The PACT Act: A Lifeline for Colorado Veterans Exposed to Toxins

For the brave men and women who have served our nation, the return to civilian life can bring unforeseen challenges, particularly concerning their health. Exposure to toxic substances during military service can manifest in various illnesses years later, often making it difficult to establish a direct link and secure the disability benefits they rightfully deserve. However, a significant piece of legislation, the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act, signed into law on August 10, 2022, offers a beacon of hope for veterans in Colorado and across the country.   

Vets Helping Vets Colorado understands the unique struggles faced by our state's veterans. We are dedicated to empowering you with the knowledge and resources needed to navigate the complexities of VA benefits. This comprehensive guide will delve into the PACT Act, its implications for Colorado veterans, the presumptive conditions it covers, eligibility requirements, and how you can take action to apply for the disability benefits you have earned.

Understanding the PACT Act: A Paradigm Shift in Veteran Healthcare

The PACT Act represents the largest expansion of VA healthcare benefits in decades. Named in honor of SFC Heath Robinson, a decorated soldier who tragically passed away in 2020 due to lung cancer linked to his exposure to burn pits in Iraq, this landmark legislation fundamentally changes how the Department of Veterans Affairs (VA) addresses the healthcare needs of veterans exposed to toxic substances.

Before the PACT Act, veterans often faced an uphill battle proving a direct service connection for illnesses potentially caused by toxic exposure. This required extensive documentation, medical evidence, and a lengthy appeals process, often leaving veterans feeling frustrated and without the necessary support.

The PACT Act fundamentally shifts this burden of proof for many conditions. It establishes presumptive service connection for a wide range of illnesses linked to specific periods and locations of military service. This means that if a veteran served in a designated area during a specific timeframe and now suffers from a PACT Act-related condition, the VA will presume that their illness was caused by their military service, making it significantly easier to access healthcare and disability benefits.

Why is the PACT Act Crucial for Colorado Veterans?

Colorado is home to a large and active veteran community, many of whom served in the conflicts and locations covered by the PACT Act. From deployments in Vietnam and the Gulf War to the post-9/11 era in Afghanistan and Iraq, Colorado veterans may have been exposed to various toxins, including:

• Burn Pits: Used extensively in Iraq and Afghanistan to dispose of waste, these open-air fires emitted a toxic cocktail of smoke and ash containing harmful chemicals.

• Agent Orange: Herbicide used during the Vietnam War, exposure to Agent Orange has been linked to numerous long-term health conditions.

• Gulf War-Related Exposures: Veterans who served in the Gulf War may have been exposed to oil well fires, depleted uranium, and other environmental hazards.

• Contaminated Water at Camp Lejeune: Veterans and their families stationed at Camp Lejeune, North Carolina, between 1953 and 1987 may have been exposed to contaminated drinking water.

• Radiation: Veterans involved in specific nuclear weapons testing or cleanup efforts may have experienced radiation exposure.

  
  

The PACT Act directly addresses these exposures, providing a pathway for Colorado veterans suffering from related illnesses to receive the healthcare and disability compensation they deserve without the often-insurmountable burden of proving a direct service connection.

Who is Eligible for PACT Act Benefits?

The PACT Act expands healthcare eligibility for several groups of veterans, including those who:

• Served in the Vietnam War, the Gulf War, Iraq, Afghanistan, or any other combat zone after 9/11.   

• Deployed in support of the Global War on Terror.   

• Were exposed to toxins or other hazards during military service at home or abroad, regardless of deployment location.

  
  

Specifically, the VA encourages all veterans who served in the following locations and timeframes to apply:

• Vietnam Veterans: Served in the Republic of Vietnam between January 9, 1962, and May 7, 1975; Thailand at any U.S. or Royal Thai base between January 9, 1962, and June 30, 1976; Laos between December 1, 1965, and September 30, 1969; certain provinces in Cambodia between April 16, 1969, and April 30, 1969; Guam or American Samoa (or their territorial waters) between January 9, 1962, and July 31, 1980; or Johnston Atoll (or a ship that called there) between January 1, 1972, and September 30, 1977.   

• Gulf War and Post-9/11 Veterans: Performed active duty while assigned to a duty station (including airspace above) on or after August 2, 1990, in Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, or the United Arab Emirates; or on or after September 11, 2001, in Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Yemen, Uzbekistan, or any other country determined relevant by the VA. This also includes those who deployed in support of Operation Enduring Freedom, Operation Freedom's Sentinel, Operation Iraqi Freedom, Operation New Dawn, Operation Inherent Resolve, or Resolute Support Mission.   

• Veterans Exposed to Toxins and Other Hazards: Regardless of when or where they served, if veterans were exposed to toxins or hazards such as air pollutants, chemicals, occupational hazards, or radiation during qualifying training or active duty in the United States or abroad, they may be eligible.

