Presumptive Exposure To Agent Orange
Presumption of service connection, as outlined by the Agent Orange Act of 1991, requires VA to assume that veterans who served during certain time periods and locations were exposed to Agent Orange. In relation to Parkinsons Disease, veterans who served in the following locations and later developed Parkinsons Disease do not have to prove that their condition is related to service:
- Veterans with boots on the ground, those serving on inland waterways in Vietnam, and Blue Water Navy veterans between January 9, 1962 and May 7, 1975
- Veterans who flew or worked in C-123 aircraft during the Vietnam War era and
- Veterans who served along the Korean Demilitarized Zone between September 1, 1967 and August 31, 197
VA also assumes service connection based on agent orange exposure for the following conditions, in addition to Parkinsons Disease:
- Respiratory Cancers, including Lung Cancer
- Soft Tissue Sarcomas
Veterans With Parkinsons Disease
When you need skilled legal representation, contact VetLaw An experienced attorney can answer your questions regarding claims benefits. To learn more about how our lawyer can help or to seek legal guidance, contact us by phone or by completing our convenient online contact form. We maintain offices in Winston Salem and Charlotte for the convenience of our clients.
Parkinsons Disease & Agent Orange
Agent Orange continues to cause problems for veterans of the Vietnam War. Now it has been linked to the development of Parkinsons disease too.
Agent Orange, and other toxic herbicides, have been found to affect the development of Parkinsons disease. During the Vietnam War, Agent Orange was sprayed on jungle foliage to thin it out so snipers could be seen. One of the active ingredients in Agent Orange is dioxin, and dioxin is known for its linkage to the development of multiple health problems, including Parkinsons.
Three new presumptive conditions have been added to the list of illnesses veterans may develop as a result of being exposed to Agent Orange. The development of the disease is presumed to be a result of exposure to dioxin. Bladder cancer, hypothyroidism, and Parkinsons are the three newest presumptive conditions related to Agent Orange exposure. If you filed a claim with the VA and were denied in the past, your claim will automatically be reviewed again.1
Parkinsons disease is a progressive nervous system disorder that affects movement.2 Symptoms develop gradually, over a period of years, and may include rigidity of the face and limbs, along with gait and balance issues. Although the disease cannot be cured at this time, treatment can help. The earlier treatment is started, the better.
1 American Parkinsons Disease Association, 2022.2 Mayo Clinic, 1998-2022. Parkinsons disease.
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Agent Orange Exposure: A Must Read For Every Vietnam
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Our full understanding of the health impacts of Agent Orange has expanded over the years. So, too, has the VAs official position on which diseases are caused by Agent Orange, and who is eligible for disability benefits. Yet 50 years since the end of the Vietnam War, some veterans are still waiting to get benefits for Agent Orange exposure.
In 2021, three new conditions bladder cancer, hypothyroidism, and Parkinsonism were added to the Agent Orange presumptive benefits list. That increased the disability payments of thousands of Vietnam-era veterans. But hypertension and dementia, which researchers say are connected to Agent Orange exposure, are not yet compensable conditions.
In 2020, a Congressional Act made Blue Water Navy veterans eligible for Agent Orange benefits. The VA had previously denied these veterans, who operated along Vietnams waterways. Veterans who served in Thailand and reservists who handled Agent Orange on a handful of U.S. Air Force bases are also presumed to have been exposed. One site of toxic exposure that still goes unacknowledged is Guam. Vietnam-era veterans stationed in Guam used Agent Orange to clear brush around bases. And despite suffering from the same raft of illnesses as their counterparts in Vietnam, these veterans arent granted the same presumption of service-connection.
How Much Does Va Pay For Parkinsons
The VA provides disability compensation for veterans with Parkinsons disease. The amount of compensation depends on the severity of the disability. It can be as much as $3,332.06 per month for a veteran with severe Parkinsons .
In addition to disability compensation, the VA also provides health care and other benefits to veterans with Parkinsons disease.
