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Similar to other congressional bills and government regulations, the PACT Act is complex in its details on expanding or extending enrollment for previously ineligible veterans injured by toxic exposure. The law is still a work in progress and includes a provision that promotes sustained implementation to prevent inadequate adoption. Simply put, it continuously extends its presumed conditions list as the VA examines evidence of service connection to potential conditions and recommends them for inclusion.
The PACT Act has several distinct categories of presumptive conditions, each encompassing arrays of illnesses related to toxic exposure during military service. These categories group conditions by type or the area of the body they affect, covering everything from respiratory issues to various cancers.
The VA now recognizes more than 330 specific medical conditions as presumptive within these categories. However, as studies and medical research gain field with military members' toxic exposures, the VA constantly updates its presumptive list of VA disability benefits, only recently now adding these new diseases:
- male breast cancer
- urethral cancer
- paraurethral glands cancer
Moreover, as of 10 January 2025, the VA added new PACT Act presumptive conditions, including:
- acute and chronic leukemias
- multiple myelomas
- myelodysplastic syndromes
- myelofibrosis
- urinary bladder
- ureter, and related genitourinary cancers
Adding these presumptive illnesses is the result of the continued effort to lower the burden of proof for veterans to get the benefits they deserve for the conditions that followed them home from war. This means they do not need to prove that their service caused their condition to receive benefits, as the VA automatically assumes a service connection for the given condition and provides benefits accordingly. Additionally, when a veteran becomes service-connected for an illness, it gives them access to free health care for that health issue.
To qualify for a presumptive condition, veterans must demonstrate that they served in a qualifying location and time frame associated with known toxic exposures and subsequently developed one of the approved conditions. Generally, VA healthcare eligibility criteria concentrate on veterans who:
- served in the Vietnam, Gulf, Iraq, and Afghanistan War, or another combat zone after 9/11
- deployed in support of the Global War on Terror
- exposed to toxins or other hazards during military service at home or abroad
Presumptive disabilities are the ones that the VA deems to be service-connected, even if there's no specific nexus for service connection. Determining a presumptive disability generally follows the logic of: if a veteran served at a given location during the qualifying period and developed a specific condition, it will result in automatic service connection considering the particular area and disease.
It means that instead of proving a service-connected disability, veterans only need to show on their DD214 form that they were in an eligible location during a particular period and developed a qualifying condition. If there are gaps in service or personnel records, lay evidence can also be helpful. The toxins and hazards covered by the PACT Act include:
- burn pits
- sand and dust particulates
- oil well or sulfur fires
- chemicals
- radiation
- warfare agents
- depleted uranium
- herbicides
Additionally, the Act mentions among the covered hazards other occupational hazards, which include agents such as:
- asbestos
- industrial solvents
- lead
- paints
- chemical agent-resistant coating
Asbestos Exposure In The Military
Many veterans were exposed during service to a plethora of toxic materials, among them asbestos. The toxic mineral was used in all military branches, especially as insulation for craft, buildings, and barracks, and was also mixed in products manufactured for the WW2 effort.
In certain places like Iraq, the Middle East, and Southeast Asia, old buildings were abundant in toxic materials. When buildings were damaged, they released poisonous chemicals and particulate matter into the air, like asbestos dust. One of the most harmful substances humans have ever encountered, airborne asbestos fibers have devastating effects on veterans' health, often leading to illnesses including:
All asbestos-related diseases have long latency periods, and some of them have aggressive developments, often reaching a lethal phase in a very short time. It's the case of mesothelioma, a rare and incurable disease, also discovered in veterans who served in Kuwait and were exposed to asbestos in burn pits. Those diagnosed after the PACT Act do not have to "fight the VA" to have their disease connected to service.
With the New Cancers Added to Presumptive Conditions, It's Worth Reviewing Eligibility
Given that the expansion of the presumptive disease took effect this January, those veterans whose claims for the newly added cancers have been previously denied should reapply by filing a Supplemental Claim. The procedure is a request for claim review based on a change in law - including claims for new or secondary conditions or increased disability compensation.
Furthermore, veterans can file an Intent to File before submitting a VA disability claim. It gives them time for up to one year to complete and file the actual claim and can set their potential start date, known as the "effective date" for benefits. Upon claim approval, former service members could receive retroactive payments covering the period from when they submitted the Intent to File and when the claim was approved.
VA will review all previously filed and denied claims from impacted veterans and survivors for the newly added three malignant conditions to determine if benefits can now be granted. Furthermore, the VA recently announced the expansion of cancer care services closer to where veterans live, so former service members enrolled in VA health care can receive cancer screening and treatment.
We Offer Assistance for Veterans in Filing Toxic Exposure Claims
The PACT Act's effect on veteran health care has been essential since the passage of the law: more than four million veterans benefitted from toxic exposure screening, and nearly 350,000 Americans have been approved for expanded benefits. Even if the PACT Act doesn't expedite your claim, you can make significant progress with the help of a qualified lawyer.
After collecting all necessary documents and crucial information to iron out your case, an attorney specializing in toxic exposure will ensure the proper paperwork is filed on your behalf. They will also make sure that your claims comply with VA regulations. We can help you contact legal experts who are ready to represent your case.