What are the chances of getting a VA rating for contamination received at Ft McClellan, Ft Huachuca and Yuma Proving Grounds?

SGT Greg Knytych — Thu, 27 Jun 2024 05:44:55 -0400

I have a friend I was in Basic Training with. He is filing for VA benefits because his serious health issues can be tied to Agent Orange contamination that we were exposed to at Ft McClellan. I researched this after he told me about how this may be affecting my health.
Turns out that the barracks we were in have been shut down to the public because of chemical and radiological contamination. The surrounding communities and property are not allowed to drill wells because the contamination is so bad.
Turns out that I was also stationed at Ft Huachuca that has evidence of contaminated soil and ground water and I was stationed at Yuma Proving Grounds that has evidence of chemical and radiation contamination in the air, soil and water.
I have filed a claim since the medical conditions I have made me unable to work and I was retired on100% disability by the Social Security Administration. Do I have a chance at getting approved for my claim?

Response by COL Randall C. made Jun 27 at 2024 8:40 AM

COL Randall C. — Thu, 27 Jun 2024 08:40:47 -0400

SGT Greg Knytych, the poll setup for the question is meaningless as the answer will always be "it depends". In order to show a disability is service connected, you must show:
● That you currently have a disability (illness or injury) affecting you; and
● That disability was caused directly or proximately by something; and
● That cause occured while you were in an eligible status (active duty, reserve on annual training, etc.)

For Agent Orange (and other conditions), there are many disabilities that are considered presumptive. That means if you have one of those conditions and can show that you were in the time and location specified, then the cause of that condition is assumed to be service connected.

In other words, if you (hypothetically) had high blood pressure (one of the presumptive conditions) and served on active duty in Vietnam between January 9, 1962 and May 7, 1975 (one of the time/locations presumptive causes), then you've met all the criteria.

However, Fort McClellan is not a presumptive location (yet). Research is ongoing about the impact of the PCBs released from the Monsanto chemical plant that was to the South of Fort McClellan, but nothing definitive has been found yet*. The same applies to Huachuca and Yuma Proving ground (they aren't presumptive locations).

What that means if you'll have to show the three elements described above. The first is generally the easy element (show that you currently have a disability) while the other two can be problematic depending on what evidence you can show. There are more than enough potential toxic exposures that could have occured at McClellan, Huachuca, and Yuma Proving Ground, but you have to show enough evidence to back-up the exposure claim and the linkage between the exposure and the disability.

In some cases that might be easy because the government has already documented something to make the connection for you (i.e., 'presumptive light') and in other cases you'll have dig deep into records to prove the connection.

As you've already submitted your claim, referring you to a Veteran Service Organization* to assist in developing one is a moot point as you're already working with one or not. If you aren't then I would recommend that you make contact with one and have them review the evidence you submitted and see if they offer feedback.
-----------------------------------
* Agent Orange exposure and disability compensation - https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/
* VA page about Potential Exposure at Fort McClellan - https://www.publichealth.va.gov/exposures/fort-mcclellan/
* Herbicide Tests and Storage Outside Vietnam - https://www.publichealth.va.gov/exposures/agentorange/locations/tests-storage/index.asp
* VA page – Get help from an accredited representative or VSO – https://www.va.gov/get-help-from-accredited-representative/

Agent Orange exposure and disability compensation | Veterans Affairs

If you have a health condition caused by exposure to the herbicide Agent Orange during your service, you may be eligible for VA disability compensation. Compensation provides tax-free monthly payments. Keep reading to find out if you may be eligible.

Response by SSgt Christophe Murphy made Jun 27 at 2024 1:53 PM

SSgt Christophe Murphy — Thu, 27 Jun 2024 13:53:10 -0400

Denied or approved isn't for any of us to say. It all depends on whether you can tie your medical situation to your service. I would recommend working with a VSO. Most States have a vet services office that can help