  
  

Furthermore, the PACT Act extends the period for post-9/11 combat veterans to enroll in VA healthcare from five to ten years after discharge. It also provides a one-year open enrollment period for all combat veterans, regardless of whether they have a service-connected disability.

What Health Conditions are Covered Under the PACT Act?

The PACT Act significantly expands the list of presumptive conditions linked to toxic exposure. For veterans meeting the service requirements, the VA will presume that the following conditions were caused by their military service:

For Burn Pit and Other Toxic Exposures (Post-9/11 and Gulf War Era):

• Cancers: 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 of any type, pancreatic cancer, reproductive cancer of any type, and respiratory cancer of any type.   

• Respiratory Illnesses: 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, and sarcoidosis.   

For Agent Orange Exposure (Vietnam Era):

• High blood pressure (also called hypertension)

• Monoclonal gammopathy of undetermined significance (MGUS)

  
  

It's important to note that this list is not exhaustive, and other health conditions may be considered on a case-by-case basis, especially for veterans who can demonstrate a nexus to their service. The PACT Act also mandates ongoing research into the long-term health effects of toxic exposures, meaning the list of presumptive conditions may expand in the future.

How to Apply for PACT Act Disability Benefits in Colorado:

Vets Helping Vets Colorado strongly encourages all eligible veterans in our state to explore the benefits offered by the PACT Act. Applying for disability compensation is a crucial step in accessing the healthcare and financial support you deserve. Here's a general overview of the process:

1. Gather Your Documentation: Collect all relevant military service records, including your DD-214, deployment orders, and any medical records related to your current health conditions. While the PACT Act eases the burden of proof, having this documentation readily available can expedite the process.

2. File an Intent to File (Optional but Recommended): Submitting an "intent to file" with the VA can establish an effective date for your claim, potentially making you eligible for retroactive benefits. You can submit an intent to file online through the VA website, by mail, by phone (1-800-827-1000), or in person at a VA regional office.

3. Submit Your Disability Claim: You can file your disability claim in several ways:

   • Online: Through the VA website (VA.gov). This is often the fastest and most efficient method.

   • By Mail: Download and complete VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits, and mail it to the Department of Veterans Affairs, Claims Intake Center, PO Box 4444, Janesville, WI 53547-4444.   

   • In Person: Visit your local VA regional office and submit your application. You can find the nearest office through the VA website.

   • With the Help of an Accredited Representative: Organizations like Vets Helping Vets Colorado, County Veteran Service Officers (CVSOs), and other accredited veterans service organizations (VSOs) can provide invaluable assistance in navigating the claims process, gathering evidence, and completing the necessary forms. You can find a CVSO in your county through the Colorado Division of Veterans Affairs (https://vets.colorado.gov/services/county-veterans-service-offices).

4. Attend VA Medical Examinations: The VA will likely schedule medical examinations to assess your claimed conditions and determine if a service connection exists (or is presumed under the PACT Act). It is crucial to attend these appointments and provide accurate and complete information to the examiners.

5. Respond to VA Requests Promptly: The VA may request additional information or documentation during the claims process. Respond to these requests promptly to avoid delays in your claim.

   
   

If your claim was previously denied for a condition now covered under the PACT Act, you can file a Supplemental Claim with new and relevant evidence (in this case, the PACT Act itself serves as new and relevant evidence).

Vets Helping Vets Colorado: Your Partner in Navigating the PACT Act

At Vets Helping Vets Colorado, we are committed to ensuring that every Colorado veteran understands and can access the benefits they are entitled to under the PACT Act. Our dedicated team can provide you with:

• Information and Education: We offer comprehensive information about the PACT Act, eligibility requirements, and covered conditions through workshops, online resources, and direct consultations.

• Claims Assistance: Our experienced advocates can guide you through the disability claims process, helping you gather necessary documentation, complete application forms accurately, and understand your rights and options.

• Referral Services: We partner with other reputable veterans service organizations and resources in Colorado to ensure you receive the comprehensive support you need.

  
  

Don't wait to explore your eligibility for PACT Act benefits. If you believe you may have been exposed to toxins during your military service and are experiencing related health issues, we urge you to take action today. Contact Vets Helping Vets Colorado or your local County Veteran Service Officer for assistance.

The Impact of the PACT Act: A Brighter Future for Veterans

The PACT Act represents a significant step forward in honoring the sacrifices of our veterans. By streamlining the process for accessing healthcare and disability benefits for those exposed to toxins, this legislation offers a lifeline to countless individuals who have long suffered the consequences of their service.

For Colorado veterans, the PACT Act provides a crucial opportunity to obtain the recognition and support they deserve. It acknowledges the potential long-term health impacts of military service and ensures that those affected can access the care they need to live healthier and more fulfilling lives.

Vets Helping Vets Colorado stands ready to assist you in navigating this important new law. Your service to our nation deserves to be honored, and we are here to help you access the benefits you have earned.