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The Promoting Accountability for Comprehensive Toxics (PACT) Act of 2022 is legislation that seeks to address the problem of exposure to toxic chemicals faced by those serving in the military. During their service, many US military Servicemembers were exposed to dangerous substances and chemicals, resulting in chronic, and occasionally fatal, conditions requiring ongoing medical care. The Pact Act 2022, a comprehensive piece of legislation, aimed to guarantee the VA healthcare system’s coverage for these conditions.
What is the PACT Act?
The “Promoting Accountability for Comprehensive Toxics” Act, or PACT Act 2022, is a sweeping piece of legislation that ensures that the Veterans health system can provide certain disability coverage for Veterans specifically exposed to toxins from their service. Some of these toxins include burn pits, which destroyed military equipment, herbicides, and other toxic chemicals during their service. Estimates suggest that the PACT Act, the largest expansion of benefits to Veterans and survivors in decades, could potentially qualify around 6.2 million Veterans. The Act covers over 20 different illnesses, including brain cancer and lung disease, resulting from exposure to toxic chemicals. The Act mandates the VA to presumptively attribute these conditions to their service, thereby eliminating a potential obstacle that could lead to the VA rejecting a claim.
Eligibility Criteria for the PACT Act
Because this Act addresses specific illnesses and disabilities caused by a particular type of hazard during service, naturally not every Veteran will be able to claim benefits under the PACT Act 2022. If a Veteran can show that they served in certain areas and developed one of the specified service-connected ailments, then they automatically qualify for benefits. Prior to the Act, Veterans couldn’t automatically assume a service connection between their disability and their service, and the VA was known to deny toxic exposure claims. It took years of activism and diagnostic science to link many types of illnesses to exposure to chemicals during service at specific locations, such as the burn pits at Balad Base. In light of this, the Veterans PACT Act requires the following qualifications for eligibility:
- You served in the Vietnam War, the Gulf War, Iraq, Afghanistan, or any other combat zone after 9/11.
- You were deployed in support of the global war on terror.
- During your military service, whether at home or abroad, you encountered toxins or other hazards. Some of these toxins include burn pits, sand, dust, particulates, sulfur fires, oil, wells, chemicals, radiation, depleted uranium, warfare, agents, herbicides, or other hazards.
Benefits of the PACT Act
Prior to the passage of the Act, survivors of toxic chemical exposure during military service often had little recourse for their conditions. In previous military engagements, such as the Vietnam War, where Agent Orange was used, or even World War II, where chlorine gas was used, many Veterans went home with lifelong chronic conditions for which they could not receive care. However, the Act now brings with it many benefits for Veterans. Some of these PACT Act benefits include expanding and extending eligibility for VA healthcare to Veterans who may not otherwise qualify due to toxic exposure. PACT Act benefits also add a list of several presumptive illnesses as a result of exposure to burn pits, Agent Orange, and other toxins to the list of illnesses covered by VA insurance. The Act also requires the VA to provide a toxic exposure screening to everyone enrolled in VA healthcare. Those eligible for benefits due to a diagnosis of PACT Act presumptive conditions might receive disability compensation, expanded healthcare, and additional support.
Illnesses Covered Under the PACT Act
Exposure to toxic chemicals can result in many different types of illnesses, but the Act outlines several that are considered presumptive as being caused by exposure to toxins. Some of these PACT Act presumptive conditions include:
- Brain cancer
- Gastrointestinal cancer
- Head cancer of any type
- Kidney cancer
- Lymphoma
- Melanoma
- Pancreatic cancer
- Reproductive cancer
- Respiratory cancer
- Asthma diagnosed after service
- Chronic bronchitis
- Chronic COPD
- Chronic rhinitis
- Chronic sinusitis
- Constructive bronchiolitis
- Emphysema
- Interstitial lung disease
- Pleuritis
- Pulmonary fibrosis
Visit this link to learn more about the conditions that the PACT Act and VA insurance cover, as this list is not exhaustive.
The VA and the PACT Act: How to Apply
Filing a claim under the VA PACT Act is no different than filing any other claim with the VA. The process of filing a claim is the same, but the Act simply opens up more doorways to having the claim approved during the process. There are several ways to file a PACT claim, which include online, by mail, in person at a VA clinic, or through an accredited representative. The VA-accredited organization or the VA itself should receive the claim from the patient. With the different claim forms available to VA participants, the process can be somewhat confusing, so if you are unsure, sit down with a representative at a VA clinic to ensure you are filling out the correct form.
Anyone choosing to file a claim themselves must fill out several forms, including a 21–526 EZ and a regular 526 EZ when applying for a new disability rating. If the VA previously denied your claim before the PACT Act’s passage, you must use a supplemental form to appeal for benefits. Should a patient’s toxic exposure claim remain unresolved with the VA, the implementation of the PACT Act will take effect from the law’s enactment in August 2022, not from its initial submission.
Frequently Asked Questions About the PACT Act
It expands eligibility for VA care for Veterans with toxic exposures, especially those who might not previously qualify for VA benefits. It improves the decision-making process for all parties and ensures that every enrolled Veteran receives an initial toxic exposure screening and follow-up screening. The Act also requires toxic exposure-related education and training for care staff and authorizes 31 new medical facilities across the country to provide greater access to VA healthcare.
It expands eligibility for VA care for Veterans with toxic exposures, especially those who might not previously qualify for VA benefits. It improves the decision-making process for all parties and ensures that every enrolled Veteran receives an initial toxic exposure screening and follow-up screening. The Act also requires toxic exposure-related education and training for care staff and authorizes 31 new medical facilities across the country to provide greater access to VA healthcare.
Anyone who previously had their toxic exposure claim denied should submit a supplemental claim to the VA. Upon receipt, the VA will review the claim in accordance with the new law and reach out to the Veteran to establish or modify a presumption of service connection.
As of March 5, 2024, all Veterans who served in previous combat engagements should be eligible to enroll directly in VA healthcare under the Act without first applying for VA benefits.
No, they will not; the VA only reviews the claims concerning toxic exposure in this case and does not evaluate other entitlements nor reduce benefits unrelated to claims outside of the Act.
Under the PACT Act 2022, a Veteran has a one-year eligibility period to file a claim for presumptive service connection and receive retroactive payments back to the date of bill signing, August 10, 2022.
Typically, patients diagnosed with terminal conditions receive expedited claim processing to ensure timely access to the care they need.
No, you can’t receive benefits under the Act until you’ve received a related illness diagnosis.
Service-connected injuries deserve care
America’s volunteer military makes many sacrifices every day to ensure our freedoms and safety. Unfortunately, this often puts our service members in danger, whether on the battlefield or through exposure to toxins and chemicals that lead to chronic lifelong conditions. The Veterans Administration exists to guarantee that every Veteran receives the care and benefits their country of service has promised. In the past, the VA’s reputation suffered due to the denial of healthcare claims filed on behalf of patients exposed to toxic chemicals, a situation that is thankfully currently being resolved. The Veterans PACT Act’s passage enables even more veterans to receive the care they require, ensuring the memory of those exposed to toxic chemicals in the line of duty remains intact.
