NEW: Agent Orange linked to ‘aggressive’ bone marrow cancers in Vietnam veterans

(forwarded by Paul Bergeron)
Agent Orange exposure is a recognized risk factor for several types of bone marrow cancers, and is a presumptive condition for U.S. veterans seeking health and disability benefits. These include multiple myeloma and, based on recent research, myelodysplastic syndromes (MDS). 

Confirmed Bone Marrow Cancers:
VA officially recognizes the following bone marrow-related conditions as presumptively linked to Agent Orange exposure:

1. Multiple Myeloma: This is a cancer of the plasma cells, a type of white blood cell found in the bone marrow. The VA considers it a presumptive condition, which means affected veterans do not have to prove a direct connection between their service exposure and the disease to be eligible for benefits.
2. Chronic B-cell Leukemias: This group of blood cancers affects B-cells, which also originate in the bone marrow and are part of the immune system. 

Emerging Evidence: Myelodysplastic Syndromes (MDS):
Until recently, the link between Agent Orange and myelodysplastic syndromes (MDS) was less clear, creating barriers for veterans seeking care and disability benefits. However, significant new research, presented at the 2025 American Society of Hematology annual meeting and published in the journal Blood, has established a strong association.
The study identified genetic mutations tied to earlier diagnosis and faster progression of the disease, he said. “What we’re seeing is that Agent Orange added a mutation — and that mutation sets patients on the road to cancer 50 years later,” researchers stated.
These findings are expected to help formalize the recognition of MDS as a presumptive condition, aiding veterans in accessing the care they need. 

Key findings from this research indicate that exposed veterans:
• Have a higher risk of developing MDS.
• Tend to be diagnosed at a younger age.
• Exhibit more aggressive forms of the disease with a higher number of harmful genetic mutations.
• Are nearly twice as likely to see their condition progress to acute myeloid leukemia (AML). 

Actionable Steps for Veterans:
If you or a loved one are a veteran who was exposed to Agent Orange and have been diagnosed with a bone marrow cancer:
• Check Eligibility: Veterans who served in specific areas (e.g., Vietnam, the Korean DMZ) during defined time frames are presumed to have been exposed.
• Apply for Benefits: You may be eligible for VA health care and disability compensation. You can learn more about the process and eligible conditions on the official VA Public Health website. While many health problems such as MDS are not recognized by VA as presumptively associated with Agent Orange exposure, a claim can proceed for a case-by-case adjudication. This MDS study can help support such a claim. Seek help from an accredited veterans service officer, such as from DAV, VFW, state or local governments.
• Seek Specific Care: The findings from recent studies suggest that Agent Orange-related MDS has unique genetic patterns, which might influence specific treatment decisions. Consult with a hematology specialist. Make sure your health care providers are aware of your Agent Orange exposure history!
• Get an Exam: Eligible veterans can receive a free Agent Orange Registry health exam to document exposure-related health concerns. 

Burn Pits Designed as “Instrumentalities of War” for Medical Retirement Combat-Related Findings

The National Veterans Legal Services Program (NVLSP, the same non-profit that helped us C-123 vets with Agent Orange) reached a settlement in Smoke et al. v. Driscoll, a class action lawsuit in the United States District Court for the District of Columbia. The suit challenged the Army’s denial of a combat-related designation during the Disability Evaluation System process for disabilities presumed to be caused by exposure to military burn pits under the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (“PACT”) Act, 38 U.S.C. § 1120.

Veterans who were MEDICALLY RETIRED (an important point) following sustained exposure to burn pits, on behalf of a class of current and future veterans who were wrongfully denied a combat-related tax-exemption on their medical retirement pay. One veteran suing was medically retired for asthma, another medically retired due to breast cancer—both conditions that are known to be (and under the PACT Act, presumed to be) caused by burn-pit exposure.

Under federal law, veterans who are medically retired due to “combat related” injuries—a category that includes conditions caused by “instrumentalities of war”—are entitled to tax-free retirement benefits. 

The Physical Evaluation Board (PEB), nonetheless, concluded that medically retired veterans did not suffer from combat-related injuries, based on a PEB policy that burn pits are not “instrumentalities of war” except when being used to burn things like combat, simulated combat, Agent Orange exposure, spent ammunition, ordinance, or military vehicles. The PEB’s policy was contrary to the Army’s policy for administering Combat-Related Special Compensation, under which burn pits are treated as “instrumentalities of war.”

In the settlement, the Army agreed to issue a new internal policy defining open-air burn pits located in combat zones as “instrumentalities of war” under 26 U.S.C. § 104(b)(3)(B) for purposes of Army disability determinations. The Army has posted the revised policy on its website.

The Army has agreed as part of the settlement to review the records of all other veterans who were retired for disabilities presumed to be caused by burn pits under the PACT Act and determine whether their conditions merit combat-related determinations under its new policy. The Army will make reasonable efforts to complete this review of prior determinations for other veterans within six months. Veterans of other services would do well to contact their retirement authorities.

