Pact Act Benefits
How much do you know about the PACT Act? It is a new law that expands veteran benefits for those exposed to burn pits, Agent Orange, and other toxins. It may be the largest health care and benefit expansion in VA history, and the full name of the law is the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. Under the PACT Act, veterans who have been exposed to toxic substances will receive further benefits and health services, with reduced paperwork required to claim these benefits.
History of the PACT Act
First introduced in 2021 by Representative Mark Takano (D-California), the act is named after a decorated combat medic who died of a rare type of lung cancer, due to his exposure to toxic burn pits during his deployment to Iraq. Burn pits were used for waste disposal during the Gulf War, the Kosovo War, the War in Afghanistan, and the Iraq War, but their use has been discontinued due to the toxic fumes they emitted. Still, between 2007 and 2020, the VA denied 78 percent of disability claims filed by service members exposed to these burn pits. The PACT Act seeks to rectify this issue, removing the burden of proof from veterans suffering from illnesses and providing retroactive pay to those veterans who did not receive care for illnesses after claiming their disabilities were caused by burn pit exposure. The act was signed into law in August 2022, and since the establishment of the PACT Act, VA screenings for toxic exposure have topped 4.5 million, with more than 400,000 benefits claims approved at a 78 percent approval rate.
Changes Wrought By the PACT Act
For over 5 million veterans, the PACT Act is expected to provide additional benefits, under changes that include:
- The addition of 20 more illnesses as presumptive conditions for burn pit and other toxic exposures, meaning that veterans no longer need to prove that their condition was caused by their service. Survivors of veterans killed by these conditions may also be eligible for benefits.
- More presumptive exposure locations added for Vietnam era veterans.
- Expansion of the enrollment period to join VA health care, allowing post-9/11 combat veterans to enroll within 10 years of discharge rather than five. Other veterans have a one-year open enrollment period, with no requirement to demonstrate a service-connected disability.
- Toxic exposure screening to every veteran enrolled in VA health care.
- Research, staff education, outreach and treatment improvements, related to toxic exposure.
The PACT Act Impacts on Gulf War and Post-9/11 Veterans
- Cancers considered presumptive conditions: brain, glioblastoma, kidney, melanoma, neck and pancreatic cancers, any type of cancer that is gastrointestinal, head-related, lymphatic, lymphoma, reproductive and respiratory.
- Additional conditions presumed to be connected to service: chronic bronchitis, chronic COPD, chronic rhinitis, chronic sinusitis, constrictive or obliterative bronchiolitis, emphysema, granulomatous disease, interstitial lung disease, pleuritis, pulmonary fibrosis and sarcoidosis, and asthma diagnosed after service.
- Locations where post-911 veterans are presumed to have been exposed to burn pit toxins: Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, Yemen, and any airspace above these locations.
- Locations where Gulf War and post-911 veterans are presumed to have been exposed to burn pit toxins: Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, the UAE, and any airspace above these countries.
The PACT Act Impacts on Vietnam Veterans
- Establishment of new presumptive conditions for Agent Orange, including high blood pressure and monoclonal gammopathy of undetermined significance.
- The addition of five location at which veterans who served are assumed to have been exposed to Agent Orange during specified dates.
- Assumption of radiation exposure to veterans who were a part of response efforts in three additional locations during specific dates.
VA Benefits Available to Survivors
- Dependency and indemnity compensation
- One-time accrued benefits payment
- Health Care through CHAMPVA (Civilian Health and Medical Program of the Department of Veterans Affairs
- Burial allowance to help with veteran’s funeral costs and funeral costs for qualifying spouses, partners, or children
Filing a Claim
You can access more details and eligibility information related to the PACT Act by visiting VA.gov/PACT or calling 800-MyVA411 (698-2411). You can file a claim online, by mail, in person, or with the help of a professional from a Veteran Service Organization. If you’ve had a claim denied in the past that is now considered presumptive, you can file a supplemental claim.
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