Recent Major Changes in Law for Veterans of Southeast and Southwest Asia (Agent Orange and Burn Pits Contaimination)
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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.
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Exposure to Agent Orange
VA began recognizing the relationship between exposure to certain toxin defoliants - such as Agent Orange (AO) - used by the United States military and certain diseases comprehensively as early as 2004 and has since expanded this coverage to naval personnel who served in the territorial waters off the Republic of Vietnam in 2020 (the "Blue Water Navy Act"). The VA commissioned a study by the National Institutes of Health to determine what diseases could be positively attributed to AO and this list has been significantly expanded over the years as additional medical evidence has become available.
Additionally, in the original legislation, a veteran had to prove they were "boots on the ground" in Vietnam or in several other locations. The Blue Water Navy Act expanded the definition of "territory" to include the territorial waters off the coast of Vietnam and the new PACT Act further expanded areas where military personnel were exposed to AO. the number of diseases presumptively associated with AO exposure has also been expanded under the PACT Act.
VA began recognizing the relationship between exposure to certain toxin defoliants - such as Agent Orange (AO) - used by the United States military and certain diseases comprehensively as early as 2004 and has since expanded this coverage to naval personnel who served in the territorial waters off the Republic of Vietnam in 2020 (the "Blue Water Navy Act"). The VA commissioned a study by the National Institutes of Health to determine what diseases could be positively attributed to AO and this list has been significantly expanded over the years as additional medical evidence has become available.
Additionally, in the original legislation, a veteran had to prove they were "boots on the ground" in Vietnam or in several other locations. The Blue Water Navy Act expanded the definition of "territory" to include the territorial waters off the coast of Vietnam and the new PACT Act further expanded areas where military personnel were exposed to AO. the number of diseases presumptively associated with AO exposure has also been expanded under the PACT Act.
Areas Where Agent Orange was Used
VA bases eligibility for VA disability compensation benefits, in part, on whether you served in a location that exposed you to Agent Orange. We call this having a presumption of exposure.
You have a presumption of exposure if you meet at least one of these service requirements.
Between January 9, 1962, and May 7, 1975, you must have served for any length of time in at least one of these locations:
VA bases eligibility for VA disability compensation benefits, in part, on whether you served in a location that exposed you to Agent Orange. We call this having a presumption of exposure.
You have a presumption of exposure if you meet at least one of these service requirements.
Between January 9, 1962, and May 7, 1975, you must have served for any length of time in at least one of these locations:
- In the Republic of Vietnam, or
- Aboard a U.S. military vessel that operated in the inland waterways of Vietnam, or
- On a vessel operating not more than 12 nautical miles seaward from the demarcation line off the waters of Vietnam and Cambodia
Or you must have served in at least one of these locations that we’ve added based on the PACT Act:
- Any U.S. or Royal Thai military base in Thailand from January 9, 1962, through June 30, 1976, or
- Laos from December 1, 1965, through September 30, 1969, or
- Cambodia at Mimot or Krek, Kampong Cham Province from April 16, 1969, through April 30, 1969, or
- Guam or American Samoa or in the territorial waters off Guam or American Samoa from January 9, 1962, through July 31, 1980, or
- Johnston Atoll or on a ship that called at Johnston Atoll from January 1, 1972, through September 30, 1977
- You served in or near the Korean DMZ for any length of time between September 1, 1967, and August 31, 1971, or
- You served on active duty in a regular Air Force unit location where a C-123 aircraft with traces of Agent Orange was assigned, and had repeated contact with this aircraft due to your flight, ground, or medical duties, or
- You were involved in transporting, testing, storing, or other uses of Agent Orange during your military service, or
- You were assigned as a Reservist to certain flight, ground, or medical crew duties at one of the locations listed here
- Lockbourne/Rickenbacker Air Force Base in Ohio, 1969 to 1986 (906th and 907th Tactical Air Groups or 355th and 356th Tactical Airlift Squadrons)
- Westover Air Force Base in Massachusetts, 1972 to 1982 (731st Tactical Air Squadron and 74th Aeromedical Evacuation Squadron, or 901st Organizational Maintenance Squadron)
- Pittsburgh International Airport in Pennsylvania, 1972 to 1982 (758th Airlift Squadron)
Diseases Associated With AO Exposure
You may also be eligible for disability compensation based on other Agent Orange presumptive conditions. These conditions include certain cancers, type 2 diabetes, and other illnesses.
Respiratory cancers (including lung cancer)
Some soft tissue sarcomas
Note: We don’t include osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma on our list of presumptive conditions.
AL amyloidosis
Chloracne (or other types of acneiform disease like it)
Note: Under our rating regulations, this condition must be at least 10% disabling within 1 year of herbicide exposure.
Diabetes mellitus type 2
High blood pressure (hypertension)
Hypothyroidism
Ischemic heart disease
Monoclonal gammopathy of undetermined significance (MGUS)
Parkinsonism
Parkinson’s disease
Peripheral neuropathy, early onset
Note: Under our rating regulations, this condition must be at least 10% disabling within 1 year of herbicide exposure.
Porphyria cutanea tarda
Note: Under our rating regulations, this condition must be at least 10% disabling within 1 year of herbicide exposure.
Based on the PACT Act, VA has added 2 new Agent Orange presumptive conditions:
You may also be eligible for disability compensation based on other Agent Orange presumptive conditions. These conditions include certain cancers, type 2 diabetes, and other illnesses.
- Bladder cancer
- Chronic B-cell leukemia
- Hodgkin’s disease
- Multiple myeloma
- Non-Hodgkin’s lymphoma
- Prostate cancer
Respiratory cancers (including lung cancer)
Some soft tissue sarcomas
Note: We don’t include osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma on our list of presumptive conditions.
AL amyloidosis
Chloracne (or other types of acneiform disease like it)
Note: Under our rating regulations, this condition must be at least 10% disabling within 1 year of herbicide exposure.
Diabetes mellitus type 2
High blood pressure (hypertension)
Hypothyroidism
Ischemic heart disease
Monoclonal gammopathy of undetermined significance (MGUS)
Parkinsonism
Parkinson’s disease
Peripheral neuropathy, early onset
Note: Under our rating regulations, this condition must be at least 10% disabling within 1 year of herbicide exposure.
Porphyria cutanea tarda
Note: Under our rating