Who Qualifies Under the PACT Act? Understanding Eligibility and Benefits

The process of applying for VA disability benefits can be difficult, with many veterans experiencing red tape, complicated paperwork, and medical documentation. This can lead to rejection, leaving veterans wondering why they are having such a hard time getting the benefits they are entitled to.

At Veterans Benefits Law Group, PLLC, we are proud to aggressively fight for the rights of those who have bravely served our country. Our experienced legal team has a deep understanding of the ins and outs of the VA benefits system, and, with a combined 45 years of experience helping people nationwide, we are ready to assist you in cutting through the confusion and ensuring that you receive the benefits you deserve.

What Is the PACT Act?

The Sergeant First Class, Heath Robinson, honored our promise to address toxic chemicals by signing the PACT Act into law in 2022. This groundbreaking legislation represents the largest expansion of veterans’ healthcare benefits for those exposed to toxic substances in decades. 

The law significantly expanded the list of conditions presumptively linked to military service, meaning if you have a condition on the list and served at a specific location, the VA assumes your service caused the illness. This removed the historically difficult burden of proving a direct link between your illness and military service.

How Does the PACT Act Affect Veterans?

The PACT Act significantly alters the situation for veterans who have been exposed to burn pits, Agent Orange, radiation, and other harmful substances. It extends benefits to a wider range of veterans, including:

• Vietnam-era veterans
• Gulf War-era veterans 
• Post-9/11 veterans

By adding over 20 new conditions, the PACT Act streamlined the process for veterans to receive benefits. The US Department of Veterans Affairs created a comprehensive resource page to help veterans understand these changes and their implications.

Who Is Eligible for Benefits Under the PACT Act?

Eligibility is primarily determined by two factors: your work history and your medical condition.

1. Veterans with New Presumptive Conditions from Burn Pits and Other Toxins

If you served in any era and were diagnosed with any of the newly added conditions, you may now be eligible. Key conditions for those who were exposed to burn pits and other toxins include:

• Cancers: Brain cancer, glioblastoma, any type of head cancer, gastrointestinal cancers of any kind, kidney cancer, lymphoma, melanoma, neck cancer, pancreatic cancer, reproductive cancers, and respiratory cancers.
• Respiratory illnesses: Asthma, chronic bronchitis, chronic obstructive pulmonary disease (COPD), chronic rhinitis, chronic sinusitis, emphysema, granulomatous disease, interstitial lung disease, pleuritis, pulmonary fibrosis, and sarcoidosis.

2. Vietnam Veterans Exposed to Agent Orange

The PACT Act has also added new presumptive conditions related to Agent Orange exposure, including:

• High blood pressure (Hypertension)
• Monoclonal gammopathy of undetermined significance (MGUS)

Newly Added Presumptive Locations Under the PACT Act

A crucial part of the PACT Act is the expansion of “presumptive locations.” If you were stationed in any of the following locations during any of these periods, you are now assumed to have been exposed to toxins, which will simplify your claim:

• On or after September 11, 2001, in: Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, Yemen, and the airspace above these countries.
• On or after August 2, 1990, in: Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, and the United Arab Emirates (UAE).

Filing a Survivors Claim Under the PACT Act

The PACT Act also recognizes the sacrifices made by military families. If a veteran dies from a service-related disability that is covered by the act, their surviving spouse, child, or parent may be eligible for benefits.

Depending on your circumstances, you may be eligible for the following:

• Monthly VA Dependency and Indemnity Compensation (VA DIC) payment.
• One-time accrued benefits payment.
• Survivors’ pension.

Filing a survivor’s claim requires a complex process and strict evidence requirements. It is crucial to have an experienced attorney to guide you through this challenging process in order to secure the benefits that you are entitled to.

Contact Our Office to Determine Your Eligibility

The PACT Act is a valuable resource for veterans and their families. However, the process of submitting claims to the VA can be challenging, as claims are sometimes denied due to technical issues or missing documentation rather than because the claim itself is invalid.

At Veterans Benefits Law Group, PLLC, we are dedicated to helping veterans receive the compensation they deserve. Contact us today for a free, no-obligation consultation to discuss your case.