What Military Records Will I Need To Submit
Youll need to submit your discharge or separation papers that show your time and location of service. These may include your DD214 or other separation documents.
For certain claims, you may also need more supporting documents.
For claims related to C-123 aircraft
Submit one or more of these forms:
To learn more, download our:
Opposition From Va Leadership Delayed Additions
WASHINGTON Having three new illnesses added to the list of conditions presumed related to Agent Orange exposure was a hard-fought battle by veterans advocates, who faced opposition and delays from VA leadership and federal budget managers.
The inclusion of bladder disease, hypothyroidism and Parkinsons-like symptoms was part of the $740 billion 2021 National Defense Authorization Act. Those bring the number of Agent Orange presumptive conditions to 17, though that total could grow in the near future.
The same month as these three conditions were added, a new study was released that links Agent Orange exposure to yet another illness being faced by Vietnam-era veteransdementia.
For years, evidence has been presented, demonstrating a link between exposure to the toxic defoliant and bladder disease, hypothyroidism and Parkinsons-like symptoms. A 2014 report from the National Academies of Science, Engineering and Medicine on the effects of Agent Orange found limited or suggestive evidence of an association with hypothyroidism and bladder cancer, and broadened the definition of Parkinsons disease, which was already recognized as a presumed condition, to include Parkinsons-like symptoms or Parkinsonism. In 2019, NASEM upgraded hypothyroidism and bladder cancer to sufficient evidence of an association.
Parkinsons And Traumatic Brain Injury
Traumatic brain injury occurs when brain function is disrupted by a traumatic event such as an IED blast, gunshot, car accident, etc. There has been a substantial increase in TBIs among service members since the Iraq and Afghanistan wars. The VA diagnoses a TBI as mild, moderate, or severe based on the severity of their symptoms.
If Parkinsons Disease develops at any point following a moderate or severe TBI, the veteran will be presumptively service-connected for it.
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Is Paraquat Banned In The United States
While many countries in the world have banned paraquat, in the United States, the weed killer is still in use on many farmlands sprayed with the deadly weed and grass killer.
There are no federal or state laws that ban consumers from buying or using paraquat. However, no one can sell the chemical to anyone under 18. In addition, the US Department of Transportation restricts the herbicide to transport on public roadways because of its toxicity.
In the United States, multiple states have issued a ban on paraquat for any agricultural purpose. Using paraquat as an active ingredient against plants and vegetation is illegal.
Two of the states that have banned paraquat:
Although paraquat has been banned in some states, it is still legal in other states. In the states where paraquat is still legal to use and purchase, federal agencies have restricted its transportation on public roadways due to toxicity concerns.
The paraquat lawyers at Rosenfeld Injury Lawyers represent victims harmed by the toxic chemical, including those diagnosed with Parkinsons disease.
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Chemical Exposure & Parkinsons Disease
Of the chemicals that have been most suspected risk factors for Parkinsons, TCE holds the most proof of causing Parkinsons. A colorless, non-flammable halocarbon, trichloroethylene dissolves most fixed and volatile oils. It is a powerful solvent action for fats, greases, waxes, oils, and tars. Type 1 TCE is used in dry-cleaning and for general solvent purposes. Type 2 TCE is used for vapor degreasing of metals. Over 90 percent of TCE is consumed by the metal degreasing and dry-cleaning trades.Studies of discordant twins, as well as experiments in laboratories, have shown that people chronically exposed to TCE were more likely to develop Parkinsons than the those who had not.
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Why Is Presumption Of Service Connection So Important
Presumptive service connection is important because it allows the VA to skip the nexus requirement, meaning you dont need a doctor to say that all your symptoms stem from a particular event or events that occurred during your deployment overseas. In other words, it cuts through a layer of red tape. The requirements for presumptive service connection for Vietnam veterans are as follows:
- You qualify as a Vietnam War veteran
- You served in Vietnam or its waterways
- You suffer from a qualifying chronic disability
- The disability first arose during your time of active overseas deployment, or has been at least 10% disabling since you returned from service
If you believe you were exposed to Agent Orange and you developed a cancer or another serious illness that is not on the presumptive benefits list, you may still be eligible for benefits. Contact a VA-certified claims expert at the Rep for Vets today to help you get the benefits you earned.
Veterans with PTSD are at very high risk for sleep apnea. Learn how to connect your PTSD and sleep apnea to get the benefits you earned. Read more »
Va Benefits For Parkinson’s Disease
Veterans with Parkinsons disease who were exposed to herbicides during service may be eligible for disability compensation and health care. Learn about VA specialty care for Parkinson’s disease.
Veterans who served in Vietnam, the Korean demilitarized zone or another area where Agent Orange was sprayed may be eligible for a free Agent Orange registry health exam.
Surviving spouses, dependent children and dependent parents of Veterans who were exposed to herbicides during military service and died as the result of Parkinson’s disease may be eligible for survivors’ benefits.
