If you’re a West Virginia veteran exposed to Agent Orange during the Vietnam War, and your claim for disability benefits was denied, you have options. A West Virginia Agent Orange exposure lawyer can help you with the decision review process. Agent Orange is an herbicide sprayed by the U.S. Army in the jungles of Vietnam, Royal Thai Air Bases, and the Korean Demilitarized Zone (DMZ) during the Vietnam War.
This herbicide was used during Operation Ranch Hand to remove vegetation covering the enemies. However, it’s been discovered that the herbicide wasn’t only disastrous to plant life, but it was also harmful to the veterans exposed to it. According to various studies, Agent Orange can cause multiple health problems and congenital disabilities in the children of the affected veterans.
Why Hire an Agent Orange Exposure Lawyer?
Are you a veteran living in West Virginia and suffering from a health condition associated with Agent Orange? If so, you may be eligible for VA disability benefits. Every day, many West Virginia veterans who served in the Vietnam War are unjustly denied VA disability benefits for health issues related to Agent Orange.
This is attributed to the fact that filing a claim with VA for Agent Orange exposure is complicated, and most affected veterans are not well-informed about it. As a result, it’s recommended that you work with a West Virginia Agent Orange exposure lawyer to ensure that your appeal is correctly handled.
A West Virginia Agent Orange exposure lawyer can help you obtain compensation for your health condition(s).
For a free legal consultation with a va disability lawyer serving West Virginia, call 1-888-392-5392
How to Receive VA Disability Compensation for Agent Orange Exposure
To obtain disability compensation for Agent Orange exposure, you must submit evidence to establish a service connection for your condition. This evidence usually includes private medical records, VA medical records, military records that prove service in Vietnam, and lay statements.
A lawyer can help you gather these documents and even schedule a Compensation and Pension (C&P) exam to validate your claim.
Demonstrating service connection for Agent Orange exposure requires proof of the following:
- A current medical diagnosis of a health condition that VA recognizes to be associated with Agent Orange exposure
- An in-service event, illness, or injury
- A medical nexus linking the health condition to the in-service event, illness, or injury
Presumptive Service Connection
VA can also presume exposure to Agent Orange or a link between a specific disability and in-service exposure for some veterans. This presumptive policy makes it easier to establish a service connection and obtain VA disability benefits.
The following are the health conditions that make you eligible for presumptive service connection from VA for Agent Orange exposure:
- Multiple Myeloma
- Hodgkin’s lymphoma
- AL Amyloidosis
- Diabetes Mellitus Type 2
- Parkinson’s disease
- Prostate cancer
- Respiratory cancers, including lung cancer
- Soft tissue sarcomas
- Porphyria Cutanea Tarda
- Ischemic heart disease
- Non-Hodgkin’s Lymphoma
- Chloracne
- Peripheral neuropathy
- Chronic B-cell Leukemia
- Birth defects such as missing parts of limbs, lupus, Crohn’s disease, thyroid disease, chronic kidney disease, and webbed toes
- Bladder cancer
- Hypothyroidism
- Parkinson’s-like symptoms
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What Benefits Do West Virginia Veterans Exposed to Agent Orange Qualify For?
West Virginia veterans exposed to Agent Orange during the Vietnam War qualify for benefits from VA. These benefits include:
- Military identification cards
- Special Monthly Compensation (SMC) amounting to $3,332.06
- Dependents Education Assistance Program
- Medical, mental, and dental health care from VA’s healthcare facilities
- A grant from VA to help construct or purchase a home that suits the veteran’s needs
- Emergency healthcare outside of VA
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When You’re Denied Agent Orange Exposure Disability Benefits in West Virginia
As a veteran, if your Agent Orange exposure claim ends up in denial from VA, it doesn’t end your case. You can always appeal the decision and stand a chance to obtain VA disability compensation. However, Agent Orange exposure appeals can be complex, especially if it’s your first time filing for VA disability benefits.
Sometimes, these appeals can last for years, involving a lot of paperwork. If your claim ends in denial, it helps to hire a West Virginia Agent Orange exposure lawyer to handle your appeal.
The decision review process involves these three lanes:
- Higher-Level Review: You can request a review of your current supporting documents and records from a senior VA employee
- Supplemental Claim: You can opt to submit updated and relevant evidence as part of your supplemental claim
- Notice of Disagreement (NOD): You can also opt to file a NOD with the Board of Veterans’ Appeals
If your Agent Orange exposure claim ends in another denial from VA, you have the right to appeal the decision once more.
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How Much Does It Cost to Hire an Agent Orange Exposure Lawyer in West Virginia?
VA regulates the lawyers who can represent you and how much payment they receive after the appeal. As a veteran, you need to understand that Agent Orange exposure lawyers in West Virginia should only charge you for their services based on the compensation recovered after the appeal.
Additionally, these lawyers cannot receive any percentage of VA disability benefits. West Virginia Agent Orange exposure lawyers usually take fees amounting to 20% or below. Any amount exceeding 33% of the total compensation is deemed unreasonable.
Connect With a West Virginia Agent Orange Exposure Lawyer Today
West Virginia veterans exposed to Agent Orange during the Vietnam War are entitled to receive monthly compensation and other benefits. These benefits and compensation are meant to support affected veterans and their dependents, especially if they have trouble finding or keeping meaningful jobs.
If VA denies your Agent Orange exposure claim, connect with a disability lawyer to help with your appeal. These lawyers know how to secure compensation for affected veterans. Call us today for a free consultation.
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