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The Promise to Address Comprehensive Toxics (PACT) Act went into effect in January 2023 and represents a significant benefits increase for Veterans of the Vietnam, Gulf War, and post-9/11 eras.
The PACT Act adds to the list of health conditions that the VA presumes are caused by exposure to burn pits, Agent Orange, radiation, asbestos, and other toxic exposures.
If you’re a Veteran, here’s how this landmark legislation may benefit you.
What Does it Mean to Have a Presumptive Condition?
A presumptive condition means that the VA automatically presumes that certain disabilities and conditions were caused by your time in service. Under presumptive conditions, you don’t have to have been diagnosed while you were in service or need to prove that your service caused the condition to qualify for VA disability benefits.
Without the presence of a presumptive condition, your disability must connect to your military service to get a VA disability rating. For many health conditions, you need to prove that your service caused your condition. However, when a presumptive condition is present, it is automatically assumed that your service caused your condition. The VA considers a condition presumptive when it’s established by law or regulation.
If you have a presumptive condition, you don’t need to prove that your service caused the condition. You only need to meet the service requirements for the presumption.
Presumptive Conditions for Toxic Exposure in 2023
The PACT Act adds new presumptive conditions to an existing list of previously established conditions. If you have any of these other conditions, you may be eligible for health care or benefits as well.
Agent Orange.
If you served in the Republic of Vietnam or in or near the Korean Demilitarized Zone (DMZ) during the Vietnam Era—or in certain related jobs—you may have had contact with Agent Orange, an herbicide used to clear plants and trees during the war.
Asbestos.
If you worked in certain military jobs, you may have had contact with asbestos (toxic fibers once used in many buildings and products).
Birth defects like spina bifida.
If you served in the Republic of Vietnam, in Thailand, or in or near the Korean DMZ during the Vietnam Era—and your child has spina bifida or certain other birth defects—your child may be eligible for disability benefits.
Contact with mustard gas or lewisite.
If you served at the German bombing of Bari, Italy, in World War II or worked in certain other jobs, you may have had contact with mustard gas.
Contaminated drinking water at Camp Lejeune.
If you served at Camp Lejeune or MCAS New River between August 1953 and December 1987, you may be at risk of certain illnesses believed to be caused by contaminants found in the drinking water during that time.
Gulf War Illnesses in Southwest Asia.
If you served in the Southwest Asia theater of operations, you may be at risk of certain illnesses or other conditions linked to this region.
Gulf War Illnesses in Afghanistan.
If you served in Afghanistan, you may be at risk of certain illnesses or other conditions linked to this region.
Project 112/SHAD.
If you were part of warfare testing for Project 112 or Project Shipboard Hazard and Defense (SHAD) from 1962 to 1974, you may be at risk of illnesses believed to be caused by chemical testing.
Radiation exposure.
If you served in the post-WWII occupation of Hiroshima or Nagasaki, were imprisoned in Japan, worked with or near nuclear weapons testing, or served at a gaseous diffusion plant or in certain other jobs, you may be at risk of illnesses believed to be caused by radiation.
Post 9/11 & Gulf War Presumptive Conditions
Here’s a list of illnesses, diseases, and conditions added to the Gulf War and post-9/11 Veterans’ presumptuous conditions.
Cancers
- Brain cancer
- Gastrointestinal cancer of any type
- Glioblastoma
- Head cancer of any type
- Kidney cancer
- Lymphatic cancer of any type
- Lymphoma of any type
- Melanoma
- Neck cancer of any type
- Pancreatic cancer
- Reproductive cancer of any type
- Respiratory (breathing-related)cancer of any type
Illnesses
- Asthma that was diagnosed after service
- Chronic bronchitis
- Chronic obstructive pulmonary disease (COPD)
- Chronic rhinitis
- Chronic sinusitis Constrictive bronchiolitis
- Obliterative Bronchiolitis Emphysema Granulomatous Disease
- Interstitial lung disease (ILD)
- Pleuritis
- Pulmonary fibrosis Sarcoidosis
If you served in any of the following locations and time periods, the VA has presumptively determined you had exposure to burn pits or other toxins.
