Formerly named the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act, this law became effective in August 2022. The PACT Act is significant because it greatly expands the scope of VA healthcare benefits for military veterans exposed to toxic substances during their time of service.
The expansion allows the VA to provide essential medical care to a larger group of veterans, and in some cases, their survivors. By some measures, the PACT Act is the largest benefit expansion in the history of the VA. This law’s passage will potentially help millions of U.S. veterans who suffer from health conditions related to toxic exposure to burn pits or other hazards.
5 Benefits of the PACT Act of 2022
- Addition of more than 20 presumptive conditions
- Expansion of presumptive-exposure locations
- Extension of eligibility
- Increased research, staff education, and medical treatment
- Toxic exposure screening for every veteran enrolled in VA Health Care
U.S. military service exposes soldiers to numerous hazards, including exposure to toxic fumes and chemicals from burn pits. This exposure can lead to long-term, chronic, and debilitating health conditions later in life. The PACT Act’s expansion of VA benefits for soldiers exposed to toxic chemicals is historic and potentially provides access to essential medical care for millions more U.S. veterans.
Historically, veterans have had difficulty obtaining VA health care benefits associated with toxic burn pit exposure, often having their claims for benefits denied due to the heavy burden of proof. However, the PACT Act eases this burden of proof, making the process of obtaining VA health care benefits associated with toxic burn pit exposure much less time-consuming and difficult for veterans.
This expansion of VA health care benefits, like programs such as the Veteran Rapid Retraining Assistance Program, helps veterans find new careers and enjoy the highest quality of physical and mental health available to them.
What Are Military Toxic Exposures?
Military toxic exposures refer to a broad range of toxins, pollutants, fumes, and chemicals that U.S. veterans may have come into contact with during their time of service. These contaminants include air pollution from toxic burn pits, oil well fires, dust, pesticides, sand, and other airborne toxins.
Chemicals like Agent Orange and other herbicides used during the Vietnam War are sources of toxic exposure. Day-to-day duties may expose members of the military to industrial solvents, toxic fumes, asbestos, burn pits, radiation, and chemicals present in insulating fluid and ammunition, many of which have been linked to long-term health concerns.
Gulf War veterans may have additional health concerns linked to the use of chemical and biological weapons, which may contribute to the mysterious Gulf War Syndrome.
Here’s why Congress passed the PACT Act of 2022
Caring for military personnel and their families is a sacred obligation of the U.S. government. Veterans Affairs health care plays a crucial role in ensuring veterans and their families remain physically and mentally healthy and able to enjoy the highest quality of life available long after their military service is complete.
Research shows that many chronic health conditions, including asthma and cancer, may not appear until many years after a veteran’s service has ended, making it difficult for them to prove a direct link between their service and current medical conditions. Proving a service connection is typically required before VA disability benefits are awarded, which has prevented many American veterans from accessing the benefits earned through their service. The PACT Act removes this barrier.
Named in honor of Sergeant First Class Heath Robinson, the PACT Act is expected to deliver more timely VA health care benefits and services to over five million veterans across several generations who may have been exposed to toxic fumes, substances, and/or burn pits during their time of service.
This legislation removes barriers to accessing the benefits veterans earned through their service and ensures that they receive the care they need to maintain their physical and mental health long after their service has ended.
5 Benefits of the PACT Act of 2022
Thanks to the PACT Act, Veterans are now able to receive better VA health care benefits.
Addition of more than 20 presumptive conditions
Veterans living with a presumptive condition no longer need to prove that their service directly caused the medical condition. Instead, they need only to meet the service requirements. This change is especially significant for Gulf War era and post-9/11 veterans.
The VA recognizes 12 types of cancer, such as brain cancer, skin cancer, and lymphoma, as presumptive conditions. Additionally, 12 other illnesses, including asthma, bronchitis, and emphysema, are now considered presumptive conditions.
Proving a documented connection between a current medical condition and the time and conditions of military service is one of the biggest hurdles to overcome when applying for VA disability benefits. Unless a current medical condition is classified as “presumptive,” a veteran must undergo extensive medical review and testing to demonstrate that something during the time of military service was the direct cause of their current medical issues. This process can be difficult and time-consuming, leading many veterans to go without compensation while they wait for a decision from the VA.
