PACT Act Legal Representation for Veterans and Military Families in Mississippi

PACT Act Attorney Ridgeland MS

Expanded Benefits for Veterans Exposed to Toxic Substances

The Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act, known as the PACT Act, was signed into law in 2022. Its passage significantly expanded health benefits and coverage for Veterans who suffered harm after exposure to certain toxic substances. 

At the Veterans Benefits Law Group, our lawyers can help determine if you are eligible for expanded coverage under the PACT Act. Many members of the armed services have suffered unimaginable harm after exposure to burn pits, Agent Orange, and other dangerous chemicals. We work tirelessly to get them the benefits they need to get the care and treatment they deserve. 

If you have sustained harm after being exposed to toxic substances during your military service, you might be entitled to benefits through the PACT Act. Contact our office at (601) 414-3707 to schedule a free, no-obligation consultation. 

Judge with gavel

What Is the PACT Act?

The PACT ACT is a law passed in 2022 that significantly expanded health benefits and coverage to Veterans who were exposed to certain chemicals during their service. The law also adds over 20 more conditions that are presumed to be caused by burn pits, Agent Orange, and exposure to other dangerous substances. 

The PACT Act is a significant expansion of veterans’ healthcare and benefits, which has been decades in the making. It was named after Sgt. First Class Heath Robinson, who lost his life due to lung cancer caused by exposure to toxic burn pits during combat. The law was a direct result of years of advocacy by veterans, their families, and service organizations who fought for decades to address the lack of compensation and medical support for returning service members with illnesses. For too long, many veterans have returned home with debilitating illnesses and no clear path to compensation or medical assistance. The PACT act seeks to address this by legally recognizing the link between military service and certain health conditions.

The Act is not only available to veterans who suffered the harmful effects of these chemicals but also to their survivors. The expansion of the list of presumptive conditions means that more veterans will automatically qualify for benefits without having to prove that their service caused their injury or illness.

Online VA Benefits Resources

How Does the PACT Act Affect Veterans?

The PACT Act greatly expands VA health benefits to veterans who suffered harm after being exposed to burn pits, Agent Orange, and other toxic chemicals during their service. 

Expanded benefits are available for the following veterans:

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

If you have an eligible presumptive condition, you do not need to prove that your service caused the condition because the government assumes that it was. Conditions are only considered presumptive once they have been established as such by “law or regulation.”

Importantly, the PACT Act also improves access to preventive care and medical screenings. This means that even if you have not yet developed a serious illness, but have served in a location where there has been confirmed toxic exposure, you may qualify for regular health monitoring through the VA. Early detection can be life-saving, especially for cancers and respiratory diseases that often do not have symptoms until they have significantly progressed.

Moreover, the law requires the VA to improve outreach and educational efforts to ensure that veterans across the country, including those in rural areas such as parts of Mississippi, are fully aware of their new rights and benefits.

Who Is Eligible for Benefits Under the PACT Act?

Veterans and survivors are both eligible for benefits under the PACT Act. A large number of presumptive conditions were added for Gulf War era and post-9/11 veterans who were exposed to burn pits. If you have suffered any of the presumptive conditions, you may be eligible for benefits without having to prove your condition was a result of your service. 

Presumptive conditions for burn pits:

  • Brain and kidney cancer
  • Any type of gastrointestinal cancer
  • Glioblastoma
  • Lymphoma
  • Melanoma
  • Head and neck cancer
  • Pancreatic cancer
  • Reproductive and respiratory cancers
  • Asthma (diagnosed with service) and chronic bronchitis
  • Chronic rhinitis and sinusitis
  • Chronic obstructive pulmonary disease (COPD)
  • Pleuritis and pulmonary fibrosis
  • Emphysema and sarcoidosis
  • Granulomatous disease
  • Interstitial lung disease

Two new presumptive conditions were also added for Vietnam era veterans exposed to Agent Orange. Individuals suffering from high blood pressure (hypertension) or monoclonal gammopathy of undetermined significance (MGUS) may also be eligible for expanded benefits through the PACT Act. 

