These children may be at an increased risk of birth defects such as cleft lip and palate, spina bifida, and other neural tube defects. created in 1989 have already hosted millions of visitors over the years, providing It's not the defoliant itself that's poisonous, it's the The use of "rainbow herbicides" led to a 1984 class action suit by Vietnam veterans and their families against chemical companies that produced these defoliants. an impact on future public health and military policies, as well as medical ethics.. What benefits can my child get and how do we get them? The papers were given to a veteran's association in New Jersey, but in 2014 were sent In November 2020, a district court ordered the VA to review any previously denied compensation claims related to Agent Orange exposure for so-called "Blue Water veterans," who served aboard ships in the territorial waters of Vietnam. According to the U.S. Department of Veteran Affairs, Agent Orange has been linked to leukemia, Hodgkin's disease, diabetes, Parkinson's or deleting files off hard drives before they retire them. yet assertive representation for our clients. Maxner, who teaches military history at Texas Tech, explains what these papers could This is just one question the researchers hope to answer. Symptoms can include fatigue, fever, infections, easy bruising or bleeding, weight loss, and weakness. Some of the major health problems caused by Agent Orange include: Cancer studies have found that Agent Orange can cause cancer in some such as lymphoma, leukemia, and prostate cancer. released in court? When we can't learn from history, we're doomed to repeat it, Mondt said. This collection will offer new and unique contributions to Camp Lejeune Lawsuit. If a child has a severe birth defect and the family needs caregiving the VA may provide support to the caregiver. In 1977, Maude DeVictor, a case worker at the VA office in Chicago, met the widow of a veteran who died from lung cancer believed to be Agent Orange-related. But exposure to Dioxin-contaminated Agent Orange, the VA maintained, did not pose any long-term or irreversible impact to human health. Common birth defects include Spina bifida, Cleft lip, Congenital heart defects, limb defects such as missing or malformed fingers or toes, neural tube defects that cause problems to the brain or spinal cord, hernias, down syndrome, and other chromosomal disorders. All rights reserved. Meningocele The protective covering of the spine protrudes, leaving an opening in the back. In this circumstance, a Veteran must show either that they served: There are many mistakes that the VA makes every year. greatest controversies Agent Orange. His own son, For those who already died, their families were eligible to receive $3,400. What the chemical companies knew, and when they knew it.. produced the herbicide known as Agent Orange. We will create a processing : Dow Chemical, Monsanto and Diamond Shamrock Corporation. When the U.S. military was using it, there was not much knowledge about the long-term effects it would have on people. only good that could come from the process. To learn more about how to succeed in the disability appeals process, call us today at 1 (888) 492-2941 for a free consultation. The VAs Agent Orange presumptive conditions list, found above, is based on the most current research and data. I'm extremely grateful I had them to represent me. Vietnam Center & Sam Johnson Vietnam Archives, the famous 1980s class action case against the creators of Agent Orange, born with higher numbers of birth defects, Texas Tech Institute for Peace & Conflict, placed Texas Tech among its top doctoral universities, 2023 Texas Tech University. to foster an environment that celebrates student accomplishment above all else. The university strives PO Box 4444 than 40,000. We know how to win cases and will work hard to achieve successful results. We will discuss the different types of birth defects that have been linked to Agent Orange exposure, and explore the benefits and support that are available to families affected by Agent Orange. We know we were all exposed to Agent Orange, to varying degrees, and we feel that Washington, DC: The National Academies Press. Who is Eligible to File an Agent Orange Lawsuit? It wasnt until March 1989 that the first checks were mailed out to veterans as defined in the class by Judge Weinstein, which included veterans who served in Vietnam from the U.S., as well as Australia and New Zealand. have ideas of how they will organize their findings. Texas Tech is home to a diverse, highly revered The childs biological mother or father served in a unit in or near the DMZ for any length of time between September 1, 1967, and August 31, 1971. VA keeps moving the goalposts regarding how and when it will concede exposure to Agent Orange for veterans who. This fund and lawsuit did not involve the VA or the government in any way. If your child is diagnosed with one of the other birth defects we mentioned above, they may still be eligible for VA benefits. Is my child eligible for benefits from the VA? For more information on VA benefits and Agent Orange, visit our website. If our government had thought through the long-term impacts of Agent Orange like major sections: legal and scientific. most controversial war and increase accountability going forward. Birth Defects children born to veterans who were exposed to Agent Orange are at a higher risk of developing birth defects such as a cleft palate and spine bifida. are elements of this war that have been covered up, we must discover the truth., tags: Academics, Military, Research, Stories, Vice President for Research, Vietnam, provost. From Agence France-Presse (via Barrons): Of course, the manufacturers have lawyered up, arguing that they only made the poison, but that it was the U.S. military that weaponized it, which is true as far as it goes. All seven companies, having been granted immunity as military contractors, agreed to the settlement, under the condition that no admission of liability had to be made. If you served in Vietnam or Thailand, or in or near the Korean Demilitarized Zone (DMZ)and your child has spina bifida or certain other birth defectsyour child may be able to get disability benefits. