Two years into the PACT Act
In August 2022, the Sergeant First Class Heath Robinson Honoring our PACT Act was signed into law thanks to the groundbreaking advocacy efforts of DAV. Among its many impactful provisions, the PACT Act reduced bureaucratic obstacles for an estimated 3.5 million veterans who seek Department of Veterans Affairs benefits due to burn pit exposures during the wars in Iraq, Afghanistan and other hostile locations.
The comprehensive law added more than 20 presumptive conditions for exposure to burn pits, Agent Orange and other toxic substances. Veterans who served in Vietnam, the Gulf War and conflicts after 9/11 stand to benefit, as do veterans exposed to radiation.
“These veterans have stepped up to serve our country in the times when we needed them most — and now it’s our job to step up for them,” said VA Secretary Denis McDonough. “It’s the right thing to do to get these heroes the world-class health care and benefits they’ve earned as soon as possible, and that’s exactly what we’re going to do.”
DAV has been a driving force on the issue. It led the charge in advocating for veterans exposed to burn pits by bringing the subject to the public’s attention in 2008 and establishing a pilot program that was the forerunner to the Burn Pit Registry, which the VA adopted in 2014.
While serving in Iraq, DAV Chief Communications and Outreach Officer Dan Clare obtained a Department of Defense memo detailing the dangers of toxic burn pits on those serving at his base. Though the consequences for leaking a sensitive internal government document could be severe, Dan couldn’t stay silent, knowing the continued health ramifications it would have on his fellow service members.
“Sometimes life puts you in a position where the exact wrong thing to do is also the exact right thing to do,” said Clare. “But sadly the will wasn't there to change anything even after Colonel Curtis' memo. We needed to start with the process of identifying those who'd been exposed and get research churning to validate a service connection for those who are sick and to get anything of consequence done, we'd need to be strategic in how we approach the military and veterans community and the public.”
In March 2022, The House passed the bill, sending it to the Senate for the required 60 votes. DAV’s Deputy National Legislative Director, Shane Liermann, testified before the Senate later that month during a hearing on the bill to stress the importance of Congress passing the Pact Act and getting it to the President for his signature.
“We are at the precipice of a monumental event, solving the puzzle of comprehensive toxic exposure legislation for past, current and future generations of veterans exposed to environmental hazards,” Liermann stated. “Collectively, we must act now as too many veterans are suffering from life-threatening illnesses, struggling with access to VA health care and benefits, and unsuccessfully navigating complex and uncaring exposure and presumptive processes."
Since the PACT Act became law, more than 1.3 million veterans and their survivors have filed claims for ailments stemming from toxic exposures. Additionally, more than 5 million veterans have undergone VA toxic exposure screenings and nearly a quarter-million veterans have newly enrolled for VA health care.
On March 5, 2024, the Department of Veterans Affairs launched the largest expansion of VA health care under the PACT Act since the law was signed in 2022. All veterans who were exposed to toxins and other hazards while serving in the military—in the U.S. or abroad—are now eligible to enroll directly in VA health care. This means that all veterans who served in the Vietnam War, the Gulf War, Iraq, Afghanistan or any other combat zone after 9/11, are now eligible to enroll directly in VA health care without having to apply for VA disability benefits first.
Additionally, veterans exposed to toxins or hazards while training or on active duty stateside are also eligible to enroll, whether or not they deployed. This decision will make the process of enrolling in VA health care quicker and easier for millions of veterans.
"While caring for our nation's veterans is the VA's mission, it is our responsibility to ensure that veterans, their families and survivors know about the additional benefits available from the PACT Act and how they can file a VA claim for free with expert representation," said DAV national commander Daniel Contreras. "As benefits advocates, we get a firsthand experience in protecting the benefits veterans earned through their service, but it is also our duty to make them easier to access."
DAV is ensuring the faithful implementation of the PACT Act and actively addressing existing gaps in toxic-exposure benefits. DAV, in partnership with the Military Officers Association of America, has released Ending the Wait for Toxic-Exposed Veterans, a groundbreaking report that reveals an enduring legacy of failure by the VA and Congress to adequately care for veterans made ill by toxic exposures in service. Backed by original research and historic analysis, the report offers a blueprint for reforming how our government handles service-related toxic exposures in a way that ensures timely, equitable access to life-saving care and benefits for all generations of veterans.
DAV provides professional representation when veterans, families or survivors apply for their benefits. In 2023, DAV hosted 414 information seminars nationwide, assisting more than 17,000 veterans, families and survivors with their benefits. Overall, DAV benefits advocates took nearly 2.9 million actions to advocate for veterans and their families, resulting in more than $28.4 billion in earned benefits.
DAV’s highly trained benefits advocates are experts on veterans’ benefits and continue to provide best-in-class counseling and claims filing assistance for veterans and families seeking help with their PACT Act claims.
Please contact the nearest DAV service office by visiting benefitsquestions.org.
