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Pact Act Vet Benefits & Hopefully Last Delay
As many as one in five veterans living in America today could see new health care coverage and
disability benefits under the toxic exposure legislation advanced by the Senate 16 JUN, but some
veterans will see help sooner than others. The package — which was advanced by the Senate in a
bipartisan 84-14 vote and heads now to the House for final congressional approval — would cost
almost $280 billion over the next decade and radically transform how the Department of Veterans
Affairs analyzes and compensates victims of military chemical and radiation exposure incidents.
President Joe Biden has said he will sign the bill into law if it comes to his desk, and Veterans
Affairs officials have already begun preparing staffing and implementation plans in anticipation
of the new requirements. “America’s veterans and their loved ones will be better off as a result of
this work today,” said Senate Veterans’ Affairs Committee Chairman Jon Tester (D-MT) just
moments before the vote. “This will make the country a better place ... Today will show that we
can put party politics aside and honor America’s bravest.”
The burn pit provisions of the Promise to Address Comprehensive Toxics (PACT) Act have
received the most attention in recent months, in part because of the recency of those injuries. Tens
of thousands of veterans from the wars in Iraq and Afghanistan have developed rare respiratory
conditions and cancers in the years following their deployments, believed caused by poisonous
smoke from massive burn pits used to dispose of a host of military waste. But because scientific
monitoring was not done at many sites, conclusively linking the smoke to veterans’ ailments has
been a difficult task.
The PACT Act codifies recent changes in how the Department of Veterans Affairs approaches
those kinds of health claims, lowering standards for proof and offering presumptive status for some
rare illnesses believed caused by the burn pits. Advocates said those fundamental changes could
have wide-ranging and positive impact on veterans for years to come, developing a more patient 
friendly approach to how VA approaches any toxic exposure incidents. But they also say the direct
benefits for groups that have been excluded in the past are more urgent. Those individuals include
not only troops who recently separated but some who served more than five decades ago. Here are
highlights from those provisions:
The benefit: Provides presumptive status for disability benefits for 23 conditions related to burn
pit exposure. Who gets it: Most veterans who served in the Iraq and Afghanistan Wars era are
expected to be covered under the provision, although specifics of how to implement that still must
be written by VA officials. Individuals would receive disability benefits if they contract any type
of the following cancers: head, neck, respiratory system, gastrointestinal system, reproductive
system, lymphatic system, kidney, brain, skin or pancreas.
Individuals would also receive disability benefits if they contract any type of the following
ailments: asthma, chronic bronchitis, chronic obstructive pulmonary disease, constrictive
bronchiolitis, emphysema, granulomatous disease, interstitial lung disease, pleuritis, pulmonary
fibrosis, sarcoidosis, chronic sinusitis, chronic rhinitis or glioblastoma. Most of the illnesses other
than cancer would be eligible for benefits within the next year. The cancer benefits would be
phased in from 2024 to 2025, except for individuals facing severe medical issues.
The benefit: Provides 10 years of health care coverage from VA upon separation from the military.
Currently, all separating troops get five years of coverage. Who gets it: All veterans who left the
ranks in summer 2017 or later will have their eligibility automatically extended. Veterans who left
between summer 2014 and summer 2017 will be able to apply for additional years of health care
coverage, ending at 10 years after the date they separated.
The benefit: Provides presumptive status for disability benefits related to Agent Orange exposure
for veterans suffering from hypertension or monoclonal gammopathy of undetermined
significance (MGUS). Who gets it: All veterans currently eligible for disability benefits related to
Agent Orange exposure. For MGUS, the presumptive status goes into effect as soon as the bill is
signed into law. Veterans suffering from hypertension will be phased in. Those who age 85 and
older, or those suffering extreme health or financial problems will receive immediate benefits
status. For others, the presumptive status will start on Oct. 1, 2026.
