A recent report from the Inspector General of the Department of Veterans Affairs (VA) found that thousands of Vietnam veterans who qualified for disability benefits were still not receiving them. This is due to the VA’s inability to identify veterans who may now qualify for benefits that might not have in the past, and thus would be able to obtain retroactive benefits. While the VA has taken steps to improve on this issue, it remains a persistent problem that they struggle to solve.
Vietnam Veterans Struggled to Obtain Benefits
Veterans who served in Vietnam have often faced special hurdles to obtaining benefits compared to veterans from other wars. This was due in no small part to the lack of available medical evidence about exposure to chemicals like Agent Orange, which often caused severe health problems in veterans who were exposed to them. Without the ability to prove their medical conditions were related to exposure to these chemicals, they were unable to obtain benefits.
Changes in the Law Increase Eligibility
In order to rectify this issue, Congress has passed a number of laws, including the PACT Act, which have expanded eligibility for veterans who suffered from certain rare medical conditions. The VA, likewise, has made regulatory changes to make it easier for victims of Agent Orange during the Vietnam War to obtain disability benefits. In theory, this means that people who were not previously able to obtain benefits might be able to get them.
Struggles to Notify Eligible Veterans
Despite these changes, thousands of Vietnam veterans who might be eligible for these benefits have not taken advantage of them, even though in many cases they may be able to obtain retroactive compensation. This is due, in part, to failures on the part of the VA to notify affected veterans who may be able to qualify. Despite its best efforts, a surprising number of eligible Vietnam veterans have not applied for the benefits they are legally entitled to.
How This Might Impact You
If you served in the Vietnam War, or are a family member of someone who served, you might be able to obtain disability benefits through the VA. However, in order to know what options you may have available, you should speak to a lawyer with experience handling veteran disability cases. They can review your circumstances with you and ensure you get the benefits you rightly deserve.
The attorneys of Sullivan & Kehoe place a special focus on assisting disabled veterans. Our veterans’ disability lawyers are still available for remote consultation on your legal issues. Call our office at (800) 395-7830 to schedule a consultation in our New York City, Garden City, Kings Park, Riverhead, or White Plains office, or visit our contact page.
