The PACT Act of 2022 is a milestone in veterans’ legislation. This new law aims to ensure millions of veterans and survivors receive expanded health care and VA benefits for toxic exposure regarding burn pits, herbicides, contaminated water, and other exposure hazards.
The bill was passed on August 10, 2022. It expands veterans’ health care, the presumption of service connection, ongoing research of toxic exposure and other health issues, and provides essential resources for men and women who were ever exposed to toxic substances during military service.
Impacted veterans include those exposed to burn pits in the Middle East/Gulf War region. Burn pits were used throughout the 1990s and the post-9/11 wars in field settings as a method of waste disposal to burn garbage, jet fuel, chemicals, plastics, rubber, medical/human waste, etc., emitting highly toxic fumes and particulates.
The PACT Act also expands the presumptive conditions and locations for troops who suffered exposure to Agent Orange in Vietnam, radiation exposure, and veterans and civilians who lived or worked on Marine Base Camp Lejeune between August 1, 1953, and December 31, 1987 and were exposed to the toxic water supply.
The PACT Act Bill Is Named in Honor of Sergeant First Class Heath Robinson.
A combat medic, SFC Heath Robinson deployed to Kosovo and Iraq with the National Guard. After returning home from his last deployment, SFC Robinson was diagnosed with an autoimmune disorder and a rare form of lung cancer. These diseases are both associated with burn pit exposure. In May 2020, SFC Robinson died from toxic exposure as a result of his military service at age 39.
The bill’s title is in honor of SFC Robinson – and of the long struggle his family endured getting the federal government to do the right thing. The bill’s full name is “Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act.”
What Does the PACT Act Accomplish?
The purpose of the PACT Act is to provide Veterans exposed to toxins during service with easy access to VA benefits related to toxic exposure and the ensuing health care they deserve. Veterans are affected by the new law based on when and where they served.
For in-depth information about added presumptive conditions and exposure locations, please read our PACT Act Summary.
Major points of this multi-faceted bill include expanded VA benefits for toxic exposure as follows:
- The PACT Act establishes over 20 new presumptive conditions for burn pit exposure and other hazards during Gulf Wars — meaning Gulf War veterans will not have to prove that their service caused their condition(s).
- Post-9/11/2001 veterans who served in Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, Yemen – and any airspace above these locations – are presumed to have been exposed to burn pit toxins.
- The PACT Act establishes over 20 new presumptive conditions for burn pit exposure and other hazards during Gulf Wars — meaning Gulf War veterans will not have to prove that their service caused their condition(s).
- Post-9/11/2001 veterans who served in Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, Yemen – and any airspace above these locations – are presumed to have been exposed to burn pit toxins.
- Gulf War and post-9/11 era veterans who served in the following locations on or after August 2, 1990 are presumed to have been exposed to burn pits: Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, the UAE — and any airspace above these countries.
- Expands presumptive conditions and locations associated with herbicide exposure: Agent Orange presumption is established for veterans who served at an additional five locations during specified dates.
- New presumptive conditions for Agent Orange include high blood pressure and monoclonal gammopathy of undetermined significance
- Expands presumptive locations associated with radiation exposure. Radiation exposure is presumed for veterans who took part in response efforts in three additional locations during specified dates.
- Marine Base Camp Lejeune water contamination: Veterans, family members, and civilian workers exposed to toxins at the Camp Lejeune base in Jacksonville, NC, can finally benefit from filing individual Camp Lejeune lawsuits against the federal government for compensation.
- Dependency and indemnity compensation (DIC) claims; The PACT Act provides an avenue for a claimant-elected reevaluation of previously denied dependency and indemnity compensation (DIC) claims that can result in retroactive effective dates for benefits.
- The VA Health Care enrollment period is expanded for three new groups of veterans who may not have been eligible before now. The Act requires VA to phase in hospital care, medical services, and nursing home care for any illness concerning these veterans.
Toxic Exposure Screenings – PACT Act 2022 triggers changes to disability compensation examination requirements when there is evidence a veteran has participated in a toxic exposure risk activity. Veterans enrolled in VA health care will receive an initial and follow-up toxic exposure screening at least once every five years. Screenings consider burn pits, airborne pollutants, Middle East/Gulf War-related toxic exposure, Agent Orange and other warfare agents, radiation, Camp Lejeune contaminated water, and other harmful exposures.
