Years of lobbying by veterans’ groups, military families, and survivors of burn pit exposure have finally paid off. The Sergeant First Class Heath Robinson Promise to Address Comprehensive Toxics Act, better known as the PACT Act was signed into law on August 10, 2022.
What is the PACT Act and how does it affect you?
The PACT Act is one of the largest health care and benefits expansions in VA history.
If you’re one of the millions of U.S. service members who were exposed to toxic agents while on military duty, then this can be life-changing. It will give aid to troops suffering the health consequences from exposure to toxic burn pit fumes, as well as Vietnam vets exposed to Agent Orange and other chemical defoliants.
Keep reading to find out more about the PACT Act, presumptive conditions, and how you can apply for benefits.
What Are Burn Pits?
During the wars in Iraq and Afghanistan, the military would often dispose of waste such as chemicals, plastics, medical waste, and unused ordinance by burning it in open air pits. The fumes from these “burn pits” were toxic.
Many of our service members exposed to these toxic fumes are now facing long-term health problems, some of them life-threatening.
Previous to the passage of the PACT Act, the VA declared 12 illnesses as “presumptive conditions.” With the new legislation in place, 20 more illnesses have been declared presumptive, meaning that the VA automatically assumes your service caused the condition.
What is a presumptive condition?
In order to get a VA disability rating, your condition must be connected to your military service.
In most cases, you must prove that your service caused your illness. In some instances, however, the VA automatically assumes that your condition was caused by your service without you having to provide specific proof. This is called a presumptive condition.
Presumptive Conditions Caused By Burn Pit Exposure
Previous to the passage of the PACT Act, there were 12 presumptive conditions caused by burn pit exposure.
- Rhinitis
- Sinusitis
- Asthma
- Squamous cell carcinoma of the larynx
- Squamous cell carcinoma of the trachea
- Adenocarcinoma of the trachea
- Salivary gland-type tumors of the trachea
- Adenosquamous carcinoma of the lung
- Large cell carcinoma of the lung
- Salivary gland-type tumors of the lung
- Sarcomatoid carcinoma of the lung
- Typical and atypical carcinoid of the lung
The following presumption conditions have now been added:
- 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
- Pancreatic cancer
- Reproductive cancer of any type
- Respiratory (breathing-related) cancer of any type
- Chronic bronchitis
- Chronic obstructive pulmonary disease (COPD)
- Constrictive bronchiolitis or obliterative bronchiolitis
- Emphysema
- Granulomatous disease
- Interstitial lung disease (ILD)
- Pleuritis
- Pulmonary fibrosis
- Sarcoidosis
How Do I Know If I was Exposed to a Burn Pit?
The VA acknowledges that if you served in any of the following locations you were exposed to a burn pit.
On or after September 11, 2001, in any of these locations:
- Afghanistan
- Djibouti
- Egypt
- Jordan
- Lebanon
- Syria
- Uzbekistan
- Yemen
- The airspace above any of these locations
On or after August 2, 1990, in any of these locations:
- Bahrain
- Iraq
- Kuwait
- Oman
- Qatar
- Saudi Arabia
- Somalia
- The United Arab Emirates (UAE)
- The airspace above any of these locations
Vietnam Veterans and Agent Orange
In addition to expanded benefits for service members exposed to burn pit fumes, the PACT Act also adds additional presumptive conditions and locations for U.S. service members exposed to Agent Orange and radiation.
Agent Orange was one of a class of color-coded herbicides that U.S. forces sprayed over the rural landscape in Vietnam from 1961 to 1971 to defoliate trees and shrubs and kill food crops that were providing cover and food to opposition forces. Exposure to Agent Orange has been associated with Diabetes, Parkinson’s disease, and several forms of cancer.
The PACT Act added 2 new presumptive conditions for veterans exposed to Agent Orange:
- High blood pressure (also called hypertension)
- Monoclonal gammopathy of undetermined significance (MGUS)
In addition to adding presumptive conditions under the new PACT Act, the VA automatically assumes that you were exposed to Agent Orange if you served on active duty in the following locations:
- Any U.S. or Royal Thai military base in Thailand from January 9, 1962, through June 30, 1976
- Laos from December 1, 1965, through September 30, 1969
- Cambodia at Mimot or Krek, Kampong Cham Province from April 16, 1969, through April 30, 1969
- Guam or American Samoa or in the territorial waters off of Guam or American Samoa from January 9, 1962, through July 30, 1980
- Johnston Atoll or on a ship that called at Johnston Atoll from January 1, 1972, through September 30, 1977
And If you took part in any of these efforts, the VA will automatically assume that you were exposed to radiation:
- Cleanup of Enewetak Atoll, from January 1, 1977, through December 31, 1980
- Cleanup of the Air Force B-52 bomber carrying nuclear weapons off the coast of Palomares, Spain, from January 17, 1966, through March 31, 1967
- Response to the fire onboard an Air Force B-52 bomber carrying nuclear weapons near Thule Air Force Base in Greenland from January 21, 1968, to September 25, 1968
Apply For VA Benefits Now
Under the PACT Act the VA is extending and expanding VA health care eligibility for any condition related to your service for up to 10 years from the date of your most recent discharge or separation and are encouraging veterans to apply now, no matter what your separation date. You can apply for benefits HERE.
Join the Burn Pit Registry
The Airborne Hazards and Open Burn Pit Registry (AHOBPR) was established in 2014 to help put data to work for veterans through research about potential health effects of airborne hazard exposures.
Currently, over 241,000 veterans have signed up for the registry, designed to track illnesses related to burn pit exposure and ease access to veterans’ benefits.
Your participation in the registry is not the same as filing a disability claim with the VA, but it can be a useful tool in starting your claim process. The online questionnaire can be used to identify health concerns, guide discussions with a health care provider, and document deployment-related exposures.
You can find out more about the registry by clicking the button below
Tucker Disability Law Can Help
For over 30 years it’s been my honor to help veterans like you get the benefits you deserve. If you were a U.S. service member exposed to burn pits, Agent Orange, radiation, or other toxins, and have been denied your benefits, or if your service-connected rating is less than 100%, we can file your appeal or help you increase your benefits.
Use the blue contact section NOW to call us, live chat with us, or message us using our confidential contact form.