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What If My Disability Rating Isnt High Enough
The higher your disability rating, the more Agent Orange compensation youll receive from the VA. This is why its important youre given an appropriate rating that reflects how much Parkinsons disease affects your ability to work and quality of life. If your disability rating from the VA is too low, request an appointment with one of our veterans attorneys. Theyll be able to help you collect and present the evidence you need to appeal the VAs decision.
A lot of veterans dont realize they can receive compensation for secondary disabilities, which are caused or worsened by service-connected conditions. For example, you may compensate for an injured leg by using the other leg more. Over time, the extra stress on your healthy leg can lead to injuries. Likewise, veterans with Parkinsons disease are more likely to develop cardiovascular problems and other secondary conditions.
Our attorneys know that filing a claim for secondary disabilities can help raise your overall rating. Schedule an appointment with our law firm today to get started!
Our VA disability lawyers in Kalamazoo, MI have years of experience working with veterans and their families. To request a free case evaluation, call the VA Disability Group at VET-LAWS.
How To Win Disability Benefits With Parkinsons Disease
April 19, 2021 By Jeremy Schooley
A diagnosis of Parkinsons disease can be life-changing. Parkinsons usually begins gradually and worsens over time. It is episodic and unpredictable. Symptoms are both obvious and hidden, and many are often underdiagnosed.
As it often advances into stages of disability and loss of independence, Parkinsons disease forces many people to stop working. If this is your situation, you may be eligible for vital disability benefits for Parkinsons disease, through the Social Security Administration , from private insurers, or from the Department of Veterans Affairs .
What many claimants are shocked to learn is that most disability claims based on Parkinsons disease are initially deniedsometimes in error, sometimes due to insufficient information, sometimes unfairly.
In this post, you will learn why many PD disability claims are denied, and how you can approach your claim most effectivelyso you can move forward to protect your rights and secure your rightful benefits.
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Benefits For Veterans Exposed To Agent Orange
Veterans with PD who were exposed to Agent Orange during military service and their families may be eligible for VA health care, disability, or survivor payments.7 VA offices and government websites can help locate available local services and forms needed to apply for medical, compensatory, and monetary benefits.
What Evidence Will I Need To Submit With My Claim
Youll need to submit these records:
- A medical record that shows you have an Agent Orange-related health condition, and
- Military records to show how you were exposed to Agent Orange during your service
If your condition isnt on the list of presumptive conditions, youll also need to provide at least one of these types of evidence:
- Evidence that shows the problem started duringor got worse because ofyour military service, or
- Scientific or medical evidence stating that the condition you have is caused by Agent Orange. Scientific proof may include an article from a medical journal or a published research study.
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Veterans With Parkinsons Disease
When you need skilled legal representation, contact VetLaw An experienced attorney can answer your questions regarding claims benefits. To learn more about how our lawyer can help or to seek legal guidance, contact us by phone or by completing our convenient online contact form. We maintain offices in Winston Salem and Charlotte for the convenience of our clients.
Who Is Lorenzo Gonzalez
He is known to be the eldest child of six offspring who grew upon the west coast of the United States. In 1966, he made his parents proud as he graduated from Jefferson High School prior to entering the San Antonio Community College. After three years, he joined the Navy as soon as he learned that he would be drafted anyway. By that, he was then sent into the Mekong Delta with the name of “river rat,” which is a nickname exclusive to the members of the River Patrol Force.
He underwent training as an electrician and worked as well for aircraft carriers within his three tours. In 1972, he was discharged from his service and returned to San Antonio where he started to work as a lineman in the Southwestern Bell Telephone Co. and married. He also didn’t waste any time whatsoever and enrolled at St. Mary’s University to later earn his electrical engineering degree in 1980. Due to his excellence, he was recruited right away by different companies, but in the end he chose to work for AT& T. He served this company for about 17 years right before he got laid off. After that, he decided to start his own firm that sells scanners and teaches software classes.
However, in the mid-2000s, he diagnosed early Parkinsons symptoms.
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Disability Ratings For Parkinsons Disease
Once you are awarded service connection for Parkinsons, the fight may not be over. This is mostly because of the VA disability claim and rating system the VA uses for Parkinsons. The minimum rating you can be awarded by the VA for Parkinsons disease is 30 percent, but if you fail to appeal that rating, you are potentially leaving thousands of dollars of benefits on the table.
The 30 percent rating is given to veterans who have the diagnosis of Parkinsons, and is basically acknowledging that they have the condition. What many veterans do not realize is that once you are service connected for Parkinsons Disease, you are entitled to service connection for all the other problems that the condition causes: talking, swallowing, walking, balance problems, using your hands, memory, concentration, depression, and many more. If you have Parkinsons, you are entitled to a separate rating for any condition that it causes. As you may guess, this can be a long list, especially as the disease progresses.
