Agent Orange and Lung Cancer: Getting VA Compensation for Respiratory Cancers 

For veterans exposed to Agent Orange or herbicides used during the Vietnam War, VA offers presumptive service connection for lung cancer and other respiratory cancers. If you served in Vietnam, or another location with documented herbicide use, and have been diagnosed with a respiratory cancer, you may be eligible for service-connected disability compensation. 

Presumptive Service Connection for Lung Cancer 

Under VA regulatios, certain cancers are considered presumptive conditions for veterans exposed to Agent Orange and other herbicides. This means that if a veteran has qualifying military service and develops a condition like lung cancer, it is presumed to be related to their service without needing to prove the link (medical nexus). The respiratory cancers covered under this regulation include: 

• Lung cancer 
• Bronchus cancer 
• Larynx cancer 
• Trachea cancer 

Research has shown carcinogenic compounds in herbicides like Agent Orange are linked to long-term respiratory damage and cancer development. If your lung cancer or another respiratory cancer originated in one of these areas of the body, you may qualify for disability benefits. Learn more about Agent Orange-related cancers.

Who Can Benefit from the Agent Orange Presumption?

• Veterans who served in Vietnam, or aboard ships within 12 nautical miles of Vietnam’s coast, between January 9, 1962, and May 7, 1975
• Veterans stationed near the Korean DMZ from September 1, 1967, to August 31, 1971
• Anyone stationed on Guam or American Samoa (and their territorial waters) from January 9, 1962 to July 31, 1980
• Veterans who served at any U.S. or Royal Thai military base between January 9, 1962 and June 30, 1976
• Veterans who served in any capacity in areas of Laos where herbicides were likely used, between December 1, 1965 and September 30, 1969
• Veterans stationed in Cambodia at Mimot or Krek, Kampong Cham Province, between April 16, 1969, and April 30, 1969
• Those who lived or worked in a location that stored or tested Agent Orange

What Is the VA Rating for Lung Cancer? 

The VA rates lung cancer and all respiratory cancers (exclusive of skin growths) under Diagnostic Code 6819, with a 100% rating for malignant neoplasm of the lung while the cancer is active or the veteran is undergoing treatment (e.g., surgery, chemotherapy, radiation). The 100% rating continues for 6 months after treatment ends, after which a disability rating is determined by mandatory VA examination. The VA may rate on residuals (such as fibrosis or chronic pleurisy) if there has been no local recurrence or metastasis.

What disability benefits can you get for lung cancer? Calculate your compensation →

Additional Benefits: DIC and Special Monthly Compensation

In addition to the standard VA compensation, veterans diagnosed with lung cancer due to Agent Orange may also be eligible for Special Monthly Compensation if the condition results in further impairments (e.g., need for oxygen therapy or functional loss). A surviving spouse may be eligible for Dependency and Indemnity Compensation if the veteran’s lung cancer contributed to their death.

Filing for VA Compensation for Agent Orange Lung Cancer 

If you have been diagnosed with lung cancer or another respiratory cancer linked to Agent Orange or other herbicide exposure, you can file a claim for VA disability benefits. To increase your chances of approval: 

• Submit a current diagnosis of lung cancer or another covered respiratory cancer
• Provide evidence of service in a location where herbicides were used, such as Vietnam, Blue Water Navy zones, Thailand, or the Korean DMZ
• Gather medical records and opinions to support your claim, especially if your case involves metastatic cancer
• File VA Form 21-526EZ, the application for disability compensation, and include all relevant documents

Winning a VA Disability Claim for Lung Cancer and Cause of Death due to Agent Orange Exposure 

This case involved a veteran who served in the U.S. Air Force from August 1965 to July 1969, primarily stationed at U-Tapao Air Force Base in Thailand during the Vietnam War. In April 2005, the veteran filed a claim for service connection for lung cancer, citing exposure to Agent Orange.  

Unfortunately, the veteran passed away in May 2005, and the claim was pursued by his surviving spouse for accrued benefits and Dependency and Indemnity Compensation (DIC). Initially, the VA Regional Office denied both the claim for service connection and the cause of death. However, after two remands and the submission of additional evidence, the case was reviewed by the Board of Veterans’ Appeals.  

The Board ultimately ruled in favor of the appellant, granting both service connection for the veteran’s lung cancer and recognition that the cancer was the cause of death. The decision hinged on evidence that the veteran had likely been exposed to Agent Orange during his time at U-Tapao Air Force Base. As a result, the appellant was awarded accrued benefits and DIC. 

Key Factors That Contributed to Winning the Claim: 

• Herbicide Exposure at U-Tapao Air Base: The Board acknowledged that it was “at least as likely as not” that the veteran was exposed to herbicides like Agent Orange during his service at U-Tapao Air Base. While the veteran’s personnel records did not explicitly document his duties near the base perimeter, the Board accepted the argument that his role as a material facilities specialist likely involved contact with the perimeter where herbicides were used. 
• Presumption of Service Connection for Lung Cancer: Since lung cancer is a presumptive condition for veterans exposed to Agent Orange, the veteran’s diagnosis of stage IV lung cancer allowed the Board to apply this presumption, significantly strengthening the claim for service connection. 
• Comprehensive Lay Statements: Several lay statements from the veteran’s family provided detailed accounts of his service in Thailand and his subsequent health issues. The Board found these statements credible and persuasive, contributing to the decision to grant service connection. 
• Medical Evidence: Medical records from both VA and non-VA providers documented the veteran’s diagnosis of lung cancer and his exposure to environmental factors, including smoking and potential herbicide exposure. Though the veteran’s smoking history was considered a risk factor, the Board found that Agent Orange exposure could not be ruled out as a significant contributing cause of lung cancer. 
• Veteran’s Death Certificate: The veteran’s death certificate listed lung cancer as the primary cause of death, with initial versions also referencing Agent Orange exposure as a contributing factor. Although a subsequent revision removed this reference, the overall medical evidence and legal arguments led the Board to conclude that Agent Orange exposure was likely a substantial factor in the veteran’s death. 

This case highlights the importance of thorough documentation and persistence in pursuing VA claims. The combination of detailed lay statements, presumptive service connection for lung cancer, and medical evidence enabled the veteran’s widow to secure both accrued benefits and DIC.  

Veterans with lung cancer and documented Agent Orange exposure are entitled to seek benefits. If you or a loved one had a lung cancer claim denied, our Agent Orange lawyers may be able to help. Contact us for a case evaluation. 

Content Reviewed by

Cassandra Crosby

Cassandra Crosby is an Accredited Agent and VA Trainer for Hill & Ponton, which she joined in the spring of 2016. She has a Bachelor’s Degree in Legal Studies and over 20 years of experience of management of non-profits programs in Mental Health, Substance Abuse, and Victim Services. A Florida native, she was a military daughter/spouse and has familial ties to the Marines, Air Force, Navy, and Army.