Surviving Family Members of Blue Water Vets – Don’t Forget about DIC Benefits

UPDATE: As of January 2020, Blue Water claims are being processed.

For many years, the VA denied that there was any connection between Vietnam veterans’ exposure to the spraying of Agent Orange and certain serious diseases and deaths that Vietnam veterans developed after their military service. As a result of this error, the VA denied thousands of Dependency and Indemnity Compensation (DIC) claims.

As a result of regulatory and policy changes that have occurred over the years, the VA now pays monthly service- connected death benefits thousands of qualifying survivors of Vietnam veterans that had previously been denied. However, there is still progress to be made. Survivors of those veterans denied benefits because they did not meet the VA’s limited definition of “service in Vietnam” currently cannot benefit from the Agent Orange presumptions. Instead, a survivor wishing to file a DIC claim will have to rely on the traditional methods of service connection to establish eligibility to DIC benefits. But, with change on the horizon in the form of House Bill 969, survivors of Blue Water Vets will be able to use the Agent Orange presumptions in connection with a claim for DIC benefits.

If a Vietnam veteran dies from one of the conditions on the presumptive list, and the condition was caused by the veteran’s exposure to Agent Orange in Vietnam, then his qualifying survivors should receive DIC benefits. With the VA’s Agent Orange rules, survivors may establish eligibility for DIC benefits using the special rules that govern presumptive service connection based on Agent Orange exposure.

In order to be eligible for DIC using the rules that establish a presumptive relationship between Agent Orange exposure in Vietnam and certain diseases/conditions, the survivor must meet certain requirements. In order to be a qualifying survivor the survivor must be a spouse, dependent child, or dependent parent of a veteran who:

1. Served in Vietnam during the Vietnam era,
2. Was diagnosed with one or more of the diseases currently presumed to be related to Agent Orange, which was the principal or contributory cause of the veteran’s death, and
3. For some, but not all of the diseases, developed symptoms of the disease to a degree of 10% or more within the required time period.

A survivor who can show that the veteran met all three of the above requirements does not have to prove that the veteran was actually exposed to Agent Orange. The survivor does however need to establish that the veteran’s cause of death was from an Agent Orange related disease. Cause of death can typically be established by simply sending the VA a copy of the veteran’s death certificate that lists the Agent Orange related disease as the principal or contributory cause of the death. If the death certificate does not list a disease that is related to Agent Orange exposure as the principal or contributory cause of death, more evidence will be needed. The survivor should obtain any medical records that show it is at least “as likely as not” that the Agent Orange related disease caused the veteran’s death. The survivor might also want to obtain other medical evidence such as a statement by a doctor that says it is at least “as likely as not” that the veteran died from an Agent Orange related disease.

The following is a list of the diseases and conditions that are on the Agent Orange Presumptive List (note: this list may change over time):

1. AL Amyloidosis: A rare disease caused when an abnormal protein, amyloid, enters tissues or organs.
2. Chronic B-cell Leukemias: A type of cancer which affects white blood cells.
3. Chloracne (or similar acneform disease): A skin condition that occurs soon after exposure to chemicals and looks like common forms of acne seen in teenagers. Under VA’s rating regulations, it must be at least 10 percent disabling within one year of exposure to herbicides.
4. Diabetes Mellitus Type 2: A disease characterized by high blood sugar levels resulting from the body’s inability to respond properly to the hormone insulin.
5. Hodgkin’s Disease: A malignant lymphoma (cancer) characterized by progressive enlargement of the lymph nodes, liver, and spleen, and by progressive anemia.
6. Ischemic Heart Disease: A disease characterized by a reduced supply of blood to the heart, that leads to chest pain.
7. Multiple Myeloma: A cancer of plasma cells, a type of white blood cell in bone marrow.
8. Non-Hodgkin’s Lymphoma: A group of cancers that affect the lymph glands and other lymphatic tissue.
9. Parkinson’s Disease: A progressive disorder of the nervous system that affects muscle movement.
10. Peripheral Neuropathy, Early-Onset: A nervous system condition that causes numbness, tingling, and motor weakness. Under VA’s rating regulations, it must be at least 10 percent disabling within one year of herbicide exposure.
11. Porphyria Cutanea Tarda: A disorder characterized by liver dysfunction and by thinning and blistering of the skin in sun-exposed areas. Under VA’s rating regulations, it must be at least 10 percent disabling within one year of exposure to herbicides.
12. Prostate Cancer: Cancer of the prostate; one of the most common cancers among men.
13. Respiratory Cancers (includes lung cancer): Cancers of the lung, larynx, trachea, and bronchus.
14. Soft Tissue Sarcomas (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma:) A group of different types of cancers in body tissues such as muscle, fat, blood and lymph vessels, and connective tissues.

Even if the Vietnam veteran did not die of a disease which is currently on the VA’s Agent Orange Presumptive List, a survivor should not entirely give up hope. The VA continues to consider whether or not other diseases should be added to the list.

UPDATE: As of January 2020, Blue Water claims are being processed.