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Agent Orange Web Site

VA Agent Orange Claims  Retroactive:  A federal appeals court in San Francisco has ruled  that Vietnam vets who contacted prostrate cancer and diabetes  related to Agent Orange exposure should receive retroactive  disability benefits dated to the time they first filed a claim  with the VA.
The ruling of the 9th Circuit Court of Appeals  sets a legal precedent that could extend to a wide range of illnesses associated with herbicides. 
The appeals court decision let stand a lower court ruling that held the VA incorrectly interpreted regulations to  deny retroactive payments to vets who filed claims after early  1994. A DEC 1999 U.S. District Court ruling held that all  Vietnam veteran prostrate cancer claimants and  their survivors  are entitled to retroactive benefits to the date of their first  filing of their claim for service connection or survivor’s  benefits (as long as the prostrate claim was not final before 25  SEP 1985). 
Also upheld by the appeals court was a provision in a  2000 ruling by US District Judge Thelton Henderson, ordering  the VA to provide retroactive payments to the estates of  veterans who died before the VA paid the money they were owed. 
In addition to the prostrate cancer, the appeals ruling also  affects veterans who filed for adult-onset, or Type 2, diabetes which was added to the list in 2000. 
The VA still  has the right to further appeal this decision. [Source: DAV  Magazine May/JUN 2002]