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. During that time, it became apparent that exposure to the herbicide was not only dangerous to service members but also to their children. }, 2006-2020 Military Connection, Owned by BL, LLC. Now that the team has received grant money, This could give validation and a sense of justice to many veterans and their families The conclusions of all of them vary, which leads to confusion and controversy. Survivor benefits are also dependent upon the veterans eligibility. of Agent Orange are passing the poison onto their children and grandchildren. Paul Sutton, former Chairman, VVA, Chicago Tribune, 2009. For purposes of this Act, the term "Agent Orange" includes any chemical compound which became part, either by design or through impurities, of an herbicide agent used in support of the United States and allied military operations in the Republic of Vietnam. veterans and Vietnamese alike. The Agent Orange Victims & Widows Support Network, Inc. is a non-profit organization that draws attention to the devastating health effects of Agent Orange on veterans and their families. This field is for validation purposes and should be left unchanged. Motion 1: For the VA Secretary to use his executive authority to bypass the lengthy regulatory writing and approval processes and direct that the three new presumptive diseases (bladder cancer, hypothyroidism, and Parkinson's-like symptoms) in the FY2021 National Defense Authorization Act be fast-tracked for implementation by the VBA. Unfortunately, failing to apply means they are not receiving benefits which could have made life easier for them and their families. Please call for an appointment . The Vietnam War is shrouded in mystery and misunderstanding. The VA recognizes that children born to female veterans who served in Vietnam have a higher incidence of birth defects, but it does not attribute these conditions to Agent Orange exposure. courtroom during the famous 1980s class action case against the creators of Agent Orange. Donations to the organization allow them to continue providing support and informational resources to veterans and their dependents. The chief of Irans nuclear program, Mohammad Eslami, acknowledged the findings of the IAEA report. This includes, Dow Chemical Co. v. Stephenson, 539 U. S. 111 (2003). However, as a byproduct of its production, it also contained the highly toxic dioxin contaminant 2,3,7,8-TCDD. It contained toxic chemicals that cause serious health problems like cancer, birth defects, and neuro disorders. ET. This triggered DeVictor to conduct a series of interviews privately with other sick veterans, as she also researched into the correlation between veteran health problems and their alleged exposure to herbicides. have an accurate understanding of history, Mondt said. The VA, now implicated, plunged into damage-control mode. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. The question remains, however. a. AOVVM on facebook an online memorial honoring the lives of our veteran's and their children lost to Agent Orange. Not only are those who may have PTSD or other forms of mental illness, but many suffer from physical health problems because of military service in Vietnam. Veterans who served in Vietnam between 1962 and 1975 or Korea between 1967 and 1971 may have been exposed to the dangerous herbicide called Agent Orange. There are some diseases that the VA does not presume, which can lead them to deny claims. You may be owed compensation. Note: Your character of discharge and length of service dont affect your childs eligibility for disability benefits relating to spina bifida. The problem with Agent Orange is the dioxin exposure, Maxner said. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Sadly, there are not enough definite studies to prove that all the birth defects of children born to parents exposed to Agent Orange are directly caused by the chemical. However, in 1961, a deadly herbicide was developed by the Monsanto Corp earlier than the official start of the war. plan for how we want to arrange and describe the collection. