The Honoring our PACT Act of 2022 (Public Law No. 117-169) was signed into law on August 10, 2022. This law significantly expanded benefits for veterans exposed to toxic substances during their military service.
Key Changes:
Expanded Definition of Persian Gulf War Veteran:
38 U.S.C. § 1117 now includes service in Afghanistan, Israel, Egypt, Turkey, Syria, or Jordan.
Presumption of Exposure:
38 U.S.C. § 1119 establishes a presumption of exposure to substances, chemicals, and airborne hazards for veterans who served after August 2, 1990, in the following locations:
Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, or the United Arab Emirates.
Veterans who served after September 11, 2001, in the following locations:
Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Yemen, Uzbekistan, or any other country determined relevant by the Secretary of Veterans Affairs.
Presumption of Service Connection for Certain Diseases:
38 U.S.C. § 1120 presumes a service connection for specific diseases associated with exposure to burn pits and other toxins.
These diseases include:
- Asthma (diagnosed after service)
- Various cancers (including lung, gastrointestinal, reproductive, lymphatic, kidney, brain, melanoma, and pancreatic cancer)
- Chronic bronchitis
- COPD
- Constrictive bronchiolitis or obliterative bronchiolitis
- Emphysema
- Granulomatous disease
- Interstitial lung disease
- Pleuritis
- Pulmonary fibrosis
- Sarcoidosis
- Chronic sinusitis
- Chronic rhinitis
- Glioblastoma
Radiation Exposure Presumption:
38 U.S.C. § 1112(c)(3)(B) expands the list of radiation exposure events, including:
- Cleanup of Enewetak Atoll (January 1, 1977, to December 31, 1980)
- Onsite participation in the response to the Palomares, Spain, B-52 crash (January 17, 1966, to March 31, 1967)
- Onsite participation in the response to the Thule Air Base, Greenland, B-52 crash (January 21, 1968, to September 25, 1968)
Herbicide Exposure Presumption:
38 U.S.C. § 1116 expands the presumption of exposure to herbicide agents (e.g., Agent Orange) to include service in specific locations and time periods, such as Vietnam, Thailand, Laos, Cambodia, Guam, American Samoa, and Johnston Atoll.
It also adds monoclonal gammopathy of undetermined significance (MGUS) and hypertension to the list of presumptive herbicide-related diseases.
For more detailed information, refer to the specific sections of Title 38 of the United States Code (38 U.S.C.) and the Honoring our PACT Act of 2022.
Disclaimer: This information is for general knowledge and does not constitute financial or legal advice.