With the VA sending out PACT Act notices to every Veteran enrolled in their system, a lot of confusion has arisen. In this article, we hope to clear up some of the misunderstanding and questions.

Key Points of the PACT Act

• 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

Do I need to register or enroll?

In most cases, no. If you are receiving this notice, you are already in the VA’s system. In the vast majority of cases, you service information on file will establish your eligibility automatically. If you did not receive a notice from the VA, are not 100% service-connected, and you meet the requirements for a presumptive service-connection under the PACT Act, then contact us to make an appointment to file a claim.

Am I eligible for new benefits?

This depends on where and when you served. Keep reading to determine your eligibility.

Agent Orange Exposure

Previously, the criteria for qualifying for Agent Orange related disabilities was limited to service between January 9, 1962, and May 7, 1975, within the Republic of Vietnam, or aboard a US military vessel operating in the inland waterways of Vietnam, or a vessel operating within 12 miles of the coast of Vietnam. The PACT Act expands the service area with the following:

• Thailand – Veterans who served on any US or Royal Thai base between Jan. 9, 1962 and June 30, 1976.
• Laos – Veterans who served in Laos between Dec. 1, 1965 and Sept. 30, 1969.
• Cambodia – Veterans who served at Mimot or Krek, Kampong Cham Province between April 16 and April 30, 1969.
• Guam or America Samoa – Veterans who served in either location between Jan. 9, 1962 and July 31, 1980.
• Johnston Atoll – Veterans who served on Johnston Atoll or on a ship calling at Johnston Atoll between Jan. 1, 1972 and Sept. 30, 1977.

Beyond new locations, the PACT Act also added two new conditions presumed to be caused by exposure to Agent Orange if you served in the above areas: hypertension and monoclonal gammopathy. These two disabilities are added to the previous presumptive list:  

• AL Amyloidosis
• Chronic B-cell Leukemias
• Chloracne
• Diabetes Mellitus Type 2
• Hodgkin’s Disease
• Ischemic Heart Disease
• Multiple Myeloma
• Non-Hodgkin’s Lymphoma
• Parkinson’s Disease
• Peripheral Neuropathy (within one year of discharge)
• Porphyria Cutanea Tarda
• Prostate Cancer
• Respiratory Cancers
• Soft Tissue Sarcomas

So what does this mean to me? If you are already service-connected for any diagnosed condition on the list above, then nothing. If you didn’t qualify before but do now, or, you already qualified and have one of the newly added conditions, then contact us to file a claim. Remember, if you are already 100% service-connected, it’s best to not “poke the bear” and leave things as they are.

Radiation exposure

Under the expansion of the PACT Act, presumption for exposure to radiation was expanded to include:

• Enewetak Atoll cleanup – From January 1, 1977 to December 31, 1980
• Palomares, Spain – From January 17, 1966 to March 31, 1967
• Thule AFB, Greenland – From January 21, 1968 to September 25, 1968

These new locations/times join those previously identified by the VA which include:

• Hiroshima and Nagasaki, Japan between Aug. 6, 1945, and July 1, 1946.
• Nevada and the Pacific Ocean between 1945 and 1962, during atmospheric or ground nuclear weapons tests.
• Amchitka Island, Alaska before Jan. 1, 1974.
• Nevada Test Site for at least 250 days from January 1, 1963, through December 31, 1992.
• Portsmouth, Ohio, Service at the gaseous diffusion plant for at least 250 days before Feb. 1, 1992.
• Paducah, Kentucky, Service at the gaseous diffusion plant for at least 250 days before Feb. 1, 1992.
• Oak Ridge, Tennessee, Service at K25 for at least 250 days before Feb. 1, 1992.

The conditions considered associated to exposure of ionizing radiation include:

• Cancers of the bile ducts, bone, brain, breast, colon, esophagus, gall bladder, liver (primary site, but not if cirrhosis or hepatitis B is indicated), lung (including bronchiolo-alveolar cancer), pancreas, pharynx, ovary, salivary gland, small intestine, stomach, thyroid, urinary tract (kidney/renal, pelvis, urinary bladder, and urethra)
• Leukemia (except chronic lymphocytic leukemia)
• Lymphomas (except Hodgkin’s disease)
• Multiple myeloma (cancer of plasma cells)

and any of the following may be caused by ionizing radiation (will require a supporting medical opinion to by service-connected):

• All cancers
• Non-malignant thyroid nodular disease
• Parathyroid adenoma
• Posterior subcapsular cataracts
• Tumors of the brain and central nervous system

So does this apply to me? If you are already service-connected for any diagnosed condition on the list above, then nothing. If you didn’t qualify before but do now, or, you already qualified and have one of the newly added conditions, then contact us to file a claim. Remember, if you are already 100% service-connected, it’s best to not “poke the bear” and leave things as they are.