“The Department of Defense estimates that 3.5 million service members were exposed to burn pits, and far too many have since faced serious, life-altering illnesses. This settlement ensures the Army will finally treat burn pits as what they are—instrumentalities of war—so Soldiers who are medically retired for burn-pit presumptive conditions are not unfairly denied the combat-related designation that makes their disability retirement pay tax-free. Importantly, the Army has committed to correcting past denials and applying this policy going forward.”

“This settlement represents a meaningful and well-deserved victory for many veterans living with the lasting effects of burn-pit exposure."

If you are a veteran from any of the branches who was denied combat-related findings for PACT Act conditions during the Disability Evaluation System process, NVLSP encourages you to email lsw.classaction@nvlsp.org to learn more about this case. See NVLSP’s Frequently Asked Questions (FAQs) about the settlement.

New York State Now Offers 100% Disabled Vets Property Tax Exemption!

FYI to all 100% disabled vets: beginning in 2027, the State of New York joins 27 other states in excusing VA-100% disabled vets from all or most primary residence property taxes. This enables the small number of affected vets to keep the homes they have, or to get homes, without what many find to be a brick-wall tax barrier to home ownership. This is very kind of the state, especially considering my home state of Colorado only exempts a fraction of the home's value, typically saving totally disabled vets only a few hundred dollars.

This is a big reason Colorado ranks only 27th in value of benefits permitted disabled veterans. All legislators need to realize that states with stronger benefits keep (or attract) veterans and the economic impact of the vets and their retirements/pensions more than outweighs the cost of the benefits.

Disabled Veterans: A New 2026 Savings Program with tax-free investment growth: The Achieving a Better Life Experience (ABLE) account

GREAT NEW IRS TAX BENEFIT FOR DISABLED VETERANS. An Achieving a Better Life Experience (ABLE) account is a tax-advantaged savings tool for individuals (including disabled veterans who qualify) with disabilities, allowing them to save $20,000 each year without losing federal benefits like SSI, Medicaid, or VA disability! Authorized by the 2014 ABLE Act, these accounts vary somewhat by state, but they generally enable tax-free growth and withdrawals for "qualified disability expenses" such as housing, education, and transportation. Effective January 1, 2026, eligibility expands to those whose disability began before age 46, allowing tax-free growth and withdrawals for housing, healthcare, and education.

Previously, the disability had to begin by age 26, and that left most veterans unable to apply because so many of us became disabled later in life. Fortunately for us, the government moved that qualifying age up to 46 or earlier. For example, I was medically retired at age 45 following the Gulf War, but now am eligible for an ABLE account. There is a veteran-specific web page to learn more. An ABLE account seems ideal for those of us who don't itemize deductions...consult a tax professional wiser than me! An ABLE account is funded with after-tax income, but can also accept gifts and unearned income investment, unlike IRAs which are for earned income only.

Key Details for ABLE Accounts:

Eligibility: Must be a U.S. citizen/US state resident with a qualifying disability (SSA criteria) that began before age 46. 100% VA service-connected disability does not automatically apply, as VA and SSA disability standards are different. The issue is based on inability to work, although some employment is allowed. Checking qualifications online at the Able National Resource Center is an important next step. Each state also has its own info page, and vets can get specific info. 

Benefits: Funds in the account are generally not counted against means-tested benefits (like VA, Medicaid/SSI) up to certain limits.

Tax Advantages: Contributions may be deductible from state income tax (they are in Colorado and most states), and earnings grow tax-free. ABLE accounts allow qualified disabled veterans to save up to $20,000 annually (2025/2026) without jeopardizing means-tested benefits like Medicaid or VA disability or pension, provided their disability occurred before age 46 (as of Jan 2026). Funds grow tax-free and can be used for qualified disability expenses, including housing, transportation, and healthcare. Property taxes and mortgage payment are typically included in the "housing" category.

Key Details for Disabled Veterans' ABLE Accounts

Eligibility Expansion: As of January 1, 2026, the age of onset for the disability increased from 26 to 46, making millions more, including many veterans, eligible.

Protection of Benefits: ABLE accounts allow for savings that do not count against the individual resource limit for SSI or other means-tested programs, such as the VA non-service-connected pension.

Definition of Disability: You must meet the Social Security Administration's (SSA) definition of "marked and severe" functional limitations, or have a signed physician's certification. You do not need to be receiving Social Security disability benefits to qualify, Additionally, if you were on SSDI but "aged-out" at 65, that's considered qualifying.

Qualified Expenses (QDEs): Funds can be used tax-free for a wide range of expenses, including education, housing, transportation, healthcare, prevention of homelessness, and employment training.

Contribution Limits: In 2026, the annual contribution limit is $20,000 which may increase annually. The current maximum in an account is limited to $100,000.

Account Setup: Veterans can open an account in any state that accepts out-of-state residents, with many offering online enrollment. 

Eligibility:

Eligible for your state's ABLE account

US citizen and state resident

New accounts must be opened by June 30, 2026.

The account must be in good order to receive funds.

Funds can be dispersed the following month from when the account was opened.