The PACT act is a new law that expands VA health care and benefits for Veterans exposed to burn pits and toxic substances for veterans of the Vietnam era, Gulf War era, and Post 9/11era.

VA has announced that all the presumptive conditions included in the PACT Act are eligible for benefits, effective 10 August 2022, the day the bill was signed into law. However, the VA needs to write the rules to determine the specifics of the law. Once these have been determined, the VA will begin processing claims. There is no waiting period for filing claims so veterans are urged to file their claims asap, especially those whose claims were previously denied.

Because it covers veterans from Vietnam thru Afghanistan, there is a lot of information in this new law. Understanding all of the different exposures and what they may mean to you can be overwhelming. I will try to give you an overview of the exposures and eligibility requirements for each, beginning with the Vietnam era veterans.

The PACT Act has added two new Agent Orange presumptive conditions for Vietnam veterans. They are Monoclonal Gammopathy of Undetermined Significance (MGUS) and hypertension. Also added are expanded areas of service to include Thailand at any US or Royal Thai base from 1962-1976, Laos from1965-1969, certain provinces in Cambodia in April 1969, Guam, or American Samoa or their territorial waters from 1962-1980, or the Johnston Atoll or a ship that called there from 1972-1977. The VA had previously added three new presumptives, bladder cancer, hypothyroidism and Parkinson’s disease or Parkinson like symptoms.

Radiation presumptive locations for response efforts were also added to the list of presumptive locations. They are the Cleanup of Enewetak Atoll, from January 1, 1977, through December 31, 1980, 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 and the 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.

The toxic exposure for Gulf War Veterans portion of the law is much more complex. Veterans who were assigned to a duty station in (including airspace above) certain locations during specific periods of time are covered. Included are service on or after August 2, 1990, in Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, or the United Arab Emirates and on or after September 11, 2001, in Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Yemen, Uzbekistan, or an other country determined relevant by VA. Any Veterans deployed in support of Operation Enduring Freedom, Operation Freedom’s Sentinel, Operation Iraqi Freedom, Operation New Dawn, Operation Inherent Resolve, or Resolute Support Mission are also eligible. With 23 presumptive conditions, open enrollment in VA health care, toxic exposure screening, survivor benefits and much more, the law can be confusing at times. Some of those benefits are explained in the following paragraphs.

The PACT Act has created 23 new presumptive conditions that went into effect the day bill became law. If you have any of the following conditions, it is presumed they were caused by your time in service. Veterans and survivors can file claims for all conditions outlined in the act immediately. For Gulf War and post 9-11 Veterans, that includes: Brain cancer, Glioblastoma, Respiratory (breathing-related) cancer of any type, Gastrointestinal cancer of any type, Head cancer of any type, Lymphoma of any type, Lymphatic cancer of any type, Neck cancer, Pancreatic cancer, Reproductive cancer of any type, Kidney cancer, Melanoma, Asthma that was diagnosed after service, Chronic rhinitis, Chronic sinusitis, Constrictive bronchiolitis or obliterative bronchiolitis, Emphysema, Granulomatous disease, Interstitial lung disease (ILD), Pleuritis, Pulmonary fibrosis, Sarcoidosis, Chronic bronchitis, Chronic obstructive pulmonary disease (COPD).

On October 1, 2022, the PACT Act begins a 1-year period for care and enrollment for Veterans who served on active duty in a theater of combat operations during a period of war after the Persian Gulf War or in combat against a hostile force during a period of hostilities after August 2, 1990, and who were discharged or released between September 11, 2001 and October 1, 2013. Enrollment is free and is not subject to income or asset guidelines. All veterans who served during this time period are encouraged to enroll.

Every enrolled Veteran will receive an initial toxic exposure screening and a follow-up screening every five years. Veterans who are not enrolled, but who are eligible to enroll, have an opportunity to enroll and receive the screening.

Family members or dependents of a deceased Veteran may qualify for various VA benefits due to the additional defined in the PACT Act if they meet eligibility requirements. Benefits include Dependency and Indemnity Compensation (DIC), Accrued, and Burial benefits and health care through the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA).

VA will contact Veterans when a presumption of service connection is established or changed. Most claims previously denied will not automatically be reviewed under the PACT Act. Veterans who were previously denied a toxic-exposure related claim are encouraged to file a supplemental claim. Once the supplemental claim is received, VA will review the claim under the new policies.

As you can see, the PACT Act is a complex bill. Most Veterans will have difficulty understanding the eligibility and benefits of this bill. The best way to receive assistance in filing a claim or getting your questions answered is by contacting Jerry Seiner, Charles Mix County Veterans Service Officer. To make an appointment or call with questions, call the office at 487-7691 or cell at 481-1338. Office hours are Monday and Tuesday from 8:00 to 4:30 and Wednesday from 8:00 to 12:00.