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 The archives, They can either: Suppose the VA does not find an illness to be connected with Agent Orange. and Agent Orange an extremely rare accomplishment for someone with no medical training. New laws and medical discoveries have changed the list of conditions connected to Agent Orange and benefits that the VA will pay. Thanks to three Texas Tech University researchers, we may be closer to answering one of the war's most lingering questions: Did the creators of Agent Orange know how poisonous it really was before using it Myelomeningocele This is the most severe type of spina bifida. There are usually two forms of VA decisions that Veterans will decide to appeal. Veterans can apply in person at their local office or online: https://www.ebenefits.va.gov/ebenefits/homepage. Federal government websites often end in .gov or .mil. The momentum for excellence at Texas Tech has never been greater. There are two types of adrenal gland cancer: Functional In functional tumors, the glands overproduce hormones causing symptoms such as abdominal pain, unexplained weight loss, unexplained fever, low blood pressure, high blood sugar, changes in skin color, and more. Agent Orange was a chemical herbicide that the U.S. military used to clear out trees and other plants while combating Vietnamese forces. These diseases include: Additionally, survivors of exposed Veterans and depends may also be eligible for benefits. There are many future possibilities depending on what we find in these files, Mondt In the 1980s, several U.S. Vietnam veterans sued the U.S. chemical companies that In 2018, the Carnegie Classification of Institutions of Higher Education When this collection is processed, Texas Tech's Vietnam Center & Sam Johnson Vietnam Agent Orange, the defoliant in which the United States soaked Southeast Asia during our decades of making war there, is what scientists call a "persistent agent," and persistent agents tend. Since the Agent Orange Product Liability Litigation lawsuit, and the closing of the Settlement Fund, other lawsuits have also been filed against the chemical companies. Agent Orange exposure and VA disability compensation Agent Orange was a tactical herbicide the U.S. military used to clear leaves and vegetation for military operations mainly during the Vietnam War. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Both of these must be true: The childs biological mother served in Vietnam any time from January 9, 1962, through May 7, 1975, and, The child was conceived after the mother first entered the Republic of Vietnam during the time period listed above. While some settlements had immediate payouts, there may be funds still available, depending on your condition and infliction. out of court. In conclusion, the toxic chemicals in Agent Orange used by the U.S. military during the Vietnam War, and has been linked to a variety of serious health problems, including cancer, birth defects in Agent Orange babies, and neurological disorders. Children with birth defects connected to exposure to Agent Orange can receive health care benefits such as treatment for the birth defect and related medical conditions throughout their life. Its mission is to support and encourage research and education regarding all aspects U.S. Navy file photo. not only the field of military history, but also legal, medical, political, and environmental We applied for this grant so we can find out, Mondt said. Its important to note that the VA recognizes certain birth defects as presumptive service-connected conditions of the children of veterans exposed to Agent Orange, making them eligible for benefits. Quality students need top-notch faculty. Vietnam Veterans are eligible for VA benefits for diseases that are caused by Agent Orange. People were harmed by Agent Orange by inhaling the fumes. Despite any anecdotal or academic evidence you may have read, the VA currently does not provide benefits for the grandchildren or great-grandchildren of Vietnam veterans. Cleft Lip/Palate can be corrected via surgery, speech therapy, and specialized dental care. Making an appeal is not an easy task, though. If you are a Veteran who served in Vietnam, suffered from any of these diseases listed above, and were exposed to Agent Orange, you may be entitled to benefits and compensation. Third generation birth defects and health conditions. Five years in, Dr. Richard Albanese, a lead investigator, and his team made what they considered an intriguing finding children born to exposed Air Force vets after the war had more defects. The case, known as the Agent Orange Product Liability Litigation, grew as lawyers across the country added their clients to the suit. not only to us, but also to our families.. Zumwalt is one of many stories in which families have been traumatized, both physically We use cookies to optimize our website and our service. Qualifications depend on when the surviving spouse and the veteran were married, whether they had children, or several other factors. transparency., When we look at the world today, there has never been a time we've needed transparency Originally, the VA said that Blue Water veterans who were exposed to Agent Orange and whose claims were denied due to their service not being in a qualifying location would have to file a new claim. However, the availability and eligibility of these benefits can vary depending on individual circumstances. Agent Orange can contribute to numerous health conditions: Exposure to Agent Orange does not have to be long in order to cause some of these diseases. . Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Archives will become the world's leading hub for research on Agent Orange. The Road to VA Compensation Benefitswill help break down the claims process from start to finish. Vets who were suffering serious health consequences from exposure to the defoliant were being unconscionably stonewalled by the Veterans Administration under presidents of both parties. Theattorneysat Hill & Ponton are here to support you with appealing a claim to get Agent Orange exposure benefits for you and your children. These benefits may include disability benefits for diseases that have been linked to Agent Orange exposure. they will begin the three-year process of discovering what truths these boxes hold. said Ron Milam, executive director of the Texas Tech Institute for Peace & Conflict, the parent organization for the VNCA. Veterans may be able to get better medical help. The Agent Orange collection will exponentially add to those numbers. Originally, these veterans were denied benefits, while those who served on inland and coastal waters, along with those serving on land in Vietnam and some other nations, were eligible for benefits. NVLSP has gone to court four times since 1999 to force VA to comply with the Nehmer consent decree, including a motion filed in federal court in July 2020 on behalf of Blue Water Navy Vietnam veterans and survivors whose Agent Orange claims were denied. We can help, contact the experienced advocates at Veterans Help Group to evaluate your claims. The chemical in Agent Orange, Dioxin, can cause developmental abnormalities in a developing fetus. However, some studies show that Veterans children are about 13% more likely to have birth defects if their parent was exposed to Agent Orange than those who were not exposed to it. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Find out if your child qualifies for benefits. Additionally, scientists confirm that once dioxin Even though it's fifty years later, because these documents were preserved, we will They were being civically responsible when they released these papers.. Veterans or surviving family members of veterans can join the network to give and receive support. Ms Tran filed the lawsuit in 2014 with the support of several human rights groups. I died in Vietnam, but I didnt even know it, said a young Vietnam vet on the Today Show one morning in 1978, shocking viewers across the country. His son developed non-Hodgkin's lymphoma and died. continuing to the present. Already working with us? This includes Dow Chemical Co. v. Stephenson, 539 U. S. 111 (2003), by Daniel Raymond Stephenson who sued Dow in New Jersey courts after developing multiple Myeloma in 1998. For example, veterans in the Blue Water Navy who were denied 3 years ago may now eligible. Though there are difficulties in securing benefits for children with birth defects, Veterans should still seek to talk to an experienced attorney so that they can make a claim through the VA. Veterans who suffer from symptoms related to Agent Orange should seek benefits and compensation from the VA. Making a claim through the VA for Agent Orange exposure and its symptoms is a bit different from other claims. Disability compensation can include monthly payments, as well as educational assistance and vocational training throughout their life. Before a Veteran begins the claims process, they should know what diseases the VA presumes, including the diseases listed above. In the 1990s, the government acknowledged that more conditionssome of which are debilitatingare related to its exposure. There also are lessons to be learned from an archival standpoint. In response to a new lawsuit, its creators and manufacturers say that the U.S. military bears the blame for what it has done to people across Southeast Asia. If you continue to use this site we will assume that you are happy with it. This includes both time on land and time aboard a ship that operated in the Vietnam waterways. Your child may be eligible for disability benefits if they meet these requirements. Spina Bifida occurs when the spinal cord does not form properly causing neve damage and mobility issues. Children of Agent Orange Veterans May Qualify for Disability Compensation If you have a power of attorney and need to update their information, please call Veterans Benefits Assistance at 800-827-1000, Monday through Friday, 8:00 a.m. to 9:00 p.m. It is assumed that the loss of his son motivated the public service from which many Even today, many American Veterans are suffering from the health effects of the Vietnam War. Through this, the Archive strives to help researchers develop Research and enrollment numbers are at record levels, which cement Texas Tech's commitment When they returned from Vietnam, some service members noticed that their children were born with a disease, missing limbs, extra limbs, cleft lips, and more. Agent Orange: The Settlement Details you need to know. by releasing these documents to the American people, we can put to bed the conspiracies They began attributing these negative health conditions to their exposure to Agent Orange and other toxic herbicides, used during the war. It was only later that the primary chemical in Agent Orange, called dioxin, was found to be extremely toxic. We use cookies to ensure that we give you the best experience on our website. Perhaps their children will gain I first encountered AO when I was covering Vietnam veterans issues in the late 1970s. Agent Orange was created to defoliate dense jungle terrain to help American and South Your child may be eligible fordisability benefits if they have a covered birth defect that caused a permanent physical or mental disability (a disability that doesnt go away) and they meet both of these requirements. Learn more about us, Veterans Disability Claim If they were to give benefits to all the Veterans who had children with birth defects they could presume were caused by Agent Orange, that would be millions of dollars more. we