Reopening Old Toxic Exposure Claims After the PACT Act: What Changes Legally

For decades, veterans who were exposed to toxic substances while serving in the military have faced an uphill battle when trying to receive benefits from the Department of Veterans Affairs (VA). Their claims were often denied due to a lack of scientific consensus or insufficient evidence linking their illnesses to their service-related exposures. However, the passage of the SFC Heath Robinson Honoring Our Promise to Address Comprehensive Toxics Act (PACT Act) in 2022 marked a significant change in veterans’ law. This act aimed to provide more comprehensive support and recognition for veterans who had suffered from illness due to exposure to toxic substances during their service.

Understanding the Legal Shift Under the PACT Act

The PACT Act significantly expands the list of potential conditions associated with exposure to toxic substances, such as burn pits and Agent Orange. Under previous legislation, veterans were required to prove a direct link between their illness and their military service, a burden that was often impossible to overcome without contemporaneous medical records or definitive scientific evidence. The PACT Act addresses this issue by legally assuming that certain conditions are connected to military service if the veteran was stationed in a specified location during a particular time period.

This presumption is codified in 38 U.S.C. § 1116, which now includes more than 20 additional conditions linked to exposure to burn pits and adds hypertension and monoclonal gammopathy of undetermined significance (MGUS) to the list of diseases that may be related to exposure to Agent Orange.

Can You Reopen a Previously Denied Claim?

Yes, one of the most significant legal changes introduced by the PACT Act is the ability to re-evaluate old claims that were previously denied. The VA has provided guidance to regional offices to reconsider claims involving newly identified conditions, even if the original decision was made years ago.

Importantly, the effective date of benefits may extend back to the original claim date if the condition is now covered under the PACT Act’s presumptive list. This retroactive application can result in significant back pay for veterans who have waited years for recognition of their service-connected illnesses.

Who Qualifies for Reopened Claims?

Veterans who served in the Vietnam era and were exposed to Agent Orange, as well as those diagnosed with hypertension or MGUS, may now be eligible for benefits. Additionally, veterans who served during the Gulf War or after 9/11, in areas where confirmed exposure to burn pits occurred, such as Iraq, Afghanistan, Djibouti, Qatar and Kuwait, who later developed a presumptively cancerous condition or respiratory issue, may also qualify.

Why Legal Assistance Matters

While the PACT Act has opened the door to reopening claims, navigating the VA system is still complex. The VA may still require documentation of service dates, locations, and medical diagnoses. Additionally, some claims involve nuanced interpretations of whether a condition falls under new presumptive categories.

At Veterans Benefits Law Group in Ridgeland, MS, our team of attorneys specialize in helping veterans with toxic exposure claims under the Post-9/11 Veterans’ Act (PACT). We assist veterans in gathering the necessary evidence and filing supplemental claims to ensure they receive the compensation they deserve. We also assist survivors of deceased veterans with Dependency and Indemnity Compensation (DIC) claims, which are now covered under expanded laws.

Take Action Now

If you or a loved one have previously been denied VA benefits due to exposure to toxins during military service, the PACT Act may offer a second chance. It is not necessary to accept the previous denial as final.

Contact our office at (601) 414-3707 for a free consultation. We are committed to helping Mississippi veterans and all those who have served to receive the healthcare, compensation and respect they deserve for their sacrifice.