Michigan Lawyer Blog
As most Michigan Veterans are aware, Agent Orange was not the only herbicide used in Vietnam. There was also Agent Purple, Agent Green, and Agent Pink, which were part of the “rainbow herbicides” used to defoliate the jungle of Vietnam Nam. Purple and Orange were also used in Canada.
Agent Purple was used before Agent Orange came on the scene, between 1962 and 1965.
Recent changes to the federal code of regulations governing VA benefit eligibility may allow Veterans exposed to herbicides to recover benefits due to exposure while in service. 38 CFR 3.309(e) states exposure to “herbicides”…not specifically to Agent Orange; therefore, exposure to Agent Purple should also be covered if the veteran served within the presumptive time frames covered in statute.
As a result, if you are a veteran and are now suffering from complications that you or your physician believe are related to exposure to herbicides used during the Vietnam era, you may be entitled to VA service connected benefits-EVEN if you previously made a claim and were denied benefits.
Another recent change to the law in August of 2010 opened the door to Veterans that suffer from over 30 itemized conditions that are now known as presumptive illnesses resulting from such exposure. Therefore, if you are a Veteran with a “presumptive illness” and have field a claim prior to August of 2010 and were denied, you most likely, can re-file for benefits from the date you filed your previous claim moving forward. Further, if you are a Veteran suffering form a presumptive illness and have never filed a claim it is now time to file.
We can help. Our attorneys are accredited with the VA. Please call SMDA P.C. at 1-866-529-ELDER; or locally, in Metro-Detroit (586) 264-3756 or West Michigan (616) 931-3670.
Related Posts: New VA Mobile App Makes Health Care More Accessible for Veterans, VA Expands Agent Orange Exposure List, Additional VA Benefits, VA Benefits 2016 Cost of Living Adjustment