File Your PACT Act Claim & Get your VA Benefits!
- SocialMedia
- Aug 27, 2023
- 2 min read
If you file your PACT Act claim—or quickly submit your intent to file—by August 9, 2023, you may receive benefits backdated to August 10, 2022. There is no deadline to apply for PACT Act benefits.
The PACT Act and your VA benefits
The PACT Act (Honoring our PACT Act of 2021) is a new law that expands VA health care and benefits for Veterans exposed to burn pits, Agent Orange, and other toxic substances. The PACT Act adds to the list of health conditions that we presume are as a result of exposure to these substances. This law helps us provide generations of Veterans—and their survivors—with the care and benefits they’ve earned and deserve.
What’s the PACT Act and how will it affect my VA benefits and care?
The PACT Act is the largest health care and benefit expansion in VA history. The full name of the law is The Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act.
The PACT Act will bring these changes:
Expands and extends eligibility for VA health care for Veterans with toxic exposures and Veterans of the Vietnam, Gulf War, and post-9/11 eras
Adds 20+ more presumptive conditions for burn pits, Agent Orange, and other toxic exposures
Adds more presumptive-exposure locations for Agent Orange and radiation
Requires VA to provide a toxic exposure screening to every Veteran enrolled in VA health care
Helps us improve research, staff education, and treatment related to toxic exposures
What does it mean to have a presumptive condition for toxic exposure?
To get a VA disability rating, your disability must connect to your military service. For many health conditions, you need to prove that your service caused your condition. For some conditions, we automatically assume (or “presume”) that your service caused your condition. We call these “presumptive conditions.” We consider a condition presumptive when it's established by law or regulation. If you have a presumptive condition, you don’t need to prove that your service caused the condition. You only need to meet the service requirements for the presumption. We will discuss chemical hazards and any other hazardous materials you may have come in contact with during military service and determine if you can get VA disability compensation for illnesses or conditions related to these exposures: these are presumptive conditions.
Gulf War era and post-9/11 Veteran eligibility
The following are classed as presumptive:
Presumptive Cancers
Brain cancer
Gastrointestinal cancer of any type
Glioblastoma
Head cancer of any type
Kidney cancer
Lymphoma of any type
Melanoma
Neck cancer of any type
Pancreatic cancer
Reproductive cancer of any type
Respiratory (breathing-related) cancer of any type
Presumptive Diseases
Asthma that was 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
Do you have presumptive exposure to burn pits?
If you served in any of these locations and time periods, we’ve determined that you had exposure to burn pits or other toxins. On or after September 11, 2001, in any of these locations:
Afghanistan
Djibouti
Egypt
Jordan
Lebanon
Syria
Uzbekistan
Yemen
The airspace above any of these locations
On or after August 2, 1990, in any of these locations:
Bahrain
Iraq
Kuwait
Oman
Qatar
Saudi Arabia
Somalia
The United Arab Emirates (UAE)
The airspace above any of these locations
Other exposure-related presumptive conditions
The PACT Act also adds new presumptive conditions. There are also many other health conditions that we presume are caused by exposure to toxic (or hazardous) materials. If you have any of these other conditions, you may be eligible for health care or benefits.
You may be eligible for free VA health care as a post 9/11 combat Veteran
The VA health care eligibility based on the PACT Act is expanding. We encourage you to apply, no matter your separation date. Your eligibility depends on your service history and other factors. If you meet the requirements listed here, you can get free VA health care for any condition related to your service for up to 10 years from the date of your most recent discharge or separation. You can also enroll at any time during this period and get any care you need, but you may owe a copay for some care. At least one of these must be true of your active-duty service:
You served in a theater of combat operations during a period of war after the Persian Gulf War, or
You served in combat against a hostile force during a period of hostilities after November 11, 1998
And this must be true for you:
You were discharged or released on or after October 1, 2013
We encourage you to enroll now so we can provide any care you may need now or in the future. Enrollment is free.
Vietnam era Veteran eligibility
Are there any new Agent Orange presumptive conditions that the VA will add?
Based on the PACT Act, 2 new Agent Orange presumptive conditions: were added:
High blood pressure (also called hypertension)
Monoclonal gammopathy of undetermined significance (MGUS)
You may be eligible for disability compensation based on other Agent Orange presumptive conditions. These conditions include certain cancers, type 2 diabetes, and other illnesses. If you think you’re eligible for VA health care and benefits, we encourage you to contact us now.
New Agent Orange presumptive locations added by the VA
Five (5) new locations added to the list of presumptive locations:
Any U.S. or Royal Thai military base in Thailand from January 9, 1962, through June 30, 1976
Laos from December 1, 1965, through September 30, 1969
Cambodia at Mimot or Krek, Kampong Cham Province from April 16, 1969, through April 30, 1969
Guam or American Samoa or in the territorial waters off of Guam or American Samoa from January 9, 1962, through July 31, 1980
Johnston Atoll or on a ship that called at Johnston Atoll from January 1, 1972, through September 30, 1977
If you served on active duty in any of these locations, it will be automatically assumed (or “presumed”) that you had exposure to Agent Orange.
