President Biden Signs PACT Act

The bipartisan bill, the PACT Act, was signed by President Joe Biden on Wednesday. The new law expands Veterans Administration health care and benefits for veterans exposed to burn pits and other toxic substances, according to the VA.

According to the White House, The PACT Act will ensure veterans receive high-quality health care screenings and services related to potential toxic exposures and expands access to VA health care services for veterans exposed during their military service. For post-9/11 combat veterans, the bill extends the period of time they have to enroll in VA health care from five to 10 years post-discharge. For those combat veterans who do not fall within that window, the bill also creates a one-year open enrollment period. These expansions mean that more veterans can enroll in VA health care without having to demonstrate a service-connected disability. 

The PACT Act codifies VA’s new process for evaluating and determining presumption of exposure and service connection for various chronic conditions when the evidence of a military environmental exposure and the associated health risks are strong in the aggregate but hard to prove on an individual basis.

PACT requires VA to seek independent evaluation of this process as well as external input on the conditions it will review using this framework. The new process is evidence-based, transparent and allows VA to make faster policy decisions on crucial exposure issues. This new process has already fundamentally changed how VA makes decisions on environmental exposures and ensures more veterans have access to the care they need.

The legislation removes the need for certain veterans and their survivors to prove service connection if they are diagnosed with one of 23 specific conditions. This greatly reduces the amount of paperwork and need for exams that veterans diagnosed with one of these conditions must complete before being granted access to health care and disability compensation, thereby speeding up their receipt of the benefits they have earned. This list includes 11 respiratory related conditions, along with several forms of cancer, including reproductive cancers, melanoma, pancreatic cancer, kidney cancer and brain cancers such as glioblastoma. Survivors of veterans who died due to one of these conditions may now also be eligible for benefits.

To better understand the impact of toxic exposures, the PACT Act requires the VA to conduct new studies of veterans who served in Southwest Asia during the Gulf War and analyses of post-9/11 veterans’ health trends. The new law also directs the secretary of Veterans Affairs to convene a new interagency working group to develop a five-year strategic plan on toxic exposure research. 

Ensuring veterans get the care they need includes ensuring that they are screened for toxic exposure and that VA personnel have the appropriate education and training. The PACT Act requires that veterans enrolled in VA health care be screened regularly for toxic exposure related concerns. This new law also requires VA to establish an outreach program for veterans regarding toxic exposure related benefits and supports, and to require additional toxic exposure related education and training for VA personnel. 

This bill also delivers critical resources to VA to ensure it can deliver timely access to services and benefits for all veterans eligible – including those already enrolled. The PACT Act provides VA with mechanisms to enhance claims processing and to increase the workforce. The bill also invests in VA health care facilities by authorizing 31 major medical health clinics and research facilities in 19 states.