On or after September 11, 2001, in any of these locations:
- Afghanistan
- Djibouti
- Egypt
- Jordan
- Lebanon
- Syria
- Uzbekistan
- Yemen
- The airspace above any of these locations
On or after August 2, 1990, in any of these locations:
- Bahrain
- Iraq
- Kuwait
- Oman
- Qatar
- Saudi Arabia
- Somalia
- The United Arab Emirates (UAE)
- The airspace above any of these locations
Vietnam Era Presumptive Conditions
Two Vietnam-era Agent Orange presumptive conditions were also added. They are:
- High blood pressure (hypertension)
- Monoclonal gammopathy of undetermined significance (MGUS)
Under the PACT Act, the VA added these 5 new locations to the list of presumptive locations:
- Any U.S. or Royal Thai military base in Thailand from January 9, 1962, through June 30, 1976
- Laos from December 1, 1965, through September 30, 1969
- Cambodia at Mimot or Krek, Kampong Cham Province from April 16, 1969, through April 30, 1969
- Guam or American Samoa or in the territorial waters off of Guam or American Samoa from January 9, 1962, through July 31, 1980
- Johnston Atoll or on a ship that called at Johnston Atoll from January 1, 1972, through September 30, 1977
This isn’t the full list of presumptive locations for Agent Orange exposure. You can work with Veteran Ratings to review eligibility requirements for more presumptive locations.
You may also be eligible for disability compensation based on other Agent Orange presumptive conditions. These conditions include certain cancers, type 2 diabetes, and other illnesses.
How the PACT Act Affects VA Benefits and Care in 2023
According to the VA, the PACT Act creates these changes:
- Expands and extends eligibility for VA health care for Veterans with toxic exposures and Veterans of the Vietnam, Gulf War, and post-9/11 eras
- Adds 20+ more presumptive conditions for burn pits, Agent Orange, and other toxic exposures
- Adds more presumptive-exposure locations for Agent Orange and radiation
- Requires VA to provide a toxic exposure screening to every Veteran enrolled in VA health care
- Helps the VA improve research, staff education, and treatment related to toxic exposures
How to Get Benefits
Veteran Ratings can offer you a risk-free consultation to guide you as you gather information and refer you to medical professionals in our partner network who have extensive experience working with Veterans to give them the best possible chance for claim approval.
If the VA denied your disability claim in the past and through the PACT ACT your condition is now considered presumptive, Veteran Ratings and our consulting partners can also guide you as you gather evidence and documentation you can use to submit a Supplemental Claim.
If the VA denied your claim in the past and believes you may be eligible now, they may try to contact you. However, you don’t need to wait to be contacted you before you file a Supplemental Claim.
Toxic Exposure Screenings
Every Veteran enrolled in VA health care will receive an initial toxic exposure screening and a follow-up screening at least once every 5 years. Toxic exposure screenings are available at VA health facilities across the country.
Veterans who are not enrolled and who meet eligibility requirements will have an opportunity to enroll and receive the screening. The screening will ask you if you think you were exposed to any of these hazards while serving:
- Open burn pits and other airborne hazards
- Gulf War-related exposures
- Agent Orange
- Radiation
- Camp Lejeune contaminated water exposure
- Other exposures
Based on the results of your screening, you may receive information about benefits, registry exams, and clinical resources.
PACT Act Resources and Support for Veterans
Veteran Ratings, through our staff and extensive partner network of medical professionals, can provide you with critical information and resources to ensure you have the documentation and evidence you need to submit a successful claim in all cases.
Our consultation is risk-free and our Veteran consulting partner’s case managers have a 95% success rate for claim submissions of all types. That means you greatly increase the odds that you’ll get the important benefits you need in an expedited timeframe.
FAQs About the PACT Act 2023
Will applying for PACT Act benefits impact my current benefits?
Possibly. Due to additions to presumptive conditions, you may be entitled to benefits now even if you had previously been denied.
Can the VA deny a presumptive disability?
If you have a presumptive condition, you don’t need to prove that your service caused the condition. You only need to meet the service requirements for the presumption. Veteran Ratings can help you make sure your documentation and service requirement paperwork will qualify you for a presumptive disability without delays.
Do I need a toxic exposure screening before filing a claim?
The PACT Act requires VA to provide a toxic exposure screening to every Veteran enrolled in VA health care. Toxic exposure screenings do not automatically award Veterans disability benefits, but they can connect servicemembers with critical resources.
What is the VA rating for a presumptive condition?
It depends. Some of the conditions on the VA Presumptive List are required to be a certain seriousness within a certain amount of time. For example, you may come across a requirement that states, “manifest to at least 10% within one year of exposure,” which means that the condition must meet the requirements for a 10% rating under its code within one year of exposure.
You can work with Veteran Ratings to get a clearer picture of what you may be entitled to as you work through your claim process.
How much money can you get from the PACT Act?
All the new PACT Act benefits are part of the new increase in pay scale that also went into effect in January 2023. You can be paid a monthly VA Dependency and Indemnity Compensation (VA DIC) amount that will depend on the percentage and nature of your disability rating.
For example, a 60% disability rating for burn pit exposure entitles you to over $1,000 a month in disability compensation. The exact amount you’re entitled to receive, if approved, will vary on a case-by-case basis.
