Signed by President Biden on 10 August 2022, the PACT Act is a comprehensive set of rules and directives to the VA on toxic exposure. The full name of the law is The Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. Before this, the rules varied and depended on the substance, the type of exposure, and where it happened. To say it was a mess is an understatement.

The idea for consolidating this type of medical care and determining disability came out of veterans coming down with breathing disorders and cancers that did not link to any known cause. SFC Robinson, an Army Medic, was one of many service members exposed to burn pits during his military service. He developed Stage 4 cancer, among other ailments, before his death.

After many Congressional inquiries, it was determined that the burn pits used in Afghanistan and Iraq were the cause of SFC Robinson’s and others’ ailments and eventual death. What should have been a pile of cardboard and similar, easily burned items eventually became pits where personnel were throwing in used batteries, medical waste, and worse.

Now, burn pit exposure is considered alongside exposure to Agent Orange, personnel soaked in jet fuel on the flight line or in testing facilities, and maintenance and munitions personnel who handled dangerous chemicals without the proper personal protective equipment (PPE).

In the first year of application, anyone who applied (and received approval) was also considered for an additional payment of up to 1 year before the application. This additional benefit, while needed and deserved, has caused confusion among veterans, active-duty personnel, and guardsmen and reservists, who believe the PACT Act was only good for one year and then expired.

This has never been the case, but it still comes up. As a volunteer service officer for my organization, I’ve had to counter this at least a half-dozen times in the last year alone.

Filing a claim under the PACT Act follows the same procedures as I’ve listed in previous blog posts.

Here are your first three steps:

• Submit an Intent to File Form (VA 21-0966). This sets up the date that your benefits begin. Once filed, you have a year to submit your claim. Depending on the type of benefits you may receive, payments could be backdated to this submission.
• Make sure you have up-to-date VA Forms 21-4142 and 21-4142a submitted. These forms enable the VA have access to your civilian medical records.
• Schedule an appointment with your VA Primary Care Physician.

As part of that initial appointment, be completely honest, even blunt, with your Doctor and other members of your care team. While in uniform, stoicism was expected. Now, handling our medical issues like a Spartan is only going to get your claim rejected. Applicants need to think more like the TV character Fred Sanford, and let everyone know what is going on.

For more information about the PACT Act or other benefits you or a family member have earned through military service, contact the VA or a Veteran Service Organization.

Looking for more information about any of your benefits with the VA? Make sure you are checking out our whole series: VSO 101!

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