The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act, signed into law in August 2022, represented the most significant expansion of VA benefits for toxic-exposed veterans in decades. For DBA attorneys, understanding its full implications is now essential practice.
What the PACT Act Changed
The PACT Act established presumptive service connection for a comprehensive list of conditions associated with toxic exposure. This means that a veteran or contractor who was exposed to identified toxins and subsequently develops a listed condition no longer needs to prove the causal link — it is presumed. This dramatically changes the evidentiary burden in affected claims.
Burn Pit Presumptives
Perhaps the most significant expansion covers conditions associated with burn pit exposure. Contractors who served at or near locations where open burn pits were operated — which covers a vast number of sites across Iraq, Afghanistan, Syria, and elsewhere — may now have presumptive coverage for a range of respiratory, cardiovascular, and oncological conditions.
Agent Orange Expansion
The PACT Act also extended Agent Orange presumptives to additional veterans and locations, including those who served in Thailand, Cambodia, Laos, Guam, American Samoa, and Johnston Atoll. DBA attorneys representing Vietnam-era and post-Vietnam contractors should review existing and potential claims in light of these expansions.
Implications for Pending Claims
Critically, the PACT Act has retroactive implications. Claims that were previously denied based on insufficient nexus evidence may now be viable as supplemental claims under the new presumptive framework. A systematic review of previously denied claims is a significant opportunity for DBA practices.
Practical Steps for Attorneys
Every new intake should now include a thorough toxic exposure history — burn pit proximity, contaminated water exposure, Agent Orange locations, radiation exposure, and environmental hazards. The exposure history is no longer just relevant to specialist toxic exposure claims; it is potentially dispositive across a much wider range of conditions.