Major Legislation for Vermont’s Veterans

Dear Fellow Vermonter,

I want to tell you today about a major piece of legislation for Vermont’s veterans that passed Congress this week.

The PACT Act is the most comprehensive expansion of health care for our nation’s veterans in a generation. It adds 23 burn pit and toxic exposure-related health conditions to the VA’s list of presumptive conditions to include numerous cancers and respiratory illnesses. That means that millions of veterans exposed to toxic fumes from burn pits and other toxic exposures while deployed will finally get the Department of Veterans Affairs health care and benefits they deserve. It goes a long way to finally addressing the true cost of war for our brave service members and veterans.

Notably, this bill gives all post-9/11 veterans who deployed to a combat zone access to free VA health care for ten years. Veterans may be subject to nominal copays after the ten-year period expires, depending on income and disability status. The bill also ensures veterans who suffer illnesses from exposure to toxic substances during their deployment can apply for VA disability payment benefits. Additionally, the bill expands disability benefits to some veterans of the Vietnam and Gulf war eras. Though some benefits phase in over time, all benefits of the bill are immediately accessible to veterans who are terminally ill, homeless, under extreme financial hardship, or are over 85 years old.

Below you will find a basic guide to eligibility for veterans who will be helped by this legislation. The first changes go into effect on October 1, 2022, and eligibility for more veterans will be rolled out in the coming years.

If you have any questions or think you might be eligible, please reach out to my office for help by calling 1-800-339-9834 or clicking here.

As always, if you know someone who might benefit from this information, please do not hesitate to forward this note to them.

Sincerely,

The PACT Act Expands Health Care Eligibility 

Need Free VA Health Care for the Next 10 Years? You May Qualify Under the PACT Act: All veterans who enroll in VA health care through the eligibility criteria outlined below will have access to free VA health care for ten years. Eligibility beyond ten years will be determined by income and disability status. See below for more information on eligibility requirements. 

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Expanded Eligibility for Combat Veterans: The PACT Act expands the period of eligibility for VA health care for combat veterans from five years following discharge to 10 years following discharge. This applies to combat veterans who served after November 1998 and with a discharge date after September 11, 2001.

• The PACT Act creates a one-year open enrollment period for Post-9/11 combat veterans who were discharged between September 11, 2001 and October 1, 2013, but who did not previously enroll in VA health care. 
  
  
• The open enrollment period begins on October 1, 2022 and ends September 30, 2023.

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The PACT Act expands access to health care – including hospital care, medical services, and nursing home care – for three categories of veterans:

• Category 1: Those who participated in a toxic exposure risk activity while serving on active duty, active duty for training, or inactive duty for training.
• Category 2: Those who served in certain locations during specific periods of time. 
• Category 3: Those who were deployed in support of a specific contingency operation.

Enrollment Dates for Categories 1 & 2: Enrollment for care under Categories 1 or 2 will occur in a phased manner:

• Beginning October 1, 2024, for veterans who were discharged or released between August 2, 1990 and September 11, 2001.
• Beginning October 1, 2026, for veterans who were discharged or released between September 12, 2001 and December 31, 2006.
• Beginning October 1, 2028, for veterans who were discharged or released between January 1, 2007 and December 31, 2012.
• Beginning October 1, 2030, for veterans who were discharged or released between January 1, 2013 an December 31, 2018.

Enrollment Dates for Category 3: Enrollment for care under Category 3 will not begin until October 1, 2032.

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Medal Recipients Eligibility for Care: To determine health care eligibility, the PACT act indicates that veterans with a service medal in the following categories are eligible for VA health care:

• The Armed Forces Expeditionary Medal
• Service Specific Expeditionary Medal
• Combat Era Specific Expeditionary Medal
• Campaign Specific Medal or other combat theater awards

The PACT Act Expands Eligibility for Benefits

The Pact Act creates a presumption of service connection that requires the VA to award benefits for veterans diagnosed with the following disorders as a result of their military service in the theater of war:

• Asthma that was diagnosed after service
• Head cancer of any type
• Neck cancer of any type
• Respiratory cancer of any type
• Gastrointestinal cancer of any type
• Reproductive cancer of any type
• Lymphoma cancer of any type
• Lymphomatic cancer of any type
• Kidney cancer
• Brain cancer
• Melanoma
• Pancreatic cancer
• Chronic bronchitis
• Chronic obstructive pulmonary disease (COPD)
• Constrictive bronchiolitis or obliterative bronchiolitis
• Emphysema
• Granulomatous disease
• Interstitial lung disease
• Pleuritis
• Pulmonary fibrosis
• Sarcoidosis
• Chronic sinusitis
• Chronic rhinitis
• Glioblastoma

