On January 29, 2019, the United States Court of Appeals for the Federal Circuit passed a new law in late January that will now allow veterans who served within twelve nautical miles of the Republic of Vietnam to be entitled to service connected benefits based upon a condition that is presumptive to exposure to Agent Orange. This is also a win for the eligible survivors of these veterans.
Prior to this decision, only those veterans with “boots on the ground” were entitled presumptively to benefits related to certain conditions; however, “boots on the ground” is no longer a requirement to receive benefits for the following conditions if the veteran served within the designated twelve nautical miles.
diabetes type II
soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma)
Hodgkin’s disease
multiple myeloma
respiratory cancers
non-Hodgkin’s lymphoma
prostate cancer
chronic lymphocytic leukemia
hairy cell leukemia
AL amyloidosis
Read the fifty-page case. The decision appears on page 19.
This article from The Washington Post explains more about the situation faced by Blue Water Vietnam Veterans.
If you have questions about an elderly loved one’s eligibility for VA benefits, Takacs McGinnis Elder Care Law may be able to help. Just give us a call at 615.824.2571.
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