The U.S. Senate passed the PACT Act, the largest expansion of the VA’s healthcare and benefits ever, on August 2, 2022. Formally known as the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act, the bill will provide millions of Veterans with benefits following their exposure to toxins during service.

Veterans who served in the Vietnam War, the Gulf War, and in post-9/11 conflicts will benefit from a massive expansion in eligibility and benefits. The PACT Act, like anything related to the VA, can be complex, and you may have questions about it.

Here, we’ll explain the major changes to be aware of following the PACT Act, and how it might affect you depending on when and where you served.

What is a Presumptive Condition?

Typically, in order to receive disability benefits through the VA, you must prove that your disability has a service connection, meaning that the disability was either caused or aggravated by your service in the armed forces.

However, there are many illnesses and diseases that the VA automatically assumes to be caused by service-related stressors. These are called presumptive conditions, and the VA will automatically grant disability benefits for them so long as the Veteran meets requirements relating to their service.

The period a Veteran served in typically contributes to eligibility as well. For example, to be eligible for most Agent Orange presumptive conditions, including newly added conditions, a Veteran must have served in the Vietnam War at specific locations during specific time frames. If a Veteran was stationed in Vietnam in 2010 or stationed in the United States during the Vietnam War, it’s unlikely that they’d be eligible for those benefits for presumptive conditions. 

New Agent Orange Presumptive Conditions for Vietnam Veterans

Veterans who served in the Vietnam War will now be eligible for VA benefits if they suffer from either of two new illnesses now considered presumptive under the PACT Act. The new presumptive conditions for Agent Orange exposure are:

• High blood pressure (hypertension)

• Monoclonal gammopathy of undetermined significance

Read more about Agent Orange and new Presumptive Conditions in the PACT Act

New Presumptive Locations for Agent Orange Exposure

Additionally, Vietnam Veterans who served during the following periods at any of these five locations are now presumed to have been exposed to Agent Orange:

• Any U.S. or Royal Thai military base in Thailand between January 9, 1962 and June 30, 1976

• Laos between December 1, 1965 and September 30, 1969

• Cambodia at Mimot or Krek, Kampong Cham Province between April 16, 1969 and April 30, 1969

• Guam, American Samoa, or either island’s territorial waters between January 9, 1962, and July 30, 1980

• Johnston Atoll, or any U.S. ship that went to Johnston Atoll between January 1, 1972, and September 30, 1977

Burn Pit Exposure Presumptive Conditions for Gulf War and Post-9/11 Veterans

Under the PACT Act, 12 illnesses and 12 cancer types are now considered presumptive conditions for Veterans who served in the Gulf War or Post 9/11—they are as follows:

Presumptive Illnesses:

• Asthma (diagnosed after service)

• Chronic bronchitis

• Chronic obstructive pulmonary disease (COPD)

• Chronic rhinitis

• Chronic sinusitis

• Constrictive bronchiolitis or obliterative bronchiolitis

• Emphysema

• Granulomatous disease

• Interstitial lung disease (ILD)

• Pleuritis

• Pulmonary fibrosis

• Sarcoidosis

Presumptive cancers:

• Brain cancer

• Gastrointestinal cancer — any type

• Glioblastoma

• Head cancer — any type

• Kidney cancer

• Lymphatic cancer — any type

• Lymphoma — any type

• Melanoma

• Neck cancer — any type

• Pancreatic cancer

• Reproductive cancer — any type

• Respiratory (breathing-related) cancer — any type

Am I Eligible for Benefits Under the PACT Act?

Obtaining benefits for presumptive conditions depends on when and where you served. There are three main groups who will benefit from the new presumptive conditions under the PACT Act: post-9/11 Veterans, Gulf War Veterans, and Vietnam War Veterans.

Eligibility for Post-9/11 Veterans Under the PACT Act

Veterans who served in, or in the airspace above any of the following locations on or after September 11, 2001 are presumed to have been exposed to toxic burn pits:

• Afghanistan

• Djibouti

• Egypt

• Jordan

• Lebanon

• Syria

• Uzbekistan

• Yemen

Veterans 

Eligibility for Gulf War Veterans Under the PACT Act

Like post-9/11 Veterans, Gulf War Veterans are presumed to have been exposed to toxic burn pits if they served on or after August 2, 1990 in, or in the airspace above the following locations:

• Bahrain

• Iraq

• Kuwait

• Oman

• Qatar

• Saudi Arabia

• Somalia

• The United Arab Emirates (UAE)

How Do I Get Benefits for Presumptive Conditions?

Assuming you meet the conditions for newly added presumptive conditions, you can file a new disability claim. Claims can be filed online, by mail, or in person at your regional VA office.

What If My Claim Was Denied?

Many Veterans know the frustration of submitting a claim only to have it denied. Fortunately, if you submitted a disability claim in the past and were denied for a condition that’s now presumptive under the PACT Act, you can submit a Supplemental Claim to have your case reviewed again.

Additionally, the VA will try to contact all veterans who were denied for claims that are now considered presumptive. The VA won’t start processing these claims until January 2023, but if you file a claim within the next year, your benefits will be backdated to August 11, 2022, when the PACT Act was signed. 

If your claim is denied despite your eligibility for benefits under the PACT Act, know that you have options. For an attorney with over a decade of experience navigating VA claims, contact the Law Office of Michael D.J. Eisenberg today. 

Are Your Military Records Making You Ineligible For Benefits?

The PACT Act is an incredible piece of legislation that will bring benefits to millions of Veterans who sacrificed their health in the line of duty. However, due to the vast scale of the military and the fact records weren’t always properly kept or made due to the fog of war, or a small mistake or typo in your military record could prevent you from receiving the benefits you deserve.

We’ve seen it happen before, such as in the case of Kenneth Haselwander, whose combat injuries weren’t recorded in his service record, making him ineligible to the Purple Heart medal he was entitled to.

Unfortunately, having errors in your military record corrected is no easy task. However, that doesn’t mean it’s impossible, and with the help of a VA-accredited lawyer like Michael D.J. Eisenberg, you’ll have someone fighting on your side. 

If your military records don’t accurately reflect your service and it’s preventing you from eligibility for the PACT Act’s new presumptive conditions, don’t just accept it; instead, contact the Law Office of Michael D.J. Eisenberg today.

Note: Consultations for Military Records Issues and Medical/Physical Evaluation Boards  are paid; however, Veterans’ Benefits Appeals Matters are free.

The information in this post is for informational purposes only and does not establish a client-attorney relationship. Speak with a legal professional if you believe you have been wrongfully denied benefits.