NOTE: Toxic Exposure Screenings are now available at VA health facilities across the U.S. If you do not have a scheduled appointment with VA Health, you can contact your local VA and request a screening.
For a free legal consultation, call 800-562-9830
When can I file a claim for VA benefits for toxic exposure under the PACT Act?
VA began processing PACT Act benefits for veterans and survivors for new presumptive conditions on January 1, 2023.
If this is your first time filing a claim for a presumptive condition related to exposure to toxins as listed under the PACT Act, you can file a new VA claim online. If you were denied a previous claim and VA has determined that your condition is now presumptive under the PACT Act, the VA recommends that you file a Supplemental Claim. The VA will review the claim again.
Contact us immediately if you have any problems or questions about filing for VA benefits for toxic exposure or enrolling for VA health care services under the PACT Act.
The team at Marc Whitehead & Associates is here to help you with the process. Call to schedule a free consultation and have our accredited veterans’ attorneys start working on your claim.
What Is the Meaning of “Presumptive Condition” for Toxic Exposure?
Normally, to get a serviced-connected VA disability rating, your disability must link to your military service. You must prove to the VA examiner that your service caused your impairment.
Yet, for some conditions, the VA presumes that your service caused your condition. These are called “presumptive conditions.” You don’t need to prove that your service caused the condition. You only need to meet the service requirements for the presumption. To qualify, you must:
- Prove you served in one of the eligible locations, and
- Have evidence of a disability related to toxic exposure (this does not require military records of the disabling condition)
Thus, if your health was ever affected by toxic exposure during your service in the military, you may now meet the new criteria. As a result, you may be eligible for monthly VA disability benefits for toxic exposure and significant VA health care benefits that you did not qualify for in the past.
The VA will only consider a condition presumptive when it’s established by law or regulation. A well-known example would be Viet Nam veterans subjected to toxic herbicides like Agent Orange, who now live with or have died from various forms of cancer, heart disease, Parkinson’s disease, and more. With the passing of the Agent Orange Act of 1991, VA automatically finds these and certain other diseases to be presumptively service-connected.
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How long will it take to receive PACT Act benefits?
It’s far too soon to answer confidently in terms of days, months, or years. This is something we’re watching closely. The VA already faces a massive backlog in VA disability claims. The PACT Act dramatically increases the VA’s workload, with an expected 3.5 million or more claims for VA benefits for toxic exposure in the queue.
The PACT Act empowers the VA to increase its capacity to handle the flood of new claims, authorizing the VA to beef up the benefits division and other resources by (1) adding more claims handling personnel and (2) ramping up a “modernization agenda” regarding technology. A recent article in the Federal News Network, confirms the VA will expand its VA benefits workforce through the end of 2023. According to Josh Jacobs, Acting Undersecretary for Benefits, the “VBA is using new PACT Act authorities and funding to hire an additional 1,900 employees in the first half of fiscal 2023.” Jacobs added, “The agency has already completed onboarding steps for about 40% of its target workforce. The bottom line is we want to send a message to veterans that we’re ready.”
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What’s Your Next Step?
The PACT Act stands alone as the most meaningful improvement to VA compensation and health care benefits for U.S. veterans and their survivors in over thirty years since the Agent Orange Act was passed.
Naturally, the passage of the PACT Act has left veterans and their survivors with many questions. For example, you may be unsure about a potential new claim for VA benefits for toxic exposure under the PACT Act. Or you might not be getting the support you need for a previously denied VA claim which may now qualify under the Act. We urge you to contact our VA attorneys as soon as possible.
Don’t let indecision prevent you from taking action. Talk to us about your case. You can reach our dedicated team toll free from anywhere in the country at 800-562-9830.
PACT Act Resources:
Read the full text of the Honoring Our PACT Act here:
H.R.3967 — 117th Congress (2021-2022): Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 https://www.congress.gov/bill/117th-congress/house-bill/3967/text
VA’s PACT Act resource page for veterans, survivors, family members, public access:
U.S. Department of Veterans Affairs; The PACT Act and your VA benefits; https://www.va.gov/resources/the-pact-act-and-your-va-benefits/
Also: va.gov/pact
Call or text 800-562-9830 or complete a Free Case Evaluation form
