The PACT Act creates presumptions that make it easier for veterans and their survivors to become entitled to service-connected disability and death benefits.
By Matthew J. Brown, Esq. VA-accredited attorney and partner at Wolf & Brown Law Offices
On August 10, 2022, the President signed into law the Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022.
The PACT Act creates presumptions that make it easier for veterans and their survivors to become entitled to service-connected disability and death benefits. Specifically, in relation to Veteran’s disability compensation, the PACT Act added a number of presumptive disabilities for veterans who were either exposed to burn pits, Agent Orange, and/or other toxic substances.
For background, burn pits were commonly used in Iraq, Afghanistan, and other overseas locations to dispose of waste collected on military bases. VA has identified waste products that were commonly disposed of in open burn pits, including:
- Chemicals, paint, medical and human waste
- Metal and aluminum cans
- Munitions and unexploded ordnance
- Petroleum and lubricant products
- Plastics, rubber, wood, and food waste
VA has noted “exposure to smoke created by burning these materials may cause irritation and burning of eyes or throat, coughing, breathing difficulties, skin itching or rashes.”
For Gulf War era and post 9/11 veterans who were exposed to burn pits during active-duty service, the following cancers are now considered presumptive:
- 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 (breathing-related) cancer of any type
Additionally, the following illnesses are now also considered presumptive if a veteran was exposed to burn pits:
- 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
To be eligible for presumptive service-connection for any of these disabilities, or more specifically to be found as having a presumption of exposure, a Veteran must have served in any of the following locations and time periods:
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
However, it is paramount to understand that if you have a medical condition that is not listed as presumptive under the PACT Act, that does mean your condition is unrelated to your presumed exposure. Specifically, a veteran’s presumed exposure to burn pits has been shown to contribute to a broad range of illnesses including neurological, cognition, respiratory, immune system, skin, and cancers.
If you have a medical condition that you believe is related to your burn pit exposure, reach out to our team at Wolf & Brown Law Offices to schedule a free consultation so we may evaluate your case.
Relevant pages: NJ Vet-Wire; Veterans Disability