The Promise to Address Comprehensive Toxins (PACT) Act and your VA benefits
The PACT Act is a new law that expands VA health care and benefits for Veterans exposed to burn pits and other toxic substances. This law helps us provide generations of Veterans—and their survivors—with the care and benefits they’ve earned and deserve.
This information will help answer questions about what the PACT Act means for you or your loved ones. You can also call 800-698-2411 (TTY: 711).
What’s the PACT Act and how will it affect my VA benefits and care?
The PACT Act is perhaps the largest health care and benefit expansion in VA history. The full name of the law is The Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act.
The PACT Act will bring these changes:
Expands and extends eligibility for VA health care for Veterans with toxic exposures and Veterans of the Vietnam, Gulf War, and post-9/11 eras
Adds more than 20 new presumptive conditions for burn pits and other toxic exposures
Adds more presumptive-exposure locations for Agent Orange and radiation
Requires VA to provide a toxic exposure screening to every Veteran enrolled in
VA health care
Helps VA improve research, staff education, and treatment related to toxic exposures
What does it mean to have a presumptive condition for toxic exposure?
To get a VA disability rating, your disability must connect to your military service. For many health conditions, you need to prove that your service caused your condition.
But for some conditions, we automatically assume (or “presume”) that your service caused your condition. We call these “presumptive conditions.”
We consider a condition presumptive when it's established by law or regulation.
If you have a presumptive condition, you don’t need to prove that your service caused the condition. You only need to meet the service requirements for the presumption.
Gulf War era and post-9/11 Veteran eligibility
What burn pit and other toxic exposure conditions are now presumptive?
The VA has added more than 20 burn pit and other toxic exposure presumptive conditions based on the PACT Act. This change expands benefits for Gulf War era and post-9/11 Veterans.
These cancers are now presumptive:
Brain cancer Gastrointestinal cancer of any type Glioblastoma Head cancer of any type Kidney cancer Lymphatic cancer of any type Lymphoma of any type Melanoma Neck cancer Pancreatic cancer Reproductive cancer of any type Respiratory (breathing-related) cancer of any type
These illnesses are now presumptive:
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
How do I know if I have a presumptive exposure to burn pits?
If you served in any of these locations and time periods, te VA determined that you had exposure to burn pits or other toxins. This is called having a presumption of exposure.
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
Am I eligible for free VA health care as a post-9/11 combat Veteran?
Health care eligibility is being extended and expanded based on the PACT Act. You are encouraged to apply, no matter your separation date. Your eligibility depends on your service history and other factors.
If you meet the requirements listed here, you can get free VA health care for any condition related to your service for up to 10 years from the date of your most recent discharge or separation. You can also enroll at any time during this period and get any care you need, but you may owe a copay for some care.
At least one of these must be true of your active-duty service:
You served in a theater of combat operations during a period of war after the Persian Gulf War, or
You served in combat against a hostile force during a period of hostilities after November 11, 1998
And this must be true for you:
You were discharged or released on or after October 1, 2013
You are encouraged to enroll now so the VA can provide any care you may need now or in the future. Enrollment is free. What if I was discharged or released before October 1, 2013? If you meet the requirements listed here, you can receive care and enroll during a special enrollment period between October 1, 2022, and October 1, 2023.
At least one of these must be true of your active-duty service:
You served in a theater of combat operations during a period of war after the Persian Gulf War, or
You served in combat against a hostile force during a period of hostilities after November 11, 1998
And both of these must be true for you: You were discharged or released between September 11, 2001, and October 1, 2013, and
You haven’t enrolled in VA health care before
You are encouraged to apply during this 1-year period so VA can provide you with any care you
may need now or in the future. Enrollment is free. And your care may be free as well.
Vietnam era Veteran eligibility
What new Agent Orange presumptive conditions will VA add?
Based on the PACT Act, VA added 2 new Agent Orange presumptive conditions: High blood pressure (also called hypertension) Monoclonal gammopathy of undetermined significance (MGUS)
If you think you’re eligible for VA health care and benefits, we encourage you to apply now.
What new Agent Orange presumptive locations will VA add?
VA added these 5 new locations to the list of presumptive locations: Any U.S. or Royal Thai military base in Thailand from January 9, 1962, through June 30,
Laos from December 1, 1965, through September 30, 1969
Cambodia at Mimot or Krek, Kampong Cham Province from April 16, 1969, through
April 30, 1969
Guam or American Samoa or in the territorial waters off of Guam or American Samoa
from January 9, 1962, through July 30, 1980
Johnston Atoll or on a ship that called at Johnston Atoll from January 1, 1972, through
September 30, 1977
If you served on active duty in any of these locations, we’ll automatically assume (or “presume”) that you had exposure to Agent Orange.
