and ongoing monthly benefits.
If the VA or Board of Veterans Appeals has denied your claim for a disease related to Agent Orange exposure, call our office at 1-888-878-9350 to learn more about how we can help you.
How to qualify for VA benefits for Agent Orange exposure?
The VA recognizes a presumptive service connection for cancers and chronic conditions linked to Agent Orange and tactical herbicides—including hypertension, MGUS, bladder cancer, and hypothyroidism under recent statutory expansions. To win your claim or appeal, you must satisfy three core requirements:
Qualifying for VA Benefits After Agent Orange Exposure
1
A Current Medical Diagnosis
Medical documentation of a recognized presumptive illness (or non-presumptive condition tied directly to herbicide exposure).
2
Proof of Qualifying Service
Military records establishing service in Vietnam, Blue Water Navy, Korean DMZ, Thailand, or other covered tactical herbicide locations.
3
Nexus & Disability Rating Evidence
Medical nexus opinions and records proving the severity and service connection of your condition to secure maximum compensation.
If a veteran has a disease that is not on the list, he can still make a claim for disability benefits. However, he must actually prove that Agent Orange caused his disease. For example, if the veteran has a form of cancer that is not on the list, but his oncologist says the cancer was a unique type of cancer that could only come from exposure to Agent Orange, then the veteran would have a basis for a claim. In deciding claims for disability benefits due to Agent Orange exposure, the VA cannot simply disregard a claim because it is not on the list of Agent Orange diseases. The VA must take the further step of analyzing whether the disease in fact came from exposure to Agent Orange.
Additionally, there may be other diseases not on the list that might be associated with Agent Orange exposure. Just because your disease is not on the list of Agent Orange diseases, it doesn’t mean you can’t prove a service-connection. A case like this would be analyzed under the normal criteria for service-connection. For instance, if the service medical records have a treatment note describing the early symptoms of the current diagnosed disability, then you may be able to make out the benefits claim on a direct basis.
Why Did the Board or Regional Office Deny My Disability Benefits Claim for Agent Orange Exposure?
The VA usually sides with their doctor over a private doctor or any doctor that writes a medical report in favor of a veteran. Over the years, we have seen a litany of standard reasons why the VA denies disability claims such as:
- “The Board finds the VA examiner’s report to be more probative. He reviewed the claims file and provided a detailed rational for his decision. The private doctor did not review the claims file and thus his report is less probative.”
- “The medical evidence of record indicates that 24 years have elapsed since discharge and the first documentation of a claimed disability.”
- “The Board has carefully considered the veteran’s statements and his opinion that his disability was caused by service. While the veteran may sincerely believe there is a connection, he is not a doctor and therefore not competent to offer opinions on questions of medical causation or diagnosis.”
- “The service medical records reveal no treatment for or complaint of the claimed condition during service. The condition was not shown during service or for many years thereafter. Thus, in the absence of any evidence of a nexus to service, service connection must be denied.”
- “The veterans’ separation physical exam showed normal findings on clinical examination.”
What should I do if my claim for Agent Orange exposure is denied by the VA?
Hopefully, if you’ve read this far you’re beginning to realize that you have options if your claim for disability benefits due to Agent Orange exposure has been denied.
VA claims, “This ‘presumptive policy’ simplifies the process for receiving compensation for these diseases since VA foregoes the normal requirements of proving that an illness began during or was worsened by your military service.” What they don’t tell you is that if your disease is not “on the list” of approved presumptive diseases then VA will deny you. Also, if you cannot establish “boots on the ground” in Vietnam or at the DMZ then the VA will deny you on the grounds that you were not actually exposed to Agent Orange. Sometimes the VA will grant you benefits for Agent Orange or herbicide diseases but assign a rating that is too low.
If your claim has been denied for any of these reasons, you should hire a qualified veterans disability benefits lawyer who can help you appeal the decision and make the case for why deserve disability benefits.
Winning Non-Presumptive Claims via Direct Service Connection
When the VA denies a claim because your illness is not on the official presumptive list, they often fail to evaluate your claim under Direct Service Connection. Our Agent Orange lawyers specialize in proving that unlisted cancers, rare autoimmune disorders, or secondary conditions were directly caused or aggravated by herbicide exposure.
How Our Legal & Medical Team Overcomes VA Denials:
- In-House Medical Review: Our dedicated in-house medical doctor and mental health team analyze your medical history to establish a bulletproof medical nexus.
- Independent Medical Opinions (IMOs): We partner with world-class oncologists and specialists to refute flawed VA C&P examination reports.
- CAVC Federal Appellate Litigation: With over 500 appeals handled before the U.S. Court of Appeals for Veterans Claims (CAVC), we bring rare federal litigation authority to complex appeals.
If you see value in having your own attorney represent you against the government, then we invite you to call us. We can help you by handling your case at this very complex stage. If you’re tired of going it alone and want an attorney who has represented more than 500 appeals in front of the CAVC, then you should contact my offices today.
Types of Cases
- Accrued Benefits
- Anxiety
- Burn Pits
- Camp Lejeune
- Cancer
- Death Benefits or DIC
- Defense Contractor Whistleblowers
- Depression
- Diabetes
- Agent Orange and Other Herbicides
- Gastrointestinal Problems
- Gulf War Syndrome
- Gulf War Veterans with Chronic Disabilities
- Heart Disabilities and Other Cardiovascular Conditions
- Migraines
- Mental Health
- Military Sexual Trauma
- Multiple Chemical Sensitivity Syndrome
- Orthopedic Claims
- Post-Traumatic Stress Disorder (PTSD)
- Psychiatric Disability
- Schizophrenia
- Serious Neurological Disorders and Organic Brain Syndrome
- Skin Diseases
- Sleep Apnea / Obstructive Sleep Apnea (OSA)
- Spinal Cord and Back Injuries
- Traumatic Brain Injury (TBI)
- VA Medical Malpractice