Note: This isn’t the full list of presumptive locations for Agent Orange exposure. Review eligibility requirements for more presumptive locations.
New Radiation presumptive locations added by the VA
Three (3) new response efforts to the list of presumptive locations:
Cleanup of Enewetak Atoll, from January 1, 1977, through December 31, 1980
Cleanup of the Air Force B-52 bomber carrying nuclear weapons off the coast of Palomares, Spain, from January 17, 1966, through March 31, 1967
Response to the fire onboard an Air Force B-52 bomber carrying nuclear weapons near Thule Air Force Base in Greenland from January 21, 1968, to September 25, 1968
If you took part in any of these efforts, it will be automatically assumed (or “presumed”) that you had exposure to radiation. There are also other locations where it will be presumed that you had exposure to radiation. If you served in any of these locations, you may be eligible for health care or benefits.
You may be eligible for VA health Care as a Vietnam Veteran
If you served on active duty in any of these locations during these time periods, you’re now eligible to apply for VA health care:
The Republic of Vietnam between January 9, 1962, and May 7, 1975
Thailand at any U.S. or Royal Thai base between January 9, 1962, and June 30, 1976
Laos between December 1, 1965, and September 30, 1969
Certain provinces in Cambodia between April 16, 1969, and April 30, 1969
Guam or American Samoa (or their territorial waters) between January 9, 1962, and July 31, 1980
Johnston Atoll (or on a ship that called at Johnston Atoll) between January 1, 1972, and September 30, 1977
The PACT Act also adds new presumptive conditions
The PACT Act adds new presumptive conditions. There are also many other health conditions that are presumed to be caused by exposure to toxic (or hazardous) materials. If you have any of these other conditions, you may be eligible for health care or benefits. For example:
Agent Orange: If you served in the Republic of Vietnam or in or near the Korean Demilitarized Zone (DMZ) during the Vietnam Era—or in certain related jobs—you may have had contact with Agent Orange, an herbicide used to clear plants and trees during the war.
Asbestos: If you worked in certain military jobs, you may have had contact with asbestos (toxic fibers once used in many buildings and products).
Birth Defects: If you served in the Republic of Vietnam, in Thailand, or in or near the Korean DMZ during the Vietnam Era—and your child has spina bifida or certain other birth defects—your child may be eligible for disability benefits.
Burn pits and other specific environmental hazards: If you served in Iraq, Afghanistan, or certain other areas, you may have had contact with toxic chemicals in the air, water, or soil.
Contact with mustard gas or lewisite: If you served at the German bombing of Bari, Italy, in World War II or worked in certain other jobs, you may have had contact with mustard gas.
Contaminated drinking water at Camp Lejeune: If you served at Camp Lejeune or MCAS New River between August 1953 and December 1987, you may be at risk of certain illnesses believed to be caused by contaminants found in the drinking water during that time.
Gulf War Illnesses in Southwest Asia: If you served in the Southwest Asia theater of operations, you may be at risk of certain illnesses or other conditions linked to this region.
Gulf War Illnesses in Afghanistan: If you served in Afghanistan, you may be at risk of certain illnesses or other conditions linked to this region.
Project 112 or Project SHAD: If you were part of warfare testing for Project 112 or Project Shipboard Hazard and Defense (SHAD) from 1962 to 1974, you may be at risk of illnesses believed to be caused by chemical testing.
Radiation exposure: If you served in the post-WWII occupation of Hiroshima or Nagasaki, were imprisoned in Japan, worked with or near nuclear weapons testing, or served at a gaseous diffusion plant or in certain other jobs, you may be at risk of illnesses believed to be caused by radiation.
Are you a survivor? Here is some more information
You may be eligible for compensation payments under the PACT Act
if you’re a surviving family member of a Veteran, you may be eligible for these benefits:
A monthly VA Dependency and Indemnity Compensation (VA DIC) payment. You may qualify if you’re the surviving spouse, dependent child, or parent of a Veteran who died from a service-connected disability.
A one-time accrued benefits payment. You may qualify if you’re the surviving spouse, dependent child, or dependent parent of a Veteran who we owed unpaid benefits at the time of their death.
A Survivors Pension. You may qualify if you’re the surviving spouse or child of a Veteran with wartime service.
What if the DA denied my DIC claim?
You can submit a new application for VA dependency and indemnity compensation (VA DIC).
Note: If we denied your claim in the past and we think you may be eligible now. We may be able to reevaluate your claim.
Other VA benefits for eligible survivors
You may be eligible for these VA benefits as the surviving family member of a Veteran:
Burial benefits and memorial items such as a gravesite in a VA national cemetery or a free headstone, marker, or medallion.
A burial allowance to help with the Veteran’s burial and funeral costs. You may qualify if you’re the Veteran’s surviving spouse, partner, child, or parent.
Education and training. You may qualify if you’re the survivor of a Veteran who died in the line of duty or as a result of service-connected disabilities.
Health care through the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA). You may qualify if you’re the survivor or dependent of a Veteran with a service-connected disability.
A VA-backed home loan. You may qualify if you’re the surviving spouse of a Veteran.
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