Agent Orange Registry Health Exam
Veterans who served during the Vietnam War era may also be eligible for an Agent Orange Registry Health Exam. This exam is free of charge. The purpose is to alert Veterans to possible long-term health problems that may be related to Agent Orange exposure during their military service.
Importantly, this exam is not a Compensation & Pension exam and is not required to receive VA benefits. The Agent Orange Registry Health Exam is based on the veterans recollection of service, not their military service records. VA notes that these exams can help them better understand and respond to the effects of Agent Orange.
Through the program, veterans may receive free lab tests and referrals to medical specialists for their Agent Orange-related symptoms.
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Agent Orange Effects And Presumptive Service Connection
The Agent Orange Act of 1991 established presumptive service connection for veterans who served during certain time periods in specific locations and have been diagnosed with one of the above conditions. In addition, the Honoring Our Promise to Address Comprehensive Toxics Act of 2021 expanded presumptions related to Agent Orange exposure to include additional locations and time periods.
Presumption of exposure means that veterans who served in these locations, at certain times, do not have to provide the typical elements to establish service connection. Unlike other claimants, they do not need to show evidence of an in-service event or injury leading to their condition.
Can A Person With Parkinson’s Get A Blue Badge
People with Parkinson’s can also qualify automatically for a Blue Badge if they receive the Higher Rate Mobility Component of Disability Living Allowance , or if they score sufficient numbers of points in key activities in their Personal Independence Payment assessments the benefit that replaces DLA.
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Parkinsons Disease And Agent Orange Exposure
In 2009 the VA added Parkinsons Disease to its list of presumptive conditions associated with Agent Orange exposure. This means that veterans who served in the following locations during the specified time periods and later developed it do not have to prove that their condition is related to service:
- Veterans with boots on the ground, those serving on inland waterways in Vietnam, and blue water Navy veterans between January 9, 1962 and May 7, 1975
- Veterans who flew or worked in C-123 aircraft during the Vietnam War era and
- Veterans who served along the Korean Demilitarized Zone between April 1, 1968 and August 31, 1971.
Service Connection For Parkinsons Disease
Some former service members may be eligible for direct service connection, meaning something happened in military service that caused your Parkinsons or the disease was first diagnosed or manifested during service. This service connection is not easy to prove and will almost always require an independent medical opinion to show that you were beginning to show signs of Parkinsons during service or a particular chemical you were exposed to caused the condition.
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Health Care Benefits For Agent Orange Exposure
Veterans with service-connected conditions related to Agent Orange may be eligible for specific health care benefits from VA.
Children of veterans who were exposed to Agent Orange may also be eligible for some healthcare benefits, specifically if they have one of the following birth defects:
In addition to having one or more of these conditions, the child must also be:
- The biological offspring of a woman Vietnam Veteran who served between February 28, 1961 and May 7,1975 and
- Conceived after the date on which the Veteran first entered the Republic of Vietnam.
Parkinsons Disease From Agent Orange Exposure
Berry LawVeterans Disability
Veterans who served in Vietnam, Korea, or Thailand may have been exposed to Agent Orange. Agent Orange is a chemical defoliant that the US military used during the Vietnam War to remove foliage that provided cover for the enemy. The negative side effects of Agent Orange exposure are widely publicized, and many Veterans who were subject to Agent Orange are dealing with consequences today.
In fact, the disabilities Veterans are dealing with today due to Agent Orange exposure are so prominent that the Department of Veterans Affairs created a list of illnesses they presumed to be caused by the herbicide. One of those illnesses is Parkinsons disease.
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Parkinsons Disease And Traumatic Brain Injuries
Additionally, a 2018 study published in Neurology, demonstrated an increased risk of Parkinsons disease and parkinson like symptoms from traumatic brain injuries the report used U.S. military and VAs databases to identify vets with TBIs to study.
Below, well get into certain environmental factors, such as occupational exposure to chemicals, that have been linked to Parkinsons.
Causes Of Parkinsons Disease
In spite of decades of study, the causes of Parkinsons have yet to be determined. Many experts say that Parkinsons is caused by a combination of genetic and environmental factors, but these vary case by case. Certain environmental factors, such as occupational exposure to chemicals, have been linked to Parkinsons.
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How To Prove Agent Orange Exposure
To receive VA disability benefits for Agent Orange symptoms and conditions, you must include the following evidence as part of your claim:
- A medical diagnosis of any of the presumptive conditions and
- Evidence that you served in a qualifying location during the timeframes listed above.
If your medical condition does not appear on the list of presumptive conditions, you may still be able to receive VA disability benefits due to Agent Orange exposure. However, you will need additional evidence to support your case:
- A current diagnosis of your medical condition and
- A link, or nexus, between Agent Orange and your disability. This usually requires an opinion from a medical professional.
Even if your doctor states that your current condition is due to Agent Orange exposure, VA may still deny your claim. If this happens, the team of veterans lawyers at Chisholm Chisholm & Kilpatrick LTD may be able to help.