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PACT Act: Millions of veterans now eligible for benefits

PACT Act
Posted at 10:50 AM, Feb 07, 2023
and last updated 2023-02-08 12:41:40-05

TULSA, Okla. — With the passage of the "PACT Act" and its implementation in January, millions of veterans are now eligible to file for VA health care and benefits.

The full name of the law is the Sergeant First Class (SFC) Heath Robinson Honoring Our Promise to Address Comprehensive Toxics Act. It is said to be one of the most extensive health care and benefits expansions in the history of the Veterans Administration.

Veterans who served in the Gulf War era and post-9/11 now have more than 20 burn pit and toxic exposure presumptive conditions.

According to the VA, conditions include:

  • Brain cancer
  • Gastrointestinal cancer of any type
  • Glioblastoma
  • Head cancer of any type
  • Kidney cancer
  • Lymphatic cancer of any type
  • Lymphoma of any type
  • Melanoma
  • Neck cancer of any type
  • Pancreatic cancer
  • Reproductive cancer of any type
  • Respiratory (breathing-related) cancer of any type
  • Asthma 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

For veterans who served in Vietnam, the VA lists high blood pressure (a.k.a hypertension) and monoclonal gammopathy of undetermined significance to the presumptive conditions. A presumptive condition means if you served in a particular location during a specific time, and you have one of the conditions, the VA assumes you were exposed to the substance which caused your illness.

"There are millions of veterans impacted by this historic legislation," Ronald Burke with the Veterans Benefits Administration said.

Burke said if Veterans think they may fall into one of the categories listed under the PACT Act, they should file a claim.

"If you believe you're entitled, if you're in doubt in any way, please file a claim, contact us at one of many of our avenues," Burke said.

Royce Caskey is a VA-accredited Veterans service officer and is one of the avenues Burke suggests. Caskey works with Veterans and their dependents from all over the world.

He knows first-hand the reluctance some have when going to the VA.

"They should not have that feeling," Caskey said. "If they served in the military in one of the branches, then they should feel good about getting their health care and getting taken care of that way."

Caskey said when preparing to file your claim, bring your DD214, military medical records, and names and addresses of private medical providers. If you have previously filed a claim under one of these conditions and got a denial, Caskey said to file again.

"He can now come back and file an appeal under the PACT Act," Caskey said. "And now it's presumptive he can come back. He shows that he was there, makes the proof, it reopens (and) is reconsidered. And they should do that. Same would be on anyone with exposure to Agent Orange. They can use parts of the PACT Act to do that, too."

For survivors or surviving dependents of a Veteran, there could also be an opportunity to file.

"Let's assume that a veteran had a health issue and died," Caskey said. "And then they can now come back and fall under the PACT Act that the cause of death, and that's the major key, the cause of death is linked to service as one of the presumptive or one of the issues named. If they have a service connection, then it makes a larger impact on being able to get survivors compensation, funeral expenses, burial expenses."

Surviving family members of a veteran may be eligible for a monthly VA Dependency and Indemnity Compensation Payment, a One-time Accrued Benefits Payment, or a Survivors Pension.

"Survivors and veterans alike should contact VA," Burke said.

For full details on eligibility and how to apply, visit va.gov/pact. You may reach Royce Caskey for help at the Military History Center in Broken Arrow.

"There are some good service organizations, including but not limited to the DAV, American Legion, VFW, or find a VA accredited claims agent," Caskey said. "We will file those claims, send them into the VA have them adjudicated."

Caskey has some advice when looking for someone to help you.

"The key and the importance is if they charge or a sale, there will be a charge for the service upfront. They are not accredited by nor certified by the VA and to avoid those people," Caskey said.

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