needed to hire additional archivists to process the information correctly.. Many studies seek to understand the effects of Agent Orange on male Veterans offspring. Those are the documents Veterans must know that they can get benefits for being exposed to Agent Orange and suffering from its effects. The NEH believes these papers could have endless implications across many disciplines, though, the papers will demand accountability for decisions made during America's lingered in an intellectual and emotional sense. Shortly after returning home, many Vietnam veterans experienced ill health. According to the U.S. Department of Veteran Affairs, Agent Orange has been linked to leukemia, Hodgkin's disease, diabetes, Parkinson's disease and many other illnesses. Also covered by this presumption are veterans who were in or near the Korean demilitarized zone from April 1, 1968 to August 31, 1971. a goal more than a decade in the making, reaching a total student population of more Early diagnosis is important, if you think you were exposed to Agent Orange and are planning to have a child ask your doctor to check for all possible birth defects. An experienced attorney will make sure that all of the pieces are there, and they will be able to advocate and work for the Veteran. height:50px; In November 2020, a district court ordered the VA to review any previously denied compensation claims related to Agent Orange exposure for so-called "Blue Water veterans," who served aboard ships . Our firm was founded in 1986 in Orlando, Florida. Before sharing sensitive information, make sure you're on a federal government site. A new era of excellence is dawning at Texas Tech University as it stands on the cusp San Jose, CA: 2880 Zanker Road, Ste. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 these major blunders of the past.. The worst of the victims, of course, were the non-combatantsan estimated four million just in the decade we dropped the stuff on Vietnam, Laos, and Cambodiawho are still paying the price in cancers and birth defects, and who likely will continue to do so for the foreseeable future. Those who were rated unequivocally medically ill from Agent Orange exposure were eligible to receive up to $12,800 paid out over 10 years. Six months later though, his troops started showing symptoms of dioxin poisoning. Fifty years after the war, Agent Orange still affects hundreds of thousands of U.S. Processing these papers will be a tedious and detailed task, but the researchers already Agent Orange is a herbicide that the U.S. military widely used during the Vietnam War. Office Locations. By Fred Wilcox. What story do those papers tell and why were they not In the Norwalk Hospital in Connecticut, Reutershan famously told his mother, Muriel Reutershan, just before he died in December 1978: I got killed in Vietnam and didnt know it. After his death, Paul Reutershans family, and members of his organization, Agent Orange Victims International (AOVI), continued the fight. The case, known as the Agent Orange Product Liability Litigation, grew as lawyers across the country added their clients to the suit. All rights reserved, There have been a variety of settlements made to. Spina bifida is a spinal cord birth defect. Hill & Ponton P.A. Click the link below to learn more. One of the most concerning effects of Agent Orange exposure has been the occurrence of birth defects in the children of veterans who were exposed to the chemical. Stephenson v. Dow Chemical Co. was transferred to Judge Weinstein in the U.S. District Court of the Eastern District of New York. , by Daniel Raymond Stephenson who sued Dow in New Jersey courts after developing multiple Myeloma in 1998. From this public crisis came the creation of the VAs Agent Orange Policy Group, though headed by a former Monsanto researcher. You can also check out the list of covered birth defects, here. Because disability benefits were only given to Veterans who had children with spina bifida, many Veterans were left out, even if their children had birth defects. More importantly, Visiting a VA medical doctor could help gather the proper evidence to connect the in-service stressor and the current diagnosis. They also witnessed an unusually high incidence of their children born with hydrocephaly, anencephaly, spina bifida, neural tube defects, club foot, cleft palate, missing extremities, fused digits, heart defects, blindness and many other conditions. to foster an environment that celebrates student accomplishment above all else. Charles P Pierce is the author of four books, most recently Idiot America, and has been a working journalist since 1976. Updated: January 23, 2023. Many Veterans are unaware of the details surrounding the VA and how they make the decisions they do. I highly recommend them! We hope to ascertain whether the effects The spouses and dependent children of veterans who died because of an illness caused by Agent Orange or those who died in the line of duty are eligible for survivor benefits. Related: Agent Orange Illnesses and Exposure Locations. The companies settled with the veterans In the archival world, there are many petitions DeVictor then took her files to Bill Kurtis, an investigative reporter at the CBS affiliate in Chicago, who went on to interview researchers and more veterans, and aired, The first Agent Orange-related lawsuit was filed by, , who believed that his chloracne and abdominal cancer was related to Agent Orange after watching the Kurtis documentary.