Benefits Immediately Available Under the PACT Act: All eligible individuals who fall into the below categories, will be able to apply for benefits as soon as the bill is signed into law:

• Eligible veterans who are terminally ill, homeless, under extreme financial hardship, or are over 85 years old.
• Eligible dependency and indemnity compensation claimants.
• Eligible individuals living with asthma that was diagnosed after service, respiratory cancer of any type, brain cancer, constrictive bronchiolitis or obliterative bronchiolitis, emphysema, granulomatous disease, interstitial lung disease, pleuritis, pulmonary fibrosis, sarcoidosis, chronic rhinitis, chronic sinusitis, and glioblastoma.

Benefits Available at Upcoming Dates Under the PACT Act: For all other eligible individuals, benefits will be available on the following dates:

• Oct 1, 2023 – chronic bronchitis, and chronic obstructive pulmonary disease.
• Oct 1, 2024 – head cancer of any type, neck cancer of any type, gastrointestinal cancer of any type, reproductive cancer of any type, lymphoma cancer of any type, lymphoma cancer of any type, and pancreatic cancer.
• Oct 1, 2025 – kidney cancer and melanoma.
  
  

The PACT Act Recognizes and Expands Benefits & Care for Veterans Suffering from Toxic Exposures 

Additionally, The PACT Act recognizes the toxic exposures suffered by veterans yet ineligible for VA health care or benefits. Veterans in the following groups will also become eligible for benefits through the PACT Act:

• Veterans who participated in the cleanup of Enewetak Atoll from January 1, 1977 through December 31,1980.
  
  
• Veterans who participated in the cleanup of the Air Force B-52 carrying nuclear weapons off the coast of Palomares, Spain from January 17, 1966 through March 31, 1967.
  
  
• Veterans diagnosed with Gulf War Illness will have their period of eligibility for compensation extended permanently.
  
  
• Certain individuals may bring an action in the United States District Court for the Eastern District of North Carolina to obtain appropriate relief for harm that was caused by exposure to the water at Camp Lejeune resulting in access to health care, disability benefits, financial relief, or a combination of the three.
  
  
• Veterans exposed to herbicide agents who meet the following criteria:
  • Service in Thailand at any United States or Royal Thai base during the period beginning on January 9, 1962, and ending on June 30, 1976, without regard to where on the base the veteran was located or what military job specialty the veteran performed.
    
    
  • Service in Laos during the period beginning on December 1, 1965, and ending on September 30, 1969.
    
    
  • Service in Cambodia at Mimot or Krek, Kompon Cham Province during the period beginning on April 16, 1969, and ending on April 30, 1969.
    
    
  • Service in Guam or American Samoa, or in the territorial waters thereof, during the period beginning on January 9, 1962, and ending on July 31, 1980, or service on Johnston Atoll or on a ship that called at Johnston Atoll during the period beginning on January 1, 1972, and ending on September 30, 1977.

Finally, the PACT Act creates a presumption of service connection related to exposure to herbicide agents for the following conditions:

• Hypertension
  • Veterans with Hypertension who are terminally ill, homeless, under extreme financial hardship, or are over 85 years old, and dependency and indemnity compensation claimants will be eligible upon enactment of this bill.
  • All other eligible veterans with Hypertension, will be eligible for benefits on October 1, 2026.
    
    
• Monoclonal gammopathy of undetermined significance (MGUS)
  • Eligible veterans with MGUS will be eligible for benefits upon enactment of this bill.
    
    

Were You Previously Denied VA Benefits for an Illness Related to Toxic Exposure?

Under the PACT Act You May Now Be Eligible and Have the Right to Reapply

Veterans who believe they are eligible for VA benefits or health care under the provisions of the PACT Act outlined in the above sections, and were previously denied, have the right to reapply for benefits. 

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Additional information on the PACT Act can be found at:

• The newly published VA PACT Act webpage, which has links to apply for health care and benefits.
  
  
• The White House Fact Sheet, which further explains the benefits of this once-in-a-generation legislation.