Veterans living in the Central Savannah River Area may have a myriad of chronic health issues that they have developed due to their exposure to toxic substances while serving in the military. These conditions can qualify veterans for VA disability compensation under certain circumstances. Veterans in Augusta may have viable toxic exposure claims under the PACT Act that can provide them with disability benefits from the VA.
What Does the PACT Act Do?
The PACT Act, passed by Congress in 2022, substantially expanded the availability of VA disability benefits for veterans with various health conditions caused by certain types of toxic exposure in the military during the Vietnam War, Gulf War, and post-9/11 eras. Some of the changes to VA disability laws made by the PACT Act include:
- Adding several dozen presumptive conditions caused by exposure to radiation, Agent Orange, burn pits, and other toxic sources
- Adding new presumptive-exposure locations for radiation and Agent Orange
- Mandating toxic exposure screening for veterans receiving VA health care
- Expanding eligibility for VA health care for veterans with toxic exposure in the military or who served in the Vietnam War, Gulf War, or post-9/11 conflicts
Veterans who apply for VA disability benefits must prove that their disabling condition has a “service connection,” or that their military service caused or aggravated the condition. However, “presumptive” conditions under VA regulations eliminate the requirement for a veteran to establish a service connection. The PACT Act broadened the scope of presumptive conditions from toxic exposures, allowing eligible veterans to apply for VA disability benefits more easily.
Who Qualifies for VA Disability Benefits for Toxic Exposure?
Gulf War and post-9/11 era veterans may qualify for VA disability benefits under the PACT Act for various conditions caused by exposure to burn pits or other toxic sources, including:
- Cancers of the brain, GI tract, head, kidney, neck, pancreas, respiratory system, or reproductive organs, and cancers such as glioblastoma, lymphoma, and melanoma
- Asthma that developed post-service
- Chronic bronchitis
- COPD
- Chronic rhinitis
- Chronic sinusitis
- Constrictive or obliterative bronchiolitis
- Emphysema
- Granulomatous disease
- Interstitial lung disease
- Pleuritis
- Pulmonary fibrosis
- Sarcoidosis
Veterans have presumptive exposure to burn pits if they served in the following locations on or after August 2, 1990:
- Bahrain
- Iraq
- Kuwait
- Oman
- Qatar
- Saudi Arabia
- Somalia
- UAE
Veterans also have presumptive exposure to burn pits if they served in the following locations on or after September 11, 2001:
- Afghanistan
- Djibouti
- Egypt
- Jordan
- Lebanon
- Syria
- Uzbekistan
- Yemen
The PACT Act also expanded VA disability compensation eligibility to Vietnam War veterans who have high blood pressure or monoclonal gammopathy of undetermined significance, which have become presumptive conditions caused by Agent Orange exposure. The Act further added new presumptive locations for Agent Orange and radiation exposure.
What Should Veterans with Qualifying Exposure Do?
Veterans with conditions caused by service-related toxic exposure should take advantage of health screenings from the VA if available. Veterans can also obtain copies of their service records to document their presence in presumptive locations, which can help them file a VA disability compensation claim. Even if a veteran has had their disability benefits application denied on initial review, they can pursue the VA’s appeals process, including requesting higher-level review or filing a supplemental claim, to continue seeking compensation.
Contact Our VA Disability Benefits Law Firm Today
If you have a medical condition covered by the PACT Act, you may have become eligible to receive disability compensation from the VA. Contact Coskrey Law today for a free case evaluation with a VA disability lawyer to learn whether you may have a claim to VA disability benefits under the PACT Act.