What is the PACT Act?

The PACT Act is named in honor of Sergeant First Class Heath Robinson, an Army National Guard member who died in 2020 from a rare cancer linked to toxic exposure during his deployment. This act responds to decades of advocacy from veterans who suffered illnesses related to exposure to burn pits, Agent Orange, and other hazardous substances. It is a comprehensive effort to ensure that veterans receive the healthcare and compensation they deserve.

Key Provisions of the PACT Act

The PACT Act aims to make the Department of Veterans Affairs (VA) more accessible and responsive to veterans affected by toxic exposure. Its key provisions include:

1. Expanded Healthcare Eligibility

The act expands VA healthcare eligibility to cover post-9/11 combat veterans, including those who were previously ineligible due to enrollment deadlines. This includes approximately 3.5 million veterans who were exposed to burn pits and other toxins.

2. Presumptive Conditions for Toxic Exposure

One of the most significant aspects of the PACT Act is the establishment of a presumptive service connection for certain conditions. Veterans diagnosed with any of the conditions listed under the act no longer need to prove their illness is directly linked to their military service.

For burn pit exposure, the act recognizes 23 specific conditions, including respiratory issues like asthma and chronic bronchitis, as well as cancers such as brain, kidney, and pancreatic cancer. It also expands the list of presumptive conditions related to Agent Orange, including hypertension and monoclonal gammopathy.

3. Enhanced Toxic Exposure Screening

The VA will conduct regular toxic exposure screenings for all enrolled veterans. This proactive measure ensures early identification of illnesses and a streamlined process for addressing health concerns.

4. Improved VA Resources and Accountability

The act allocates funds to modernize VA facilities, hire additional staff, and improve claims processing times. It also mandates an annual report to Congress to ensure transparency and accountability in how the VA addresses toxic exposure claims.

5. Broader Geographic Coverage

The PACT Act expands the list of locations presumed to have exposed veterans to harmful chemicals, including countries in the Middle East, Southeast Asia, and Africa. This change acknowledges the widespread nature of toxic exposure in modern military operations.

Why is the PACT Act Important?

The PACT Act addresses a systemic issue that has impacted generations of veterans. Burn pits, used extensively during operations in Iraq and Afghanistan, exposed service members to a toxic mix of chemicals from burning waste. Similarly, veterans of the Vietnam War were exposed to Agent Orange, a herbicide later linked to severe health conditions.

Historically, many veterans faced significant barriers in proving their illnesses were service-connected, leading to delays or denials of benefits. The PACT Act removes much of this burden by presuming a link between service and specific conditions. This change ensures faster access to healthcare and financial support for veterans and their families.

What Does This Mean for You?

For millions of veterans, the PACT Act guarantees access to healthcare for those who have suffered silently from the effects of toxic exposure. In theory, it makes the claims process for exposed veterans easier.

The act also benefits surviving family members of veterans who died from presumptive conditions. Spouses, children, and dependents can now receive benefits previously denied due to the lack of a service connection.

What to do to make sure you are eligible for PACT Act related benefits?

If you have never filed a claim for one of the presumptive conditions, but you believe you are eligible, the next steps are:

1. Fill out VA Form 21-526EZ and upload to VA via Quick Submit.
2. Make sure you include any documents showing your diagnosis and current treatment

If you’ve been denied for one of these conditions, please reach out with copies of your denial letters from VA by filling out my intake form. I’ll review them, and if I think you have a case I can represent, I’ll be in touch.

What happens if you become a client?

For each of my clients, I do a comprehensive review of the entire c-file, including service treatment records, VA medical records, VA decisions and more. This is a page by page review (for many veterans the file is thousands of pages long) so it can take a little time.

Once the review is complete, I develop a strategy for your case, then we meet to go over it. While my main work is appeals, if I offer representation I will also represent you on new claims. 

Once the strategy is ready, I write a detailed legal brief with an overview of the medical evidence and submit to VA, then keep you updated on a regular basis on the progress of your claim. Sometimes this includes reaching out to VA raters and other personnel through VA’s internal systems. As an accredited agent, I have access to VA systems and can keep a close eye on your claim and address issues before decisions are finalized.