Veterans have encountered various toxic substances throughout their military service, including Agent Orange, burn pits, depleted uranium, and other poisonous agents. Unfortunately, the implications of these exposures have frequently been disregarded or downplayed, resulting in grave health complications for veterans. As a result, respiratory problems, neurological disorders, cancers, and various other ailments have plagued combat veterans.
Enacted in 2022, the PACT Act, The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act, represents a pivotal step towards enhancing benefits and healthcare for veterans and eligible civilians related to toxic exposure. This legislation targets the profound impact of hazardous substances. The PACT Act protects public health, ensures transparency, and establishes accountability for previous environmental damages.
Understanding the PACT Act and its Impact on post-9/11 and Gulf War Veterans
The PACT Act is a groundbreaking new law that aims to provide expedited VA benefits and services to more than five million veterans in a timelier manner. It incorporates several essential provisions that prioritize toxic-exposed veterans with service-connected disabilities. Some of these provisions include:
- Expanding the Presumptive Conditions Lists: The PACT Act includes more than 20 new presumptive conditions that were found to have an association with exposures to burn pits and other toxins in Southwest Asia. The VA presumes these conditions were caused by military service and do not need to be proven service related as long as service requirements are met.
- Extending Healthcare Eligibility: Eligibility requirements for VA healthcare are extended to include more veterans from post-9/11 conflicts, the Gulf War, Vietnam, Camp Lejeune, and others exposed to toxic substances. Additionally, the VA will add 31 VA healthcare facilities across the U.S. to enhance accessibility to healthcare treatments.
- Enhanced Research and Coordination: The Act places significant importance on conducting comprehensive research on toxic exposure and its impact on veterans. These research studies will delve into various aspects, including evaluating the mortality rates of Gulf War veterans deployed in Southwest Asia, analyzing the health trends among post-9/11 veterans, and assessing cancer rates on a broader scale.
More detailed information on the PACT Act is in our blog, “The PACT Act of 2022 Provides a Ray of Hope for Vets.”
The PACT Act Impact on Post 9/11 and Gulf War Veterans
Establishing a direct correlation between a disability and military service can be challenging, particularly for injuries and illnesses arising from exposure to toxic substances that may take years to manifest. The PACT Act tackles the administrative obstacles veterans frequently encounter when submitting claims associated with toxic exposures by expanding presumptive conditions. By implementing presumptive conditions to help streamline the claims process, the Act provides a smoother path for veterans to obtain the support they deserve, regardless of when the conditions are diagnosed.
Gulf War Undiagnosed Presumptive Conditions List and Service Locations
The VA considers several diagnosed and undiagnosed illnesses on its presumptive conditions list. To be eligible for disability compensation, one of the presumptive conditions must be diagnosed by a healthcare provider while either on active duty or after separation (before December 31, 2026), the illness lasted for six months or more, and it resulted in a disability rating of 10 percent or more. Gulf War presumptive conditions include chronic fatigue syndrome, fibromyalgia, functional gastrointestinal disorders, medically unexplained chronic multisymptom illness, and other undiagnosed illnesses with symptoms including cardiovascular disease, sleep disturbances, muscle and joint pain, and headaches.
The VA will presume the above diagnosed and undiagnosed illness is service-related if a veteran served in the following locations on or after August 2, 1990.
Airspace not included
- Afghanistan
- Egypt
- Israel
- Jordan
- Syria
- Turkey
Airspace included
- Bahrain
- Iraq
- Kuwait
- Neutral zone between Iraq and Saudi Arabia
- Oman
- Qatar
- Saudi Arabia
- The United Arab Emirates (UAE)
- The waters of the Arabian Sea, Gulf of Aden, Gulf of Oman, Persian Gulf, and Red Sea
Gulf War Infectious Disease Presumptive Conditions List and Service Locations
In addition to the above, the VA considers several infectious diseases on its presumptive conditions list. To be eligible for disability compensation, one of the presumptive conditions must be diagnosed by a healthcare provider within one year of separation.
- Brucellosis
- Campylobacter jejuni
- Coxiella burnetii (Q fever)
- Malaria (or sooner in some cases)
- Nontyphoid salmonella
- Shigella
- West Nile virus
Mycobacterium tuberculosis and visceral leishmaniasis are considered presumptive conditions if diagnosed anytime after separation.
Specific service conditions must also be met for eligibility. The VA will presume one of the above infectious diseases is service-related if a veteran served in the following locations on or after August 2, 1990.
- Bahrain
- Iraq
- Kuwait
- Neutral zone between Iraq and Saudi Arabia
- Oman
- Qatar
- Saudi Arabia
- The United Arab Emirates (UAE)
- The waters of the Arabian Sea, Gulf of Aden, Gulf of Oman, Persian Gulf, and Red Sea
Afghanistan is also included on the service location list, but only if service was after September 19, 2001. The airspace above Afghanistan is not included as a service location.
Additional PACT Act Presumptive Conditions
There are additional presumptive conditions on the PACT Act list that Gulf War veterans can immediately file claims on with the VA:
- 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 cancer of any type
- 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
Recognizing Gulf War presumptive conditions is significant as it streamlines the VA disability claims process for affected veterans, allowing them to access necessary medical care and VA benefits more efficiently. It also acknowledges the unique challenges Gulf War veterans face and provides support in navigating the complex VA benefits system.
If you have been denied for any of the above presumptive conditions or believe you may have other disabilities related to your service in the Gulf War or post-9/11 conflicts, contact us at Veterans Advocacy Law Group. Our VA disability benefits team can help you obtain the disability compensation you deserve. For veterans previously denied a toxic-exposure-related claim, we can assist you in filing a supplemental claim. Once the VA receives the supplemental claim, they will reassess it under the new law.