Burn Pits and Airborne Toxin Exposure

Previously, many conditions could be service-connected to exposure in the middle east, however, nothing was clearly established nor presumptive. The PACT Act had the biggest impact on these Veterans and radically changed what is needed to make a service-connection. Essentially, if you served in one of the qualifying areas/times, have a diagnosis for a condition on the presumptive list, and are not currently service-connected for this condition, you should contact us to file a claim.

The presumptive locations and times of service are as follows:

On or after August 2, 1990 for Veterans who performed active military, naval, air, or space service while assigned to a duty station in, including the airspace above:

• Bahrain	• Iraq	• Kuwait
• Oman	• Qatar	• Saudi Arabia
• United Arab Emirates

On or after September 11, 2001 for Veterans who performed active military, naval, air, or space service while assigned to a duty station in, including the airspace above:

• Afghanistan	• Djibouti	• Egypt
• Jordan	• Lebanon	• Syria
• Yemen	• Uzbekistan

Conditions considered presumptive for service-connection due to exposure of either Burn Pits or Airborne Toxins are:

• Asthma diagnosed after service	• Glioblastoma
• Respiratory cancer of any kind	• Chronic bronchitis
• Brain Cancer	• Chronic obstructive pulmonary disease (COPD)
• Constrictive bronchiolitis	• Head cancer of any type
• Emphysema	• Neck cancer of any type
• Granulomatous disease	• Gastrointestinal cancer of any type
• Interstitial lung disease	• Reproductive cancer of any type
• Pleuritis	• Lymphoma cancer of any type
• Pulmonary fibrosis	• Lymphomatic cancer of any type
• Sarcoidosis	• Pancreatic cancer
• Chronic sinusitis	• Kidney cancer
• Chronic rhinitis	• Melanoma

So does this apply to me? If you are already service-connected for any diagnosed condition on the list above, then nothing. If you didn’t qualify before but do now, or, you already qualified and have one of the newly added conditions, then contact us to file a claim. Remember, if you are already 100% service-connected, it’s best to not “poke the bear” and leave things as they are.

VA Healthcare

The PACT Act expands VA health care and benefits for Veterans exposed to burn pits and other toxic substances. This law helps provide generations of Veterans—and their survivors—with the care and benefits they’ve earned and deserve. The law expands health care eligibility to several groups of Veterans who may not have been eligible before and requires VA to phase in hospital care, medical services, and nursing home care for any illness to three new categories of Veterans:

• Category 1: Veterans who participated in a toxic exposure risk activity (as defined by law) while serving on active duty, active duty for training, or inactive duty training.
• Category 2: Veterans assigned to a duty station in certain locations (including airspace above) on or after:
• August 2, 1990, in Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, or United Arab Emirates
  September 11, 2001, in Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, or Yemen.
• Category 3: Veterans who deployed in support of: Operation Enduring Freedom, Operation Freedom’s Sentinel, Operation Iraqi Freedom, Operation New Dawn, Operation Inherent Resolve, or Resolute Support Mission.
• Category 4: Veterans who served in these countries during specific time periods may enroll in VA health care effective on enactment:
  • Republic of Vietnam
    January 9, 1962 – May 7, 1975
  • Royal Thai or US Thai Bases
    January 9, 1962 – June 30, 1976
  • Guam or American Samoa (or in their territorial waters)
    January 9, 1962 – July 31, 1980
  • Laos
    December 1, 1965 – September 30, 1969
  • Cambodia (at Mimot or Krek, Kampong Cham Province)
    April 16, 1969 – April 30, 1969
  • Johnston Atoll (or on a ship that called on Johnston Atoll)
    January 1, 1972 – September 30, 1977

So does this apply to me? If you are already receiving VA Healthcare, than no. If you didn’t qualify before but do now, complete the online application here. Remember, if you are service-connected for any condition at any percentage, you are already eligible for VA Healthcare.

Wrap Up

We hope this helps explain what the PACT Act is, and how it applies to you. If you have any questions, or aren’t sure if you need to apply, please contact us here before stopping by the office. For even more information, check out the VA’s PACT Act 101 slideshow by clicking this link: PACT Act 101