The benefit: Provides presumptive status for disability benefits related to Agent Orange exposure
for veterans who served in areas previously not recognized for the chemical defoliant use. Who
gets it: For veterans 85 or older who qualify, the benefit goes into effect immediately. For younger
veterans, the provisions will trigger on Oct. 1, 2022. The eligible groups include:
 Individuals who served in Thailand (or any Royal Thai base) from Jan. 9, 1962, to June
30, 1976;
 Individuals who served in Laos between Dec. 1, 1965, and Sept. 30, 1969;
 Individuals who served in Cambodia’s Kompon Cham province between April 16, 1969,
and April 30, 1969;
 Individuals who served in Guam or American Samoa (or their territorial waters) between
Jan. 9, 1962, and July 31, 1980;
 Individuals who served on the Johnston Atoll between Jan. 1, 1972, and Sept. 30, 1977.
The benefit: Provides presumptive status for disability benefits for Persian Gulf War veterans.
Who gets it: All veterans who served in the first Gulf War. The provisions remove rules regarding
eligibility expiration.
The benefit: Provides presumptive status for disability benefits related to radiation exposure for
veterans who served at the Enewetak Atoll. Who gets it: Individuals who served at the site from
Jan. 1, 1977, to Dec. 31, 1980.
The benefit: Provides presumptive status for disability benefits related to radiation exposure for
veterans who served in Palomares, Spain. Who gets it: Individuals who served at the site from
Jan. 17, 1966, to March 31, 1967.
-o-o-O-o-oAnother Holdup
Procedural issues again scuttled the planned vote the week of 20 JUN to finalize legislation that
would dramatically expand benefits for veterans facing toxic exposure injuries from their time in
the service, but congressional leaders insist the issues can be resolved and legislation passed in
coming weeks. Leaders in the House and Senate had hoped to send the Promise to Address
Comprehensive Toxics Act (or PACT Act) to President Joe Biden’s desk for final signature by the
Fourth of July, after the Senate advanced the measure by a bipartisan 84-14 vote one week ago.
It represents the culmination of years of work from advocates who have argued that current
rules block many victims of on-duty toxic exposure injuries — in particular, smoke from burn pits
used to dispose of waste in Iraq and Afghanistan — from getting the care they deserve. The House
approved the measure in March. In response to Republican complaints about the cost of the new
benefits and potential workload increase the measure would put on the Department of Veterans
Affairs workforce, Senate leaders amended the bill to add phased-in implementation rules and
more staff to help process claims.
But those changes ran afoul of rules that require new revenue requirements start in the House,
not in the Senate. A planned House vote to finalize the measure on 22 JUN was postponed, and
chamber leaders scrambled to make corrections to the measure before lawmakers began their
two-week recess on 24 JUN. Senate Veterans’ Affairs Committee Chairman Jon Tester (D-MT).,
attempted to push through a fix on the Senate floor late Thursday night, but the bid was blocked
by Sen. Pat Toomey (R-PA), one of the 14 senators to oppose the measure last week.
Tester called that a disappointment. “There is a [technical] issue and we have to fix it,” he said.
“But in the process of our debates, we shouldn’t be denying health care to veterans, which is
exactly what [Toomey] is doing today.” Congressional leaders emphasized that the procedural
problems are not fatal for the future of the PACT Act, but instead represent a temporary delay.
House Veterans’ Affairs Committee Chairman Rep. Mark Takano (D-CA) said he still intends
to get a House vote on the measure “once the Senate resolves this procedural speedbump,” getting
the measure into law likely by mid-July. Comedian Jon Stewart, who has headlined numerous
rallies around Capitol Hill over the last year in favor of the PACT Act, took to Twitter on 23 JUN
to call the latest Senate delays “cynical nonsense that delays healthcare for veterans.” Both
chambers return from recess on July 11. Lawmakers will likely need several days after that to work
out the procedural fixes and hold relevant floor votes. Biden has already indicated he will sign the
measure into law when it is finalized by Congress. [Source: MilitaryTimes | Leo Shane III | June
21 & 24, 2022 ++]