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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19777
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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My father was in the military from 1960 to 64. he was

Customer Question

my father was in the military from 1960 to 64. he was exposed to agent orange and absetos. he has been diagnosed to have that along with other lung issues. with me being his daughter can in file a claim in his behalf since i loss him on the 9th of this month.
leilani
Submitted: 3 months ago.
Category: Military Law
Expert:  Marsha411JD replied 3 months ago.

Hello Leilani,

Unless you are under 18 years of age, or between 18 and 23, unmarried and enrolled in school, you would not be eligible for any benefits based on your father's Agent Orange exposure, even if you could establish a claim in his name. In other words, you wouldn't be eligible for his benefits, but only benefits as a survivor. Survivors are defined as spouses and dependent children (as I defined above). The only other exception are children who were born with birth defects, like spina bifida, that are tied to their parent's exposure to Agent Orange.

You can read more about this issue at the following links:

http://www.publichealth.va.gov/exposures/agentorange/benefits/survivors.asp

http://www.publichealth.va.gov/exposures/agentorange/benefits/children-birth-defects.asp

Please feel free to ask for any clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 3 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 15th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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