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Wednesday, October 20, 2021
In 2010, the VA added Parkinsons disease to its list of conditions which are presumptively linked to Agent Orange exposure. This addition to the official list of presumptive conditions followed the usual route, whereby the Secretary of VA considered scientific studies and concluded there was enough of an association between Agent Orange and Parkinsons disease to warrant a presumption. The VAs final rule was effective August 31, 2010.
https://lawprofessors.typepad.com/veterans_law/2021/10/congressional-action-expands-agent-orange-presumption-beyond-parkinsons-disease-to-include-parkinson.html
Va Disability Benefits For Agent Orange
How do you qualify for Agent Orange benefits? For the conditions above, you may not need to prove a service connection. However, you will need to provide the VA with medical evidence of your diagnosis so it can evaluate your condition and give you a relevant disability rating.The VA has a long list of illnesses and diseases related to Agent Orange exposure that are eligible for disability compensation. The VA wants to make it easy for Veterans with an approved illness to get the disability compensation they deserve.Update: In May, 2021, the VA made it even easier for veterans to get the help they need.
The VA has added 3 new presumptive conditions related to Agent Orange exposure. Veterans and survivors with these presumptive conditions are now also eligible for benefits:
The good news is that you don’t have to file anything to claim these new benefits. If the VA denied your claim in the past for any of these conditions, you will receive a notification that your case is once again under review.
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Was Your Va Disability Claim For Parkinsons Disease Denied
If VA denied your claim, the veterans disability team at Chisholm Chisholm & Kilpatrick LTD may be able to assist you. Whether you are filing an initial claim, appealing a denial of benefits, or seeking an earlier effective date, an accredited attorney from CCK may be able to guide you through the process. For more information, as well as a complimentary case review, contact us online or at 800-544-9144.
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Orthopedic Problems Related To Parkinsons Disease
While Parkinsons Disease is a neurological disorder, it can quite frequently cause orthopedic problems. Falls from Parkinsons are frequent, both from the movement symptoms as well as the orthostatic hypotension noted above. As Parkinsons frequently attacks the elderly, their bones may be brittle and easily break during a fall. To make matters worse, Parkinsons sufferers have an increased risk of developing osteoarthritis and osteoporosis. This is believed to be due to a loss of bone mass resulting from the fact that PD sufferers tend to move around a lot less than non-sufferers.
In those sufferers who have had severe falls or needed spinal or other surgery, the tremors associated with Parkinsons often severely affect recovery, or make total recovery nearly impossible. A cast is designed to reduce movement of a recovering limb involuntary tremors are not helpful in this regard.
Psychiatric Problems and Parkinsons Disease
Both Parkinsons itself, as well as the medications used to treat it, can have severe psychiatric effects that can often be extremely debilitating. Dementia is common, and PD sufferers often experience cognitive problems, attention problems, as well as depression, anxiety, and even psychosis.
Other Issues related to Parkinsons Disease
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More Questions About Getting Benefits
We added these conditions to the presumptive condition list in 2021.
If we denied your claim for any of these conditions in the past, well automatically review your case again. You dont need to file another claim. Well send you a letter to let you know were reviewing your case.
If we denied your claim because we determined that your disability wasnt causedor made worseby your active-duty service, you can file a new claim based on the change in the law.
In certain cases, if we approve your claim, well pay you back to the date when you submitted your original claim. We refer to this as retroactive payment.
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New Ongoing And Published Research
In 2001, VA created six specialized centers to provide Veterans state-of-the-art clinical care, education, research, and advocacy for Parkinson’s disease.
Known as the Parkinson’s Disease Research, Education, and Clinical Centers , they are located in Philadelphia, Richmond, Virginia, Houston, Los Angeles, San Francisco, and the Seattle/Portland area. The centers also provide comprehensive diagnosis and treatment services for other movement disorders, including essential tremor, restless leg syndrome, dystonia, Lewy body disease, progressive supranuclear palsy, multiple system atrophy, and corticobasal degeneration.
