The Effects of Toxic Exposure Don't Always End When Military Service Does.
For decades, Veterans have developed serious health conditions after exposure to Agent Orange, burn pits, and other toxic substances during military service.
Many were initially denied VA disability compensation because they could not establish a direct connection between their medical conditions and military exposure.
Federal laws, including the PACT Act, have expanded eligibility for certain Veterans by recognizing additional presumptive conditions and qualifying service locations.
But expanded eligibility doesn't mean every claim is automatically approved or correctly rated.
Agent Orange: Your Service Location and Diagnosis Matter
Veterans exposed to Agent Orange and other tactical herbicides may qualify for presumptive service connection for certain medical conditions.
These include, among others, ischemic heart disease, diabetes mellitus type II, prostate cancer, Parkinson's disease, hypertension, and certain other cancers and illnesses.
We review military service records, deployment history, diagnoses, and prior VA decisions to determine whether the Veteran qualifies for presumptive service connection.
We also consider whether complications of an already service-connected condition, such as diabetic peripheral neuropathy, may warrant additional disability ratings.
Burn Pit Exposure and the PACT Act
The PACT Act significantly expanded presumptive service connection for Veterans exposed to burn pits and other toxic substances in certain locations.
Qualifying conditions include certain respiratory illnesses, such as asthma, chronic bronchitis, chronic sinusitis, COPD, and various cancers.
However, not every toxic exposure claim qualifies for a presumption. Eligibility depends on factors including the Veteran's service history, diagnosis, and the applicable law.
We evaluate whether the VA properly applied the presumptive provisions and, where appropriate, whether the evidence supports service connection on another basis.
Explore Your Legal Options
Call NowYour Condition Isn't on the Presumptive List. Now What?
A medical condition does not necessarily have to appear on a presumptive list to qualify for VA disability compensation.
Veterans may still establish service connection through evidence demonstrating that a disability is related to toxic exposure during military service.
These cases may require medical opinions, scientific literature, service records, and a careful analysis of the Veteran's individual exposure history.
We also evaluate whether VA properly considered the Veteran's toxic exposure risk activities when obtaining medical examinations and opinions.
Previously Denied? Your Claim May Deserve Another Look.
A claim denied years ago may warrant reconsideration under current law, particularly if VA now recognizes the condition as presumptively associated with the Veteran's service.
We review prior decisions to determine whether a Supplemental Claim or another available appeal option is appropriate.
We also examine whether the correct effective date has been assigned. The PACT Act and other laws governing presumptive service connection contain specific effective-date provisions, and eligibility for retroactive benefits depends on the circumstances.
An earlier denial does not necessarily mean you have exhausted your options.
Denied benefits for a condition associated with Agent Orange, burn pits, or another toxic exposure? Contact Anderson & Graham to discuss whether the decision can be challenged."