In addition to these specific illnesses, the PACT Act also recognizes certain service locations as high-risk areas for toxic exposure. Veterans who served in these locations during designated time periods are automatically considered to have been exposed, even if they do not have medical records documenting the exposure at the time. This assumption eliminates a significant legal and bureaucratic hurdle that previously prevented many veterans from receiving care. For example, service members who were stationed in Djibouti, Qatar, or Kuwait during the Global War on Terror may now be eligible for benefits they were previously denied.

Newly Added Presumptive Locations Under the PACT Act

In addition to adding over 20 presumptive conditions, the PACT Act expanded the number of presumptive locations. A presumption of exposure occurs in areas where the U.S. Department of Veterans Affairs assumes that you were exposed to a dangerous substance such as Agent Orange or toxic chemicals from a burn pit. 

Since it is presumed that you were exposed to a toxic chemical if you served in one of the presumptive locations, you may be eligible for benefits. However, you still have to file a claim for the benefits. They will not automatically be applied. Claims for VA benefits are routinely denied, not because they are invalid but because they are not properly filed. To avoid untimely and expensive delays, it is strongly recommended that you speak with an attorney. 

The list of newly designated locations includes not only well-known conflict zones like Iraq and Afghanistan, but also support bases in the Middle East, Southeast Asia, and even some US territories. For example, veterans who served at Camp Lejeune or on ships near the coast of Vietnam may now be eligible for broader coverage. The PACT Act also extends benefits to Air Force personnel who worked with contaminated equipment or were stationed near open-air burning pits used to dispose of items such as medical waste, plastics, and jet fuel.

Filing a Survivors Claim Under the PACT Act

Survivors may also be entitled to additional VA health benefits through the PACT Act if their loved one died from a “service-connected disability.” Eligible survivors include a surviving spouse, dependent child, or parent of the decedent.

Filing a survivor’s claim can be challenging without the help of an attorney. It is essential that you consult with a lawyer as early in the process as possible. Depending on the situation, you may be eligible for a monthly VA Dependency and Indemnity Compensation (VA DIC) payment, a one-time accrued benefits payment, or a Survivors pension. 

What Is the PACT Act and Who Does It Help?

Contact Our Office to Determine Your Eligibility

At the Veterans Benefits Law Group, we will fight to ensure you receive the compensation you need and deserve. Our legal team will provide dedicated advocacy for military families throughout Jackson, MS. The PACT Act greatly expands VA health benefits for veterans. Let us help you take advantage of this coverage. Contact our office today at (601) 414-3707 to schedule a free, no-obligation case evaluation.

Common PACT Act faqs

What is the average payout for PACT Act claims?

The average payout for claims under the PACT Act varies based on the individual’s disability rating, the severity of their condition, and the evidence provided. Veterans with presumptive conditions typically receive compensation that reflects their specific circumstances.

How long does it take to get a decision on a PACT Act claim?

The time to process a PACT Act claim varies, but it generally takes several months. The complexity of the case, the type of evidence provided, and the backlog at the VA can all affect processing times. Veterans can check the status of their claims online through the VA portal.

Does having MS automatically qualify for disability?

Having multiple sclerosis does not automatically qualify a veteran for VA disability benefits. However, if the symptoms manifest within seven years of discharge or there is evidence linking MS to military service, veterans may be eligible for compensation.

Can the VA deny a presumptive disability?

The VA can deny a presumptive disability claim if the veteran does not meet the necessary service requirements or if there is insufficient evidence linking the condition to their service. Veterans can appeal denials and provide additional evidence to support their claim.

Who qualifies for PACT Act benefits?

Veterans who served during the Vietnam, Gulf War, or post-9/11 eras and later developed certain illnesses may qualify. Survivors of veterans who died from a service-connected condition may also be eligible for benefits like Dependency and Indemnity Compensation (DIC).

What are presumptive locations under the PACT Act?

Presumptive locations include areas in Vietnam, Thailand, Laos, Cambodia, Guam, American Samoa, and many post-9/11 locations such as Iraq, Afghanistan, and Djibouti. If you served in one of these places during specified periods, exposure to toxins is presumed.

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