For decades, veterans who were exposed to burn pits, contaminated water, and other toxic substances during their service had to fight hard to connect those exposures to their medical conditions. The VA often denied those claims for lack of sufficient evidence linking a specific illness to a specific exposure. That changed significantly in August 2022 with the passage of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act, better known as the PACT Act.
For many San Antonio veterans, this law opened the door to benefits that were previously unavailable or required an exhausting uphill battle to obtain.
What the PACT Act Actually Did
The PACT Act made two fundamental changes to how the VA handles toxic exposure claims.
First, it expanded the list of conditions that are presumptively service-connected for veterans with documented toxic exposure. Presumptive service connection means the VA accepts that a condition is related to military service without requiring the veteran to prove the specific causal link. This removes one of the biggest obstacles veterans previously faced in these claims.
Second, it significantly broadened the categories of veterans who qualify for VA health care, including veterans who previously didn’t meet the eligibility requirements. Veterans who served in combat zones and were potentially exposed to toxic substances during specific time periods now have expanded access to VA medical care regardless of whether they’ve filed a disability claim.
Which Exposures the PACT Act Covers
The law addresses multiple categories of toxic exposure that affected large numbers of veterans across several conflicts.
Burn pit exposure is the most widely discussed. Open-air burn pits were used extensively during operations in Iraq, Afghanistan, and other Southwest Asia locations to dispose of waste, including chemicals, medical materials, and ammunition. Veterans who served near these pits were exposed to toxic smoke over extended periods. The PACT Act creates presumptive service connection for numerous respiratory and other conditions linked to that exposure.
Agent Orange exposure protections were also expanded. Veterans who served in locations with documented Agent Orange presence, including certain Korean demilitarized zone service and some Thailand bases, now have access to presumptive service connection that previously required lengthy individual proof.
Radiation exposure from specific military nuclear activities is another category addressed by the law, with expanded presumptives for veterans who participated in radiation-risk activities.
Gulf War illness presumptions were strengthened for veterans who served in the Southwest Asia theater, covering a broader range of undiagnosed illnesses and conditions associated with that service.
What Conditions Are Now Presumptively Covered
The PACT Act established presumptive service connection for a significant number of conditions. Among the most significant categories are:
- Cancers of all types for veterans with documented burn pit exposure, covering more than two dozen specific cancer types
- Constrictive bronchiolitis and constrictive pericarditis for post-9/11 veterans with burn pit or airborne hazard exposure
- Rhinitis, rhinosinusitis, laryngitis, and other upper respiratory conditions
- Gastic ulcers and other gastrointestinal conditions associated with specific toxic exposures
- Reproductive conditions including hypospadias for children of certain veterans with Agent Orange exposure
The full list of covered conditions is extensive. A San Antonio veterans disability lawyer at Glover Luck LLP can review a veteran’s service history and medical records to identify which presumptives may apply to their specific situation.
What Veterans Need to Do to File a PACT Act Claim
Veterans who believe they may qualify for PACT Act benefits need to file a claim with the VA. That process involves documenting the qualifying service, identifying the specific toxic exposure category that applies, and connecting that exposure to a current medical condition covered by the expanded presumptives.
Even though presumptive service connection removes the need to prove individual causation, veterans still need to establish that they served in a qualifying location during a qualifying period, that they have a current diagnosis of a covered condition, and that they were potentially exposed to the relevant toxic substance during service.
Documentation matters. Service records establishing deployment locations, medical records showing a current diagnosis, and any buddy statements or other evidence corroborating the exposure all contribute to a strong claim.
Veterans Who Were Previously Denied May Now Qualify
One of the most important aspects of the PACT Act is that it applies retroactively in certain respects. Veterans who previously filed claims for toxic exposure-related conditions and were denied may now qualify under the expanded presumptives. Filing a new claim or a supplemental claim based on the PACT Act’s new provisions is worth pursuing for veterans who received prior denials.
Glover Luck LLP has represented veterans nationwide in VA disability claims and appeals for years. If you’re a San Antonio veteran who was exposed to burn pits, Agent Orange, or other toxic substances during service and want to understand what the PACT Act means for your benefits, reach out to a San Antonio veterans disability lawyer to discuss your service history and find out what claims may now be available to you.
