Recently, significant strides have been made toward rectifying the injustices caused by Agent Orange and other herbicides used during the Vietnam War. Many Vietnam-era veterans have been subjected to the harmful effects of herbicide use. As a result, many veterans have faced numerous health issues, leaving them struggling for proper medical care and support. Finally, hope emerged in the form of the Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act. This landmark legislation will significantly impact the lives of service members by addressing the consequences of their exposure to toxic chemicals and airborne hazards.
Signed in 2022 by President Biden, the PACT Act is a new law created to expand and extend VA healthcare benefits and disability compensation for veterans from the Vietnam War, Persian Gulf War, post-9/11 conflicts, and Camp Lejeune. It incorporates vital provisions prioritizing veterans exposed to toxic substances that caused service-connected disabilities. These provisions encompass:
Our blog, “The PACT Act of 2022 Provides a Ray of Hope for Vets,” contains more detailed information on the PACT Act.
Connecting a disability to military service can be daunting, especially when it comes to injuries and illnesses resulting from exposure to toxic substances, which may take years to manifest. The PACT Act addresses the bureaucratic hurdles veterans often face when filing claims related to toxic exposures by broadening the scope of presumptive conditions and service locations. By including additional presumptive conditions and service locations to simplify the claims process, the Act offers veterans a more streamlined route to receive the medical support and disability compensation they deserve.
To obtain a VA disability rating, veterans must typically establish a direct connection between their disability and military service. However, certain conditions related to the Vietnam War and Agent Orange exposure are categorized as presumptive. The Department of Veterans Affairs acknowledges that these specific conditions or illnesses are assumed to be caused by the Vietnam War and Agent Orange. As a result, individuals who meet the service requirements are not obligated to prove a direct link between their presumptive condition and their military service to receive disability benefits.
Agent Orange contained a toxic chemical called dioxin. This chemical has been linked to various health problems, including cancers, congenital disabilities, and other severe medical conditions. Therefore, the VA considers several conditions caused by Agent Orange on its presumptive conditions list. These conditions include:
Three additional conditions must meet a disability rating of 10% within one year of exposure to Agent Orange to be considered presumptive.
The PACT Act expanded the Agent Orange presumptive conditions list to include monoclonal gammopathy of undetermined significance (MGUS) and high blood pressure (hypertension).
To be eligible for disability compensation for Agent Orange exposure, veterans must also meet specific service conditions. Before the PACT Act, these service locations included:
Service dates for these locations must be between January 9, 1962, and May 7, 1975. There is no specific duration of service time associated with these locations.The PACT Act added additional locations to the Agent Orange service requirements. Although no specific service time duration is associated with these locations, particular dates are associated with each location.
Expanding the Agent Orange presumptive conditions list and service location requirements, the PACT Act enables more Vietnam-era veterans to obtain the disability rating and disability compensation they deserve. By reducing the burden of proof required to establish a link between their illnesses and this airborne hazard exposure, veterans can avoid unnecessary bureaucratic hurdles, allowing them to focus on their health and well-being.
If you meet the presumptive condition and service location requirements for Agent Orange and your VA disability claim has been denied, contact us at Veterans Advocacy Law Group. Our VA benefit specialists will assist you with appealing your claim. If your previous Agent Orange toxic-exposure claim was denied, we urge you to file a supplemental claim. If your request to reopen is denied, we may be able to assist you with your appeal. The VA will reassess your supplemental claim under the new law.