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.
| Page 1 | Page 2 | Page 3 | Page 4 |