Agent
Orange exposure outside Vietnam
In regard to Agent Orange exposure in Korea, most claims are denied. A Veterans Health Administration
Directive (2000-027 dated 9-5-2000) indicated that some 21,000 gallons of Agent Orange were sprayed in Korea between 1968
and 1969 in an area from the Civilian Control Line to the southern boundary of the Demilitarized Zone. Only Republic of Korea
troops were involved in the actual spraying. However, elements of the American 2nd and 7th Infantry divisions were deployed
on four-month rotations up to the DMZ from April, 1968 to July, 1969. A rating specialist will need to obtain your military
201 Claims File to determine if you were in the affected areas. If no record is found in the 201 Claims File, the rating specialist
will attempt to obtain Unit Histories and/or Morning Reports. If no verification is found, the claim will be denied.
Can
you prove your case with evidence from the Internet?
Sometimes veterans deluge the rating specialist with pages of Internet evidence
that was used to obtain approval for another veteran’s claim. These decisions are considered general in nature and specific
only to that particular veteran’s case. They are also not precedent-setting for any other veteran’s claim, and
will result in a denial of your claim.
On the other hand, such Internet sites may prove helpful in locating witnesses.
For example, your claim may be strengthened by the statement of a veteran who was on the ground in Vietnam, and can testify
that you were there, too. Check out these sites, and don’t be afraid to post to them if your are looking for military
buddies.
Effects of Agent Orange on children
Claims for spina bifida in children of veterans who served in
Vietnam is another area of paramount importance. Spina bifida is a serious birth defect. These claims are handled only by
the VA Regional Office in Denver, Colorado. If your son or daughter is affected with spina bifida, you can apply for benefits
at any regional office, and your claim will then be transferred to the Denver office.
Claim denied
or delayed? Don’t give up.
If your
claim for Agent Orange residuals is denied, do not lose hope! First of all, read the letter the VA sent you, and look specifically
at the reasons why your claim was denied. Next, send a one-sentence letter to the VA stating you disagree with the decision.
This protects your appeal rights; but your letter must be received within one year of the VA denial letter. In your letter,
you can submit any additional evidence you feel is relevant to your claim, or any information the VA requested but you failed
to send.
Since the VA appeals process is a precise yet often difficult process to understand, I would strongly
advise contacting a local service organization for help. One of their service representatives will explain exactly why your
claim was denied, and will help you process your appeal. Sometimes, it’s as simple as not sending in that one piece
of information you thought was a waste of time. So don’t lose hope.
The grant of an Agent Orange disability
is often a satisfying conclusion to a long, drawn-out struggle. The grant is satisfying to you, the veteran, but it is equally
satisfying to the rating specialist. It always gave me great pleasure to prepare a rating granting this benefit.
In
essence, it helps fulfill the legacy of Abraham Lincoln, when he said, “To bind up the wounds; to care for him who shall
have borne the battle, and for his widow, and his orphan – to do all which may achieve and cherish a just and lasting
peace, among ourselves, and with all nations.”
Ray Gustavson served with the U.S. Army in Vietnam, and is a retired VA Rating
Specialist. He is currently working on a novel about the Civil War, and also is writing a self-help book for veterans who
want to better understand the complexities of the VA claims process.
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