VA’s New Agent Orange Rules Published Today

September 7, 2010 - The Department of Veterans Affairs (VA) is publishing their new and final rules on Agent Orange today. In addition to formally adding 3 new illnesses tenuously linked to Agent Orange exposure, the new rules give specific deadlines for when new disability claims can be filed. The 3 diseases that will now be considered presumptive are:  

• Parkinson's Disease;
• Hairy Cell along with other types of b-cell, chronic leukemia; and
• Ischemic Heart Disease.

Presumptive illnesses change the standards of proof veterans must demonstrate. If a veteran can prove they have been diagnosed with a presumptive illness and they were exposed to Agent Orange, they will not have to prove the two are connected in order to receive VA disability compensation. Veterans with the presumptive illness must demonstrate at least a 10% disability related to the disease as well.

Over the next 18 months the VA expects to receive thousands of disability claims related to these new rules regarding Agent Orange exposure. Vietnam veterans are expected to file approximately 150,000 claims alone. The VA expects to field approximately another 90,000 claims from those veterans who have had previous claims rejected and want a review under the new rules.

Ischemic Heart Disease specifically, has drawn fire from quite a few lawmakers. These lawmakers believe the VA should not be compensating for this particular disease because it is more likely to develop from age than exposure to Agent Orange or other defoliants. VA Secretary Eric Shinseki will testify as to this issue in the coming month.

The VA insists these new rules are rooted in credible scientific research and not lobbying groups insisting on the change. This is what VA Sec. Shinseki will use to support the new rules against congressional attacks assured to happen.