What new radiation presumptive locations will VA add?
VA added these 3 new response efforts to the list of presumptive locations: Cleanup of Enewetak Atoll, from January 1, 1977, through December 31, 1980 Cleanup of the Air Force B-52 bomber carrying nuclear weapons off the coast
of Palomares, Spain, from January 17, 1966, through March 31, 1967 Response to the fire onboard an Air Force B-52 bomber carrying nuclear weapons
near Thule Air Force Base in Greenland from January 21, 1968, to September 25, 1968 If you took part in any of these efforts, we’ll automatically assume (or “presume”) that you had exposure to radiation.
How do I file a disability claim for a new presumptive condition?
If you haven’t filed a claim yet for the presumptive condition, you can file a new claim online now. You can also file by mail, in person, or with the help of a trained professional.
If VA denied your disability claim in the past and now considers your condition presumptive, you can submit a Supplemental Claim. VA will review your case again.
What if VA denied my claim but now considers my condition presumptive?
You are encouraged to file a Supplemental Claim. When VA receives a Supplemental Claim, they will review the claim again.
Note: If VA denied your claim in the past and they think you may be eligible now, they will try to contact you. But you don’t need to wait for VA to contact you before you file a Supplemental Claim.
What if I have a pending claim for a condition that’s now presumptive?
You don’t need to do anything. If VA added your condition after you filed your claim, they will still consider it presumptive. The VA will send you a decision notice when the VA completes their review.
Can I apply now?
Yes. VA is considering all presumptive conditions established by the PACT Act presumptive on the date the bill becomes law.
If you think you may be eligible for VA health care or benefits, you are encouraged to apply now.
Information for survivors
Will Veterans’ survivors get any benefits based on the PACT Act?
Survivors may be eligible for VA benefits based on the PACT Act. You’ll need to meet requirements for each benefit to qualify:
A monthly VA dependency and indemnity compensation (VA DIC) payment. You may qualify if you’re the surviving spouse, dependent child, or parent of a Veteran who died from a service-connected disability.
A one-time accrued benefits payment. You may qualify if you’re the surviving spouse, dependent child, or dependent parent of a Veteran who VA owed unpaid benefits at the time of their death.
Health care through the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA). You may qualify if you're the survivor or dependent of a Veteran with a service-connected disability.
A burial allowance for help with the Veteran’s burial and funeral costs. You may qualify if you’re the Veteran’s surviving spouse, partner, child, or parent.
Posted: November 28, 2018
FOR IMMEDIATE RELEASE
Nov. 26, 2018
VA hosts music therapy retreat in Nashville to help Veterans heal
‘Operation Song’ connects professional songwriters, former service members to help participants improve their lives
WASHINGTON— Aimed at helping former service members process some of their military experiences, the U.S. Department of Veterans Affairs (VA) and the nonprofit Operation Songlaunched the first of a series of national music therapy retreats Nov. 14-17 in Nashville, Tennessee.
In collaboration with VA Voluntary Services and Veterans Canteen Service, the four-day songwriting retreat connected Veterans from around the country with professional songwriters and VA therapists, as they translated their service experiences into songs, which will be recorded in a music studio for the Veterans to keep.
“VA is always striving to find unique ways to help Veterans build on their military experiences, and music therapy is just one component of VA’s robust Recreation Therapy programs, which serve Veterans around the country,” said VA Secretary Robert Wilkie. “Music can provide an outlet for expression of feelings, as well as be an avenue of communication for those who find it difficult to express themselves.”
Founded by Grammy and Dove Award-nominated songwriter Bob Regan in 2012, Operation Song brings professional songwriters together with Veterans to help create music from often difficult experiences. To date, Nashville-based Operation Song has created more than 600 songs with Veterans of nearly every military conflict, to include World War II, Korea, Vietnam, the Gulf War, Iraq and Afghanistan.
Veterans who wish to participate in the Operation Song retreat program must be referred by their VA health care provider. Operation Song officials said no musical background is necessary to participate in the program; Veterans only need a desire to tell their story.
TIME Magazine honored VA’s Dr. Ann McKee and Dr. Tony Wyss-Coray among a roster of physicians, scientists, and business and political leaders whose works are transforming health care approach and delivery around the country.
“Dr. Ann McKee and Dr. Wyss-Coray are key VA health care leaders who are performing groundbreaking research,” said VA Secretary Robert Wilkie. “And I’m proud to have them in our ranks searching for new ways to improve the lives of our Veterans.”
