The PACT Act was signed into law in 2022, and it is likely the most considerable health care and benefits expansion in VA History. Under the PACT Act, veterans' health care benefits are expanded by increasing the VA's health care and disability compensation available for qualified service members and their survivors. Moreover, it removes the requirement for certain veterans and survivors to prove service connection if diagnosed with a related disease.
Some of the health conditions covered by the new law include cancers and medically unexplained chronic multi-symptom illnesses - a cluster of signs and symptoms that are presumed to be caused by exposure to toxic particulate matter and substances. However, the PACT Act only added new presumptive service connections to diseases from certain circumstances of military service that the VA already covers, such as exposure to:
- asbestos
- mustard gas
- chemical testing
Additionally, just because the PACT Act hasn't declared a condition presumptive yet doesn't mean it never will. The new law also requires the VA to examine evidence of service connection to "future potential conditions" and recommend them for inclusion. The PACT Act even allocates resources for ongoing research and education to deepen understanding of conditions arising from toxic exposures. All veterans exposed to toxins and other hazards while serving our country, whether abroad or in the US, and who meet the basic service and discharge requirements are now eligible for VA health care under the PACT Act. Exposure risks include:
- air pollutants
- chemicals
- occupational hazards
- radiation
- warfare agents
Consequently, veterans who served in the Vietnam War, Gulf War, Iraq, Afghanistan, or other combat zones after September 11, 2001, are eligible now for VA healthcare services. An honorable discharge is, however, necessary for applying.
Presumptive Conditions and Asbestos Exposure
The PACT Act's core is the increased support for veterans exposed to dangerous substances and toxic materials, including asbestos, during their military service. Although not exclusively focused on asbestos exposure, the law broadens assistance for veterans dealing with health challenges from various toxic exposures, such as tending to burn pits and other trash burnings.
However, the PACT Act's health care and benefits expansion does not only include those exposed to burn pits. Eligibility encompasses vets participating in TERA, a toxic exposure risk activity, while serving on active duty or inactive duty training. Exposure to harmful substances like asbestos is a type of TERA.
One of the many enhancements the PACT Act brought is lowering the threshold for requesting exams and opinions for non-presumptive disabilities based on toxic exposure. During these checkups, the examiner can opine on the totality of the different types of exposure and its relationship to a claimed disability. Once you have been diagnosed with a presumptive condition, there is no need to prove service connection; it's presumed that your exposure caused the disease you have. In addition to veterans exposed to toxins generated by burn pits, the PACT Act also benefits:
- Vietnam veterans with "boots on the ground"
- Gulf War-era veterans
- "Brown water" Navy veterans of inland waterways
- "Blue water" Navy veterans of offshore areas
- Air Force veterans who flew/worked on C-123 aircraft
- Nuclear and radiation-exposed veterans
- Camp Lejeune veterans and their families
Specific military jobs like shipyard work, construction, or vehicle repair put veterans in danger of asbestos exposure, and those who served in the Middle East or Southeast Asia may have had contact with asbestos in damaged old buildings and became susceptible to developing diseases regarded as presumptive conditions for asbestos exposure under the Act, including:
- pleural diseases
- mesothelioma
- asbestosis
- lung cancer
Common Reasons for Pact Act Benefit Denials
The Act is supposed to award veterans various care measures for presumptive service-connected conditions. However, obtaining benefits is often significantly more complex than simply applying. Different presumptive service-connected conditions are evaluated very differently. Some illnesses are only eligible if symptoms appear by or before a specific date, while others qualify even if symptoms appear decades after discharge. If your condition doesn't qualify for a presumptive service connection, you'll need to be able to present additional documentation to demonstrate that your military service caused your disability.
However, in every case, a precise diagnosis is vital, as the VA can only extend benefits for presumptive service-related connections if applying veterans have been diagnosed with a presumptive service-connected disease. If your documents are deemed incomplete, you'll need to submit additional evidence to support your claim:
- medical records
- chemicals
- expert opinions
- statements from treating physicians
Or any other relevant documentation that addresses the VA's concerns or disputes. In addition, veterans must demonstrate that they served in a particular area or were more likely than not exposed to certain toxins.
Offering Assistance for Veterans in Filing Toxic Exposure Claims
Since the passage of the PACT Act, more than four million veterans have been screened for toxic exposure, and nearly 350,000 US citizens have been approved for expanded benefits. Even if the Act doesn't speed up your claim, working with a qualified attorney can help you move forward and securely navigate the daunting bureaucracy.
A legal expert specializing in toxic exposure will ensure that you file the right paperwork after collecting all necessary documents and vital information to strengthen your case and that your claims comply with VA regulations. We can assist you in contacting experienced lawyers ready to use their skills to represent your case.