The PACT Act has brought significant changes to Department of Veterans Affairs (VA) benefits for Veterans exposed to toxic substances, addressing health concerns related to burn pits, Agent Orange, and other hazards.
Recently, VA Transitional Executive Director for PACT Act, Steven Miska, spoke with AAFMAA Director of Partnership and Member Engagement, Sarah Roder, to provide insights on navigating these benefits, answer pressing questions from Veterans, and share practical advice on accessing VA services. Look below for Miska’s guidance and answers to FAQs that address the most common questions from the webinar.
For a comprehensive resource on eligibility, benefits, and more, you can also access the PACT Act Overview here.
An Insider’s Look at the PACT Act
During the webinar, Miska provided key guidance to Veterans about utilizing VA benefits, encouraging hesitant Veterans to apply, and taking proactive steps in the event of a denied claim or zero-percent rating:
- If Your Claim Is Denied: Veterans can appeal or seek assistance from an accredited claims representative, such as a Veterans Service organization (VSO) to strengthen their case with additional evidence or guidance.
- Understanding Zero-Percent Ratings: While a zero-percent rating may seem minimal, it establishes eligibility for VA Health Care for that condition and could make it easier to increase benefits if the condition worsens or to provide benefits to a surviving spouse.
- Encouraging Reluctant Veterans: Some Veterans may hesitate to apply for benefits, often out of a desire to "save resources for others." Miska emphasized the value of VA Health Care and urged Veterans to consider the long-term benefits for themselves and their families. Applying for and receiving benefits does not take away benefits from anyone else.
- Easy Access to Care and Benefits: Miska highlighted several ways Veterans can connect with VA services, including:
Watch the Webinar:
Frequently Asked Questions (FAQs)
Am I eligible for VA Health Care under the PACT Act?
You’re eligible to enroll now — without applying for disability benefits first — if you meet the basic service and discharge requirements and if any of the below are true for you:
- You served in the Vietnam War, the Gulf War, Iraq, Afghanistan, or any other combat zone after 9/11, or
- You deployed in support of the Global War on Terror, or
- You were exposed to toxins or other hazards during military service at home or abroad.
Specific toxins and hazards include burn pits, sand and dust, particulates, oil well or sulfur fires, chemicals, radiation, warfare agents, depleted uranium, herbicides, and other occupational hazards. Find more military exposure categories on our Public Health website.
Even if none of these descriptions are true for you, you may still be eligible for VA Health Care based on your service. Check the full healthcare eligibility requirements.
If I’m not experiencing symptoms, should I still enroll for VA Health Care?
Yes. VA provides low cost or no cost healthcare that is routinely rated a better quality than private sector alternatives. If their health changes, Veterans may be eligible for VA benefits as well. Veterans can explore eligibility and presumptive conditions here.
What if my cardiologist attributes my heart disease to a lipid-rich diet? Could this impact a presumptive Agent Orange cause?
Each case is reviewed individually, and a service connection may still be established. Learn more about ischemic heart disease and Agent Orange here.
Is the Burn Pit Registry part of the PACT Act?
Although the Burn Pit Registry is mentioned in the PACT Act, it has already been active for many years and is used to identify and research health issues. Participation in the registry is optional and has no impact on, nor will it determine eligibility for VA Health Care and benefits. VA has automatically ingested 4.7 million Veterans into the registry. Veterans need take no action unless they wish to opt out. For more details, please visit the Burn Pit Registry information page.
Can I still file a claim for neuropathy due to service in Vietnam?
Yes. If the condition appeared within 1 year of exposure to Agent Orange, you may be eligible for service connection on a presumptive basis. If the condition manifested after 1 year of Agent Orange exposure and you believe it is related to your military service, VA still encourages you to apply. VA may be able to grant your claim on a direct or secondary basis (when the neuropathy is caused by another service-connected condition). Find more information about filing claims for neuropathy and other conditions here.
My toxic exposure claim was recently denied, and I was told I needed to prove it was service-related. I have COPD — what is my next step?
If denied, you can appeal or seek support from an accredited claims representative like a Veteran Service Organization (VSO) to provide additional evidence. Call 1-800-MyVA411 for assistance or to find a VSO near you.
How can I support a Veteran family member who hesitates to seek VA services?
Encourage your family member to consider the benefits for themselves and their family. VA services are resources meant to support all Veterans, not just some. Learn more about eligibility and support here.
I am the surviving spouse of a Veteran who died from a condition on the presumptive list. He was treated at a civilian hospital. Does this affect my eligibility?
Treatment location should not impact eligibility if the condition is on the presumptive list. Consult with a VSO or call the VA to help ensure all records are correctly submitted. Learn more about VA survivor benefits here.
I retired with a 30% disability rating and recently filed for additional conditions. Is this covered under the PACT Act?
Yes, the PACT Act expands eligibility if the conditions are related to airborne hazards like burn pits or Agent Orange. You can file for new service-related conditions anytime. Visit VA.gov/PACT for details.
Does Toxic Exposure Risk Activity (TERA) fall under the PACT Act?
Generally, TERA is included in the PACT Act. Veterans with exposure concerns should consult with their provider. For help filing a claim, Veterans should consult with VA (the Veteran Benefits Administration has 56 regional offices) or a VSO.
Who determines if a disease is service-related — a generalist or a specialist?
The type of medical professional is dependent on the issue being evaluated. Examinations routinely performed by specialists include those involving hearing, vision, dental, and psychiatric disabilities. Additionally, when the claimed condition is unusually complex, a specialist may be asked to perform any required examinations and opinions.
How can a Veteran living overseas access VA services?
Overseas Veterans may access VA services online or contact VA through 1-800-MyVA411 for assistance. The VA Foreign Medical Program and the VA medical center in Manila, Philippines, can also provide support.
Does the PACT Act cover powder burn pits from cannon fire?
Most coverage under the PACT Act relates to deployed burn pits; however, Veterans with other exposures may be eligible. Veterans should reach out to the VA or a VSO for guidance.
Where can I find information about upcoming VA events?
Check the VA’s events calendar for upcoming events and opportunities to connect with VA services.
Stay Connected with AAFMAA
As always, AAFMAA is here to help you navigate these important benefits. For additional information, explore our PACT Act resources in the Learning Hub or contact an AAFMAA Member Benefits representative by emailing [email protected] or calling 703-707-1182.