McKee is chief of Neuropathology at the VA Boston Healthcare System and director of the VA-BU-CLF Brain Bank, a joint endeavor between VA, Boston University and the Concussion Legacy Foundation. She is a pioneer in identifying and understanding the repercussions of chronic traumatic encephalopathy (CTE) — a degenerative condition caused by repeated traumatic blows to the head. CTE has been associated with repetitive, mild traumatic brain injury in military service members.
Her research has called widespread attention to the alarming prevalence of CTE in professional football players. After former New England Patriots tight end Aaron Hernandez died by suicide at age 27, McKee discovered CTE in his brain — the most severe case of CTE she had seen in someone his age. Her research has also demonstrated that adults are not the only ones at risk of brain injury from mild repetitive trauma. McKee has found evidence that children age 6 to12 who play tackle football are also at risk for brain injury.
Wyss-Corayis a VA senior research scientist and associate director of the Center for Tissue Regeneration, Repair and Restoration at Palo Alto, California. He is also a professor of neurology and neurological sciences at Stanford University. His laboratory studies the effects of aging and immune responses on the brain and the role Alzheimer's disease plays in brain degeneration and memory loss.
Wyss-Coray is best-known for his groundbreaking research into the use of blood taken from young mice to combat the effects of aging and memory loss in older mice. The process originally involved surgically connecting young mice to older mice — so they would share blood circulation. Now, his team injects plasma from donor mice into older mice. He hopes, eventually, to perfect the technique for use in humans, with an eye toward treating Alzheimer’s disease.
TIME Magazine said it launched the Health Care 50 to highlight extraordinary people changing the state of U.S. health care this year. Winners were nominated by a team of health editors and reporters who evaluated their work on key factors, including originality, impact and quality.
Paula A. Paige
Senior Writer-Editor, Office of Internal Communications
VA’s Office of Transition and Economic Development engages Puerto Rico’s Veteran community
Partnership events support Veterans Day and beyond
WASHINGTON — The U.S. Department of Veterans Affairs (VA) recently hosted and participated in a series of partnership events in Puerto Rico to advance the economic success of service members, Veterans and families living on the island.
Led by VA’s Office of Transition and Economic Development (TED), the events, which were held Nov. 8-14, resulted in tangible, coordinated and targeted support from federal and local government, Veteran service organizations and other entities.
“VA’s programs to advance economic success for our nation’s Veterans are comprehensive,” said VA Secretary Robert Wilkie. “They involve education, employment, housing, health and much more. TED, with the steadfast support of the San Juan Regional Office and U.S. Army Garrison Fort Buchanan, is mobilizing resources from across the Veteran service community to meet the various needs of Veterans and their families in Puerto Rico.”
The activities in Puerto Rico included a benefits and claims clinic and economic partnership roundtable at Fort Buchanan, which served approximately 600 customers; a service project in Arecibo, conducted in partnership with Team Rubicon, Wounded Warrior Project and The Mission Continues, which repaired homes of Veterans as a result of damage caused by Hurricane Maria; and a Hiring Our Heroes job fair hosted by the U.S. Chamber of Commerce Foundation.
As a result of the economic partnership roundtable, VA is projecting the following outcomes:
TED was created in summer 2018, and is part of VA’s Veterans Benefits Administration (VBA). VBA delivers nonmedical benefits programs for millions of Veterans, including disability compensation; pension and fiduciary; education; home loan guaranty; life insurance; and vocational rehabilitation and employment benefits.
If you are a wartime veteran, or a family member of a wartime veteran, you have probably heard conflicting information regarding proposed changes to the eligibility rules for the Aid & Attendance Pension (A&A) offered through the Department of Veterans Affairs (VA). This is a brief summary of the eligibility requirements for the current A&A rules, and an update on the proposed rule changes.
Eligibility for the Aid & Attendance Pension
A&A is a tax-free monthly benefit paid to wartime veterans or their spouses/dependents. The benefit ranges from $8,000-$34,000/year, depending on a number of factors, including the following eligibility requirements:
1. Service: applicants must be “wartime” veterans (or their spouse/dependent). “Wartime” means at least 90 consecutive days of active duty service, at least 1 day of which was during a recognized wartime period.