With the addition of 20 more presumptive conditions, veterans with those conditions can skip the extensive medical evidence portion of their VA disability benefits claim. This not only increases the chances of their claims being accepted but also greatly reduces the time veterans must wait before receiving disability compensation. The PACT Act also includes provisions to speed up the review process for veterans with deteriorating health conditions and those over 80 years old.
Expansion of presumptive-exposure locations for Agent Orange and radiation
The PACT Act increased the number of locations added to the presumptive list for veterans who have been exposed to toxic substances like Agent Orange and radiation.
New locations for Agent Orange exposure include:
- All U.S. or Royal Thai military bases in Thailand from January 9, 1962, through June 30, 1976
- Guam, American Samoa, or the territorial waters off of Guam or American Samoa from January 9, 1962, through July 30, 1980
- Cambodia at Mimot or Krek, Kampong Cham Province from April 16, 1969, through April 30, 1969
- Johnston Atoll or on a ship that called at Johnston Atoll from January 1, 1972, through September 30, 1977
- Laos from December 1, 1965, through September 30, 1969
Any U.S. veterans serving in these areas within the specified time periods now will be considered as having toxic exposure to Agent Orange.
New locations for radiation exposure include:
- Cleanup of the Air Force B-52 bomber carrying nuclear weapons off the coast of Palomares, Spain, from January 17, 1966, through March 31, 1967
- Cleanup of Enewetak Atoll, from January 1, 1977, through December 31, 1980
- Response to the fire onboard an Air Force B-52 bomber carrying nuclear weapons near Thule Air Force Base in Greenland from January 21, 1968, to September 25, 1968
U.S. military personnel who participated in certain efforts will now be presumed to have been exposed to radiation.
The VA has recognized hypertension and monoclonal gammopathy of undetermined significance as two new presumptive conditions associated with toxic exposure to Agent Orange or radiation. Monoclonal gammopathy of undetermined significance recognition is already in effect, while the recognition of hypertension as a presumptive condition will take effect in 2026.
Extension of eligibility
Toxic exposure symptoms can take years to manifest, which has caused many U.S. veterans to miss their eligibility window for VA healthcare enrollment. As a result, many veterans have been unable to receive the vital medical care and support they need.
With the PACT Act, the eligibility timeline has been expanded to allow more veterans to access VA benefits. For post-9/11 combat veterans, the bill extends the eligibility period for enrolling in VA health care from five to 10 years after separating from service. Additionally, combat veterans who do not fall within that timeframe will have a one-year open enrollment period. These expansions of eligibility will enable more veterans to enroll in VA health care without needing to prove a documented service-connected disability.
Increased research, staff education, and medical treatment
The PACT Act mandates the VA to conduct new research studies of veterans who served in Southwest Asia during the Gulf War and post-9/11 veterans’ health trends. An interagency working group, led by the Secretary of Veterans Affairs, will create a five-year strategic plan for toxic exposure research. Additionally, the Act provides for VA personnel to receive additional training on symptoms of toxic exposure in veterans.
For this legislation to be successful, the VA needs sufficient resources to provide essential services to veterans. The PACT Act addresses this need by enhancing claims processing, increasing the VA’s workforce, and authorizing 31 medical health clinics and research facilities in 19 states.
Toxic exposure screening for every veteran enrolled in VA health care
The PACT Act mandates that U.S. veterans receiving VA medical care will undergo regular screenings for indications of toxic exposure. Additionally, the VA will launch a wide-ranging outreach program to increase awareness among all veterans about toxic exposure resources, benefits, and support available to them.
Recent estimates by the U.S. Department of Defense suggest that over 3.5 million military personnel may have been exposed to harmful toxins at levels that could lead to health issues. Despite this, only a small percentage of affected veterans have registered with the VA’s official burn pit registry.
How to apply for these new benefits
If you haven’t yet applied for VA disability benefits, you can do so in various ways, including online, by mail, in person, or with the help of qualified professionals through Veterans Service Organizations or attorneys. Local American Legion chapters may also have experts available to assist veterans in filing their claims.
If you have previously filed a claim that was denied, it may now be considered a presumptive condition, and you can submit a supplemental claim for review. If you currently have a claim in progress, you do not need to take any action.
If you believe you may qualify for a presumptive condition, it’s important to file a new claim as soon as possible. The VA actively encourages veterans who may be eligible for benefits and care under the PACT Act to submit a claim. Depending on the circumstances, you may even qualify for retroactive benefits if you file your claim as early as possible.