Agent Orange Litigation (1980s): Understanding Settlements for Vietnam War Veterans’ Exposure
The Vietnam War, a conflict that deeply impacted a generation, left many veterans facing not only the visible wounds of war but also the invisible scars of Agent Orange exposure. Agent Orange, a herbicide used to defoliate forests and crops, contained dioxin, a highly toxic chemical. This exposure led to a myriad of health problems for veterans, sparking a legal battle that continues to resonate today. It’s estimated that as many as 87,000 Vietnam veterans and their survivors may be eligible for retroactive compensation benefits due to Agent Orange exposure.
What was Agent Orange?
Agent Orange was a chemical herbicide and defoliant used by the U.S. military during the Vietnam War as part of its herbicidal warfare program, Operation Ranch Hand, from 1962 to 1971. The U.S. military sprayed nearly 20 million gallons of herbicides over Vietnam, Cambodia, and Laos from 1961 to 1971 during Operation Ranch Hand, with the aim of destroying forest cover and crops being used by North Vietnamese and Viet Cong troops. The purpose was to eliminate forest cover and crops that provided enemy troops with food and hiding places. Agent Orange was a mixture of two herbicides, 2,4,5-T and 2,4-D and was produced by nine chemical companies including Dow Chemical Company and Monsanto Company.
Health issues
Agent Orange contained a chemical called dioxin. Dioxin is a compound made from burning chlorine with carbon and hydrogen. The molecules of these chemicals are toxic to plants, animals and humans. When dioxin enters your body, it can damage or destroy vital organs, cells, your immune system and your hormones. Dioxin is a carcinogen, which means it can cause cancer.
Returning Vietnam veterans and their families began reporting health issues including:
- Cancer
- Neurological damage
- Birth defects in veterans’ children
The Agent Orange Litigation: A Timeline of Events
The story of Agent Orange litigation is a complex one, marked by legal challenges, scientific debates, and the persistent advocacy of veterans seeking justice.
- 1961-1971: Operation Ranch Hand, the U.S. military’s program of using herbicides like Agent Orange, takes place in Vietnam, Cambodia, and Laos. Nearly 20 million gallons of herbicides were sprayed to destroy forest cover and crops used by enemy troops.
- 1977: Veterans begin filing claims with the Department of Veterans Affairs (VA) for disability payments related to Agent Orange exposure, but these claims are often denied unless they could prove the condition began when they were in the service or within one year of their discharge.
- 1978: The first lawsuits are filed against the companies that produced Agent Orange, including Dow Chemical, Monsanto, and Diamond Shamrock.
- 1979: A class-action lawsuit is filed on behalf of 2.4 million veterans exposed to Agent Orange.
- May 7, 1984: Just before jury selection was set to begin, seven chemical companies agree to an out-of-court settlement of $180 million. This was reportedly the largest settlement of its kind at that time.
- 1988-1994: The Agent Orange Settlement Fund distributes payments to veterans and their families.
- 1991: President George H.W. Bush signs the Agent Orange Act of 1991, mandating that diseases associated with Agent Orange be treated as a result of wartime service.
- 1997: The Agent Orange Settlement Fund closes after distributing $197 million in cash payments to members of the class in the United States.
The 1984 Settlement: A Bitter Victory
On May 7, 1984, seven chemical companies, including Dow and Monsanto, agreed to pay $180 million to thousands of Vietnam veterans exposed to Agent Orange. While it provided some compensation to veterans and their families, it also allowed the chemical companies to avoid admitting liability. Many veterans felt that the settlement was inadequate, especially considering the long-term health effects they were experiencing. Of the 105,000 claims received by the Payment Program, approximately 52,000 Vietnam Veterans or their survivors received cash payments which averaged about $3,800 each. Those who were rated unequivocally medically ill from Agent Orange exposure were eligible to receive up to $12,800 paid out over 10 years.
