If a veteran submits the above evidence, the VA is required to weigh and consider the total analysis provided by the medical expert. The expert’s opinion should include discussion on the following topics:
- A discussion on relevant medical studies
- The time between Agent Orange exposure and the onset of the disease
- The veteran’s other risk factors for developing the disease. This would include a discussion of the veteran’s genetic disposition/family history.
However, if the medical expert bases their opinion SOLELY on a finding that there is a statistical correlation between Agent Orange exposure and the disease, the VA can reject their medical opinion.
If a veteran submits medical evidence that shows their disease is related to Agent Orange exposure and that disease is not on the VA’s list of Agent Orange related diseases, then the VA’s duty to assist will probably be triggered. The VA will likely be required to provide the veteran with a medical opinion addressing whether the disease is at least as likely as not related to the veteran’s service. The examiner providing this medical opinion should clearly consider direct service connection and support their conclusion with adequate reasoning. An example of an inadequate opinion would be if the examiner based their opinion solely upon the fact that the disability is not on the list of diseases the VA has presumptively linked to Agent Orange exposure.