2. Health: generally, applicants must be “disabled” (i.e. they must be 65 or older and require assistance with at least 2 “activities of daily living”) – regardless of whether they are at home or in a healthcare facility;
3. Income: applicants’ income must be significantly reduced by qualified recurring monthly medical expenses; and
4. Assets: applicants may not have significant assets.
On January 23, 2015, the VA published a proposal to significantly change the rules regarding eligibility for A&A benefits. Proposed changes included:
• Establishing a “bright line” rule for net worth limitations;
• Establishing a 3-year “look back” period for asset transfers prior to application for benefits;
• Imposition of a penalty period (of ineligibility for benefits), with respect to any improper transfers of assets during the “look back” period; and
• Limitations on qualifying medical expenses.
The proposal was largely aimed at counteracting perceived abuses of the program (i.e. applicants sheltering significant assets in order to qualify for the benefit). However, the statistics do not support these concerns. 2015 U.S. Census data shows approximately 19 million military veterans alive in 2014. VA utilization data from 2012 shows only 315,000 recipients of A&A benefits. In other words, only 2% of veterans receive the A&A benefit.
The health and service requirements are non-negotiable, and, the purpose of the A&A benefit is to assist veterans with significant health expenses. It is relatively unlikely that individuals with significant liquid assets (available to pay significant health expenses) would elect to relinquish complete control of these assets to gain additional tax-free income – especially when significant assets might generate similar amounts of income (though not tax-free).
Following the release of the VA’s proposal, there was a public comment period (in the spring of 2016), during which the proposed changes were heavily scrutinized and challenged by attorneys and veterans’ advocacy groups. As a result, the VA has gone “back to the drawing board”, and recently indicated that the final changes will not be released prior to April 2017.
So what does this mean for you? There is still time to plan for VA eligibility under the current rules – which are far less restrictive than those which are likely to be promulgated after April 2017. For example, establishing a VA-planning trust now will likely not be retroactively subject to the proposed 3-year “look back” period. Additionally, individuals in independent-living facilities are presently able to use certain planning techniques to achieve eligibility, which will not work after April 2017.
A highly sophisticated scam targeting veterans is making its way around the United States. This new scam is targeting disabled veterans and the veterans applying for disability compensation. This highly sophisticated scam makes use of new telephone technology that gives the impression the scammer is actually calling from a veterans' local VA Regional Office.
Question: I have a claim in appeal process. I was stationed at Anderson AFB Guam from Oct 68 to Jan 1970. While there I went to Cameron Bay South Vietnam the last week of Oct 1969 first week of Nov 1969, went back to Guam and was processed out honorably discharged Jan 1970. I was paid while in Vietnam. I have requested my pay records but was told the VA does not have any record of my pay records. I have made my claim in April 2013. My question, How can I prove I was in Vietnam without orders?
Question: I am a member of Veterans choice. I recently went to my assigned doctor for a wrist problem. He told me to get an x-ray, so I went to the local hospital and got one. I've been tormented by them ever since demanding $400. Nobody told me I would have to contact VA first. What am I to do?
Standing Together to Empower Military Sexual Trauma Survivors
Sexual Assault Awareness Month (SAAM) is an annual campaign in April to raise public awareness about sexual assault. In its SAAM campaign, VA focuses in particular on sexual assault and sexual harassment occurring during military service – also known as “military sexual trauma” or “MST.” This year, VA’s national theme for SAAM activities is “Standing Together to Empower Military Sexual Trauma Survivors”.
Reflecting on the theme, Timiko Ilion, LPMHC, the MST Coordinator at the Jackson (MS) VA Medical Center, comments that it is about “people from all walks of life embracing one another and providing encouragement to all survivors of military sexual trauma….letting them know that they are not alone and that there is hope, strength, and solidarity for better days ahead.” Rebecca Robinson, LCSW, the MST Coordinator at the White River Junction VA Medical Center, notes that the theme reminds her of the work she does throughout the year to include survivors’ voices in any outreach or educational efforts she engages in. “Veterans in my groups offer thoughts that I subsequently read to the participants I’m presenting to. It gives survivors a chance to speak for themselves and advocate, and feel empowered to be part of our MST response in Vermont.”
In VA, Veterans who experienced MST have access to a wide range of services to assist them in their recovery. MST-related treatment is available at all VA medical facilities and all treatment for physical and mental health conditions related to experiences of MST is provided free of charge. Veterans may be eligible for free MST-related care even if they are not eligible for other VA services, and service connection (VA disability compensation) is not required. No documentation of MST experiences is required. In addition, every VA healthcare system has an MST Coordinator who serves as a contact person for MST-related issues at the facility and can help Veterans access relevant VA services and programs.
Sadly, about 1 in 4 women and 1 in 100 men seen for VA health care report a history of MST when screened by a VA provider. Although the percentage among women is much higher, given the far greater number of men in military service, there are significant numbers of both men and women who have experienced MST. In fact, over 40% of the Veterans seen in VA who disclose MST are men.