Agent Orange Act of 1991
In 1991, Vietnam War veterans saw the passage of the Agent Orange Act, which acknowledged that the chemical was strongly linked to various cancers and the development of other diseases for veterans. This legislation empowered the Secretary of Veterans Affairs to declare certain maladies “presumptive” to exposure to Agent Orange/ dioxin and enable Vietnam veterans, as well as some veterans who served along the demilitarized zone in Korea in the late 1960s, to receive treatment and compensation for these health conditions.
Blue Water Navy Vietnam Veterans Act of 2019
The Blue Water Navy Vietnam Veterans Act of 2019 significantly expanded eligibility for Agent Orange-related compensation, particularly affecting back pay and effective dates for many veterans. Historically, the VA presumed Agent Orange exposure primarily for veterans who served on the ground in Vietnam or its inland waterways. This left out many Blue Water Navy veterans—those who served on ships in the offshore waters of Vietnam—resulting in denied claims for Agent Orange-related conditions.
Health Effects and Presumptive Conditions
The Department of Veterans Affairs (VA) has recognized a list of health conditions associated with Agent Orange exposure. This means that veterans who served in specific locations during certain time periods and who have been diagnosed with one of these conditions are presumed to have been exposed to Agent Orange and are eligible for disability compensation.
Some of the health conditions the VA associates with Agent Orange exposure include:
- AL Amyloidosis
- B-cell Leukemias
- Bladder Cancer
- Chloracne
- Diabetes Mellitus (Type 2)
- Hodgkin’s Disease
- Hypothyroidism
- Ischemic Heart Disease
- Multiple Myeloma
- Non-Hodgkin’s Lymphoma
- Parkinsonism
- Peripheral Neuropathy
- Porphyria Cutanea Tarda
- Prostate Cancer
- Respiratory Cancers
Eligibility for VA Disability Compensation
You may be eligible for VA disability compensation based on Agent Orange exposure if you meet both of these requirements:
- You have a health condition that’s caused by exposure to Agent Orange, and
- You served in a location that exposed you to Agent Orange.
We base eligibility for VA disability compensation benefits, in part, on whether you served in a location that exposed you to Agent Orange. We call this having a presumption of exposure. You have a presumption of exposure if you meet at least one of these service requirements. Between January 9, 1962, and May 7, 1975, you must have served for any length of time in at least one of these locations:
- In the Republic of Vietnam, or
- Aboard a U.S. military vessel that operated in the inland waterways of Vietnam, or
- On a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia.
What evidence will I need to submit with my claim?
You’ll need to submit these records:
- A medical record that shows you have an Agent Orange-related health condition, and
- Military records to show how you were exposed to Agent Orange during your service.
Compensation Amounts
As of 2022, single veterans can receive up to $39,984 annually, while married veterans or those with dependents can receive $42,214 or more. The VA determines compensation for Agent Orange exposure based on several key factors:
- VA disability rating (between 1-100%)
- The severity of the condition
- Marital status
- Number and type of eligible dependents
How the Nehmer Lawsuit Can Help
The Nehmer v. U.S. Department of Veterans Affairs lawsuit has been pivotal in shaping how the VA handles disability claims related to Agent Orange exposure. The 1989 court ruling invalidated this regulation, leading to a 1991 consent decree (the Nehmer Consent Decree) that required the VA to:
- Identify Diseases Linked to Agent Orange: Recognize diseases associated with Agent Orange as service-connected.
The Nehmer Consent Decree significantly influenced VA policies:
- Policy Revisions: The VA established procedures to identify and compensate veterans with diseases newly linked to Agent Orange.
- Retroactive Payments: Since the decree, the VA has paid over $4.9 billion in retroactive benefits to hundreds of thousands of veterans and their families.
- Ongoing Obligations: The VA continues to review and adjust claims as new diseases are recognized, ensuring veterans receive due compensation.
Have You Been Affected by Agent Orange?
If you are a Vietnam War veteran or a family member of a veteran who has suffered health issues due to Agent Orange exposure, it is crucial to understand your rights and the benefits available to you. While the legal battles of the past have paved the way for a more streamlined claims process, navigating the VA system can still be challenging.