Agent Orange Attorney in Denver, Colorado
Agent Orange remains one of the most significant toxic exposures tied to U.S. military service, with long-lasting consequences for veterans and their families. Its use during the Vietnam War and related operations has led to numerous health conditions now recognized by the Department of Veterans Affairs (VA).
Over the years, Congress and the VA have expanded presumptive conditions and exposure categories, but many veterans still face hurdles when filing for disability benefits. Understanding the history, laws, and eligibility rules around Agent Orange exposure is crucial for those seeking compensation.
At Anderson Graham, LLC, we assist veterans in our area with the complex process of filing VA disability claims related to Agent Orange exposure. Our firm understands the challenges of proving service connection, especially for veterans whose exposure occurred outside the presumptive zones or under disputed circumstances.
By combining in-depth knowledge of VA disability law with a dedication to serving Colorado veterans, we aim to assist clients through every step of the claims and appeals process. Located in Denver, Colorado, we serve clients throughout Lakewood, South Denver, Washington Park, Glendale, Cherry Creek, Central Park, Park Hill, Union Station, and Wheat Ridge. If you have been exposed to Agent Orange, contact us today to schedule a free consultation.
Agent Orange & Colorado Law
Agent Orange was a tactical herbicide used extensively by the U.S. military during the Vietnam War to remove dense vegetation and expose enemy positions. It contained dioxin, a highly toxic compound now known to cause severe health effects.
Veterans exposed to Agent Orange have developed conditions ranging from cancers and heart disease to diabetes and neurological disorders. Since proving a direct medical link between service exposure and later illness is often difficult, VA disability law provides presumptive service connection for many conditions linked to Agent Orange exposure.
The Agent Orange Act of 1991 established that certain diseases would automatically be considered service-connected for veterans who served in qualifying locations during the Vietnam era. Over the years, the presumptive list has expanded as scientific evidence has grown, and more recently, the PACT Act has added conditions like hypertension and MGUS to the list of covered illnesses.
Where Presumptive Exposure Applies
The presumption of exposure to herbicides like Agent Orange is most commonly associated with specific geographic locations and service periods, particularly in Vietnam and nearby regions.
Vietnam and the surrounding areas: Any veteran who served on the ground in Vietnam or within its inland waterways between 1962 and 1975 is presumed to have been exposed. Additionally, the Blue Water Navy Act of 2019 extended the presumption to those who served on ships within 12 nautical miles of Vietnam’s shoreline.
C-123 aircraft exposure: After the war, contaminated C-123 aircraft were used by reserve units stateside. Veterans who worked around these planes are also presumed to have been exposed, regardless of their location.
Other locations: The VA has recognized limited exposure in areas like the Korean DMZ and specific bases in Thailand. However, most domestic bases in the U.S., including Colorado’s Rocky Mountain Arsenal, aren’t on the presumptive list.
Suffering from Agent Orange Exposure?
Contact UsPresumptive Conditions Under VA Disability Law
For veterans, the most important part of Agent Orange–related disability law is the presumptive conditions list. This list includes multiple illnesses, including:
Cancers: Hodgkin’s disease, non-Hodgkin’s lymphoma, multiple myeloma, soft tissue sarcomas, prostate cancer, bladder cancer, respiratory cancers.
Other illnesses: Type 2 diabetes, ischemic heart disease, hypothyroidism, chloracne, AL amyloidosis, Parkinson’s disease, Parkinsonism, early-onset peripheral neuropathy, porphyria cutanea tarda, and more.
PACT Act additions: Hypertension and MGUS (monoclonal gammopathy of undetermined significance).
If a veteran is diagnosed with one of these conditions and can demonstrate qualifying service in a recognized exposure area, the VA will presume the illness is service-connected. This dramatically simplifies the claims process compared to veterans who must establish a direct nexus between service and illness.
The Claims Process for Agent Orange Exposure in Colorado
If you have suffered an illness due to exposure to Agent Orange and your condition is included on the presumptive conditions list, you are likely eligible to file a claim with the VA. The claims process involves several key steps, beginning with the initial submission of your application for benefits.
Consult an attorney: Since the process is often long and frustrating, veterans typically benefit from legal counsel. An experienced Agent Orange lawyer can help you collect evidence, coordinate medical opinions, and present your case effectively before the VA and Board.
File a claim: You can file a claim online at VA.gov, by mail, or in person at a regional office. The claim should include medical evidence of your diagnosis, service records demonstrating your presence at the claimed location, and supporting statements from fellow service members, if available. Submitting a thorough and well-documented claim lays the groundwork for a stronger case.
VA review: The VA board will review your claim. The VA will often deny any cases that don’t meet presumptive standards. Non-presumptive claims are particularly vulnerable at this stage.
Submit an appeal: If your claim is denied, you can file a supplemental claim with new evidence, request a higher-level review by a senior VA adjudicator, or appeal directly to the Board of Veterans’ Appeals.
Pursuing a Claim Without Presumptive Exposure
Since no presumptive exposure sites exist in Colorado, most Agent Orange–related claims fall under factual exposure. This means that Colorado veterans who develop conditions that are not included on the presumptive list must prove exposure, usually with substantial evidence and expert testimony. The key steps you should follow in this situation include the following.
Establish the medical condition: You must have a diagnosis of a recognized Agent Orange–related disease.
Prove exposure: This is the most challenging step. You must provide evidence that you were exposed to Agent Orange or other toxic herbicides. This can include unit records, environmental reports, witness statements, or official documentation of herbicide use.
Nexus opinion: A medical professional must provide a reasoned opinion connecting your condition to the claimed exposure. These nexus letters are critical in non-presumptive cases.
Submit claim and appeal if necessary: Since the VA often denies non-presumptive claims initially, you should be prepared to appeal and present additional evidence.
With persistence, credible evidence, and the proper legal support, you can still pursue the benefits you could be entitled to even without presumptive exposure.
Agent Orange Attorney Serving Denver, Colorado
Agent Orange exposure has caused devastating health problems for thousands of veterans across the country. For those in Colorado, the lack of presumptive recognition for domestic bases makes claims more challenging but not impossible.
Veterans who develop Agent Orange–related conditions still have options under VA disability law. However, they must approach their cases with more substantial evidence and professional support.
At Anderson Graham, LLC, we’re committed to helping veterans pursue disability benefits. Whether your case involves presumptive service in Vietnam, possible C-123 aircraft exposure, or contested exposure at domestic bases, our firm will stand by your side.
Located in Denver, Colorado, we serve clients throughout Denver, including Lakewood, South Denver, Washington Park, Glendale, Cherry Creek, Central Park, Park Hill, Union Station, and Wheat Ridge. Contact us today to schedule a consultation.