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Agent Orange - Herbicide Exposure
Questions and Answers
- 1. What veterans
will be affected when this condition is added as a presumptive condition for
those exposed to herbicides/dioxins?
- Honorably discharged veterans who served in the Republic of
Vietnam during the period January 9, 1962 through May 7, 1975 and have
“adult onset diabetes mellitus.” This does not include veteran’s
who served in the Republic of Vietnam during the period February 28, 1961, to
January 9, 1962.
- 2. What does
“presumptive condition” mean?
- Normally, the claimant must show proof of relationship
between service and the condition being claimed. Under presumption of service
connection, VA presumes the service-connected relationship exists based on the
other qualifying criteria, such as dates and location of service and that the
condition being claimed, in this case, is associated with exposure to Agent
Orange.
- 3. Must I have
served “in-country” Vietnam to be eligible?
- To have presumptive service connection granted for diabetes
mellitus based on Vietnam service, the claimant must have served
in-country.
- 4. What does
“in-country” mean? What if I served in support of operations in
Vietnam, for example, on board a ship in the Gulf of Tonkin?
- During the period 1/9/62 through 5/7/75, you must have
physically served or visited in the Republic of Vietnam (RVN), including
service in the waters offshore if the conditions of service involved duty or
visitation in Vietnam. This means the ship must have come to port in the RVN
and you disembarked.
- 5. Will private
medical records be accepted as proof of my diabetes?
- Will I be required to undergo a VA examination?If private
medical records are sufficient, VA can make a determination and grant based on
those records. If not, a VA examination will be required. These records should
:
- Comment on the age of onset and the diagnostic test used to
affirmatively diagnose this condition
- Comment on the treatment modalities (i.e. Insulin, diet,
regulation of activities, etc.)
- Discuss, if applicable, the prior and current episodes of
ketoacidosis or hypoglycemic reactions. Were hospitalizations required? What
was the frequency of hospitalizations?
- Fully describe any complications that stem from the
veteran’s diabetes mellitus; such as vision; cardiac; vascular; renal;
neurologic (including both peripheral neuropathy and cerebral effects);
amputations; and other associated complications.
- 6. I applied for
service-connection for my diabetes and was denied. The condition was however,
rated as non-service connected. Will I need to reapply for service
connection?
- Vietnam veterans who were previously denied service
connection for diabetes should reapply by contacting his or her local VA office
at, 1-800-827-1000 or by e-mail through the VA web page. (www.va.gov).
- 7. My husband
died from diabetes and was an in-country Vietnam veteran. Do I now qualify
for service connected death benefits (DIC)?
- If you believe the cause of death was related to diabetes and
the veteran had in-country service, you should contact the local VA office to
determine your eligibility.
- 8. Will I
receive retroactive benefits based on a grant of service connection due to
presumptive service in Vietnam?
- Under a federal court decision in the case of Nehmer v. U.S.
Veterans' Admin., C.A. No. C-86-6160 (TEH) (N.D. Cal.), Vietnam veterans are
eligible for retroactive awards of benefits for their diabetes, if they applied
for service connection for diabetes before the VA diabetes regulation went into
effect on July 9, 2001.
- 9. If I am
already service connected for diabetes, will I get an increase based on this
change?
- You will not receive any additional benefits as a result of
this change. However, if your diabetic condition has increased in severity
since you were last rated by VA, you should contact your local VA office. You
can file a claim for a reevaluation and the local VA office can provide
assistance with that claim.
- 10. Will I be
eligible for medical treatment?
- Even if you decide not to file a claim based on exposure to
herbicide, you can still get a free physical examination at the nearest VA
Medial Center. You may also be entitled to free ongoing medical treatment at a
VA medical facility. You should contact the nearest VA medical facility or you
can obtain information and an application for health benefits at the Veterans
Health Administration web site at
www.va.gov/vbs/health/index.htm
or by calling 1-877-222-8387.
- 11. Where can I
get a copy of the National Academy of Sciences Study on Herbicide/Dioxin
Exposure and Type 2 Diabetes?
When clicking the link below, you are now leaving the Department of Veterans Affairs Website. VA does not endorse and is not responsible for the content of the linked website.
- You can download a copy of the study from the NAS web site at
www.nap.edu/html/diabetes.
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| Reviewed/Updated Date: December 3, 2008 |
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