Researchers at these sites are studying the biochemical pathways involving dopamine and testing a variety of treatment approaches for PD, including medication, surgery, and electrical stimulation. Biomedical and clinical studies on PD are ongoing at many other VA sites as well.
If you are interested in learning about joining a VA-sponsored clinical trial, visit our research study .
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Getting Disability Benefits For Service
To get benefits for dementia, the veteran must prove, through medical records, that the dementia is service-connected.
If the veteran suffered a Traumatic Brain Injury in service, or was diagnosed with PTSD or depression after they came home, their risk for developing dementia is much higher, and is therefore likely to be service-connected.
The connection between Agent Orange exposure and dementia is less well understood, but research does show a correlation. A study published in 2021 in the Journal of American Medicine found that veterans exposed to Agent Orange are twice as likely to be diagnosed with dementia, compared with veterans who were not exposed. Thats a very significant new finding. If more research affirms these findings, it will be much easier for veterans who developed dementia as a result of Agent Orange exposure to win their disability claims and get the benefits they earned.
Va Disability Compensation Benefits For Parkinsons Disease
If you are a veteran diagnosed with Parkinsons, you may be eligible for several VA benefits, including disability compensation, health care, and vocational rehabilitation and employment.
In 2020, VA and the Parkinson Foundation formed a partnership to improve the health and well-being of Veterans living with PD. The collaboration is designed to ensure Veterans living with PD have access to the information and resources they need to better manage their health.
The partnership has three primary goals: to increase access to PD information, resources, and providers educate Veterans and providers on PD management and best practices and help Veterans navigate Parkinsons-related health and social services.
To receive benefits, you will need to file a VA claim and get service-connect for this condition.
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The Disabling Symptoms Of Parkinsons Disease
PD is generally caused by a deficiency of dopamine, a neurotransmitter in the brain. The lack of dopamine disrupts a persons movement and coordination.
The main motor symptoms include:
- tremor in the hands, arms, legs, jaw, or head
- muscle rigidity of the limbs and trunk
- impaired coordination and balance, including posture, gait, and mobility.
Other symptomswhich on their own, severely damage ones quality of lifeinclude pain, confusion, fatigue, sleep disturbances, depression, anxiety, urinary problems, difficulty swallowing, speech problems, and cognitive changes. Advanced PD can result in severe dementia.
There is no single test that concludes a person has Parkinsons disease. Diagnosis is based on an ongoing medical history, the patients symptoms, neurological and physical exams, and medical tests and scans targeting Parkinsonian Syndrome.
Va Benefits For Parkinsons
Veterans who were exposed to Agent Orange while in service are entitled to disability compensation for their disabilities. To be eligible, a Veteran must have served in Vietnam, the Korean demilitarized zone, or another area where Agent Orange was sprayed.
Veterans can receive a minimum VA rating of 30% for Parkinsons. However, Veterans are often entitled to a rating higher than 30%. If you would like to appeal your VA rating for Parkinsons disease, contact Berry Law. Our team has helped thousands of Veterans successfully appeal their rating decision.
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Parkinson’s And Agent Orange
herbicidedefoliantherbicidal warfareexposed to herbicides during military servicedisability compensationhealth careVA specialty care for Parkinson’s diseaseAgent Orange registry health examsurvivors’ benefitstooth cracks14 conditions related to herbicide exposurePending Agent Orange legislation for 117th Congress :S.657H.R.2269A bill tH.R.3967The Honoring Our Promise to Address Comprehensive Toxics Act, or the Honoring Our PACT Act. Based on 15 individual bipartisan toxic exposure bills, this is the most comprehensive toxic exposure bill ever considered in Congress.H.R.8585
Camp Lejeune Contaminated Water Exposure And Parkinsons Disease
VA has established a list of presumptive conditions, including Parkinsons Disease, for service members that served at Camp Lejeune for at least 30 cumulative days from August 1, 1953 through December 31, 1987. Therefore, Camp Lejeune veterans do not need to prove that their Parkinsons Disease is connected to their military service.
