Claims Based on Agent Orange Exposure Near the Korean DMZ (Attorney)
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Presenter: Renee Reasoner
Length: 84 minutes
Recorded: June 2020
Approved for 1.5 CLE credits by the Virginia State Bar
It is now more important than ever for veterans advocates to understand how to file a successful claim with the Department of Veterans Affairs for service-connected disability benefits based on herbicide exposure near the Korean DMZ. Recent changes made by Congress and the VA have resulted in more veterans being presumed to have been exposed to herbicides in Korea. Congress extended the time period for which the presumption of herbicide exposure applies to veterans who served near the DMZ and the VA has added to its list of units that qualify for the presumption.
Now that the pool of veterans who qualify for the presumption of herbicide exposure has expanded, it is critical for veterans advocates to understand the ins and outs of the rules related to the presumption. But since not all veterans who served in Korea that were exposed to herbicides will qualify for the presumption of exposure, advocates should also know how to help veterans establish actual exposure. This webinar will provide tips for proving that a veteran was actually exposed to herbicides in Korea when the veteran didn’t serve in one of the recognized units and/or served outside of period during which herbicide exposure is presumed.
By the end of this webinar, viewers should understand:
• The history of the VA’s Korean DMZ herbicide exposure rules, including the recent changes that have resulted in more veterans qualifying for the presumption of exposure
• What is required to qualify for the presumption of herbicide exposure based on service near the Korean DMZ
• How veterans can prove actual exposure to herbicides in Korea when a veteran is not entitled to the presumption of exposure, but served near the DMZ (and what is considered “near” the DMZ)
• What development the VA must conduct in a service connection claim when a veteran alleges herbicide exposure near the Korean DMZ
• The VA benefits that veterans who were exposed to herbicides may qualify for
• How to establish that a disease not on the VA’s Agent Orange presumptive list was caused by herbicide exposure, and thus qualifies for service-connected disability benefits
• The various effective date rules that apply to service-connected disability benefits granted as due to herbicide exposure in Korea
• And much more!