Because of this, MST Coordinators and other VA staff make special efforts during SAAM to show support for Veterans who experienced MST, by hosting awareness-raising and educational events. Also, VA’s Make the Connection website has video clips of Veterans sharing their stories of recovery, as a reminder that survivors are not alone in having experienced MST or in having the strength to recover.
For more information, Veterans can speak with a VA health care provider, contact the MST Coordinator at their nearest VA medical center, or contact their local Vet Center. A list of VA and Vet Center facilities can be found at www.va.gov. VA staff can find information on the VA intranet at http://vaww.mst.va.gov.
Military sexual trauma (MST) is the term that the Department of Veterans Affairs uses to refer to sexual assault or repeated, threatening sexual harassment that occurred while the Veteran was in the military. It includes any sexual activity in which one is involved against one’s will – he or she may have been pressured into sexual activities (for example, with threats of negative consequences for refusing to be sexually cooperative or with implied faster promotions or better treatment in exchange for sex), may have been unable to consent to sexual activities (for example, when intoxicated), or may have been physically forced into sexual activities. Other experiences that fall into the category of MST include unwanted sexual touching or grabbing; threatening, offensive remarks about a person’s body or sexual activities; and/or threatening or unwelcome sexual advances.
Both women and men can experience MST during their service. All Veterans seen at Veterans Health Administration facilities are asked about experiences of sexual trauma because we know that any type of trauma can affect a person’s physical and mental health, even many years later. We also know that people can recover from trauma. VA has free services to help Veterans do this. You do not need to have a VA disability rating (i.e., “service connected”) to receive these services and may be able to receive services even if you are not eligible for other VA care. You do not need to have reported the incident(s) when they happened or have other documentation that they occurred.
VA’s rule establishes presumption of service connection for diseases associated with exposure to contaminants in water supply at Camp Lejeune
VA to provide disability benefits for related diseases
WASHINGTON – The Department of Veterans Affairs’ (VA) regulations to establish presumptions for the service connection of eight diseases associated with exposure to contaminants in the water supply at Camp Lejeune, North Carolina, are effective as of today.
“Establishing these presumptions is a demonstration of our commitment to care for those who have served our nation and have been exposed to harm as a result of that service,” said Secretary of Veterans Affairs, Dr. David J. Shulkin. “The Camp Lejeune presumptions will make it easier for those Veterans to receive the care and benefits they earned.”
The presumption of service connection applies to active-duty, reserve and National Guard members who served at Camp Lejeune for a minimum of 30 days (cumulative) between Aug. 1, 1953, and Dec. 31, 1987, and are diagnosed with any of the following conditions:
• Adult leukemia
• Aplastic anemia and other myelodysplastic syndromes
• Bladder cancer
• Kidney cancer
• Liver cancer
• Multiple myeloma
• Non-Hodgkin’s lymphoma
• Parkinson’s disease
The area included in this presumption is all of Camp Lejeune and Marine Corps Air Station New River, including satellite camps and housing areas.
This presumption complements the health care already provided for 15 illnesses or conditions as part of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012. The Camp Lejeune Act requires VA to provide health care to Veterans who served at Camp Lejeune, and to reimburse family members or pay providers for medical expenses for those who resided there for not fewer than 30 days between Aug. 1, 1953, and Dec. 31, 1987.
A typo on Joseph Noil's death certificate led to the mistake being repeated on his headstone with no indication that the remains buried beneath the ground were those of a Medal of Honor recipient. His headstone will be replaced with a Medal of Honor headstone befitting of his service and bearing the correct spelling of his name.
The summit will promote collaboration between private industries, national/professional sports organizations, the federal government, innovators, scientists, athletes, clinicians, caregivers and Veterans.
It’s easy to nominate a Veteran. All it takes is an email to us with as much information as you can put together. Click on the picture to the left for an overview of how to put together a great #VeteranOfTheDay package.
Have a Veteran question? Ask us on Twitter using the hashtag #VetQ
VA's Caregiver Support Line assistance is just a quick phone call away. Whether you're in need of immediate assistance or have questions about what services you may be eligible for, the caring licensed social workers who answer the support line can:
Provide you with information about assistance available from VA.
Help you access services.
Connect you with the Caregiver Support Coordinator at a VA Medical Center near you.
Just listen, if that's what you need right now.
If you're just getting started with VA, calling the Caregiver Support Line at 1-855-260-3274 is a great first step to learn more about the support that is available to you.
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