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What Is Va 38 Cfr
You may have heard of VA 38 CFR if youre a veteran. But what is it? VA 38 CFR is the Veterans Affairs Code of Federal Regulations. It contains laws and regulations governing the VA, including how veterans provide benefits. The regulations in VA 38 CFR are designed to ensure that veterans receive the care and benefits they need and deserve.
They cover a wide range of topics, from eligibility for benefits to the types of care and services the VA provides. If you have any questions about your benefits or the care youre receiving from the VA, you can always refer to VA 38 CFR.
How To Win A Parkinsons Disease Va Rating
If you are a veteran with Parkinsons, you may be wondering how to win a Parkinsons disease VA rating.
Even if you have a Parkinsons diagnosis from a civilian doctor, the VA will still require you to provide additional evidence to justify a Parkinsons disease VA disability rating.
If youre not approved or feel like your disability rating is too low, you have the right to appeal the decision. The appeals process can be complex, so seeking expert help is advisable.
Winning a Parkinsons disease VA rating can be challenging, but its possible with the right evidence and support.
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Parkinsons Disease And Traumatic Brain Injury
Traumatic brain injury occurs when brain function is disrupted by a traumatic event such as an IED blast, a gunshot wound, a car accident, etc. Rates of TBI among service members have increased substantially since the Iraq and Afghanistan wars.
VA diagnoses a veterans TBI as mild, moderate, or severe based on the severity of his or her symptoms. Importantly, if Parkinsons Disease develops at any point following a moderate or severe TBI, the veteran will be presumptively service-connected for it.
Secondary Service Connection For Disabilities Caused By Parkinsons Disease
Parkinsons Disease, while a neurological movement disorder, may affect other systems of the body which can lead to additional disabilities. In the instance of Parkinsons Disease, a secondary service-connected disability would be a disability that was caused by the Parkinsons Disease, once it has been deemed service-connected.
Below are some conditions which may be considered secondary to Parkinsons Disease:
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Parkinsons Disease From Agent Orange Exposure
Berry LawVeterans Disability
Veterans who served in Vietnam, Korea, or Thailand may have been exposed to Agent Orange. Agent Orange is a chemical defoliant that the US military used during the Vietnam War to remove foliage that provided cover for the enemy. The negative side effects of Agent Orange exposure are widely publicized, and many Veterans who were subject to Agent Orange are dealing with consequences today.
In fact, the disabilities Veterans are dealing with today due to Agent Orange exposure are so prominent that the Department of Veterans Affairs created a list of illnesses they presumed to be caused by the herbicide. One of those illnesses is Parkinsons disease.
Va Benefits Available For Parkinson’s Disease
VA disability benefits provide cash compensation and access to medical care. The VA uses 38 CFR § 4.124a Schedule of Ratings, Neurological Conditions, and Convulsive Disorders, Diagnostic Code 8004 to rate Parkinson’s disease, and the condition has a minimum disability rating of 30%. Residuals such as difficulty swallowing , speech problems , and bladder incontinence will increase a Veteran’s disability rating.
Total Disability Individual Unemployability benefits provide compensation at the 100% rate when a Veteran is no longer able to maintain substantially gainful employment due to their condition. To be eligible for TDIU, a Veteran must have a single service-connected disability rated 60% or higher. If they have multiple service-connected disabilities, they must have a combined rating of 70% or higher with one service-connected disability that is rated 40% or higher.
Parkinson’s disease can’t be cured, but medication and lifestyle changes can help manage symptoms. Surgical treatments such as deep brain stimulation may be beneficial in some cases as well. However, as a Veteran’s condition progresses, they may no longer be able to live independently. If this happens, Aid and Attendance benefits can be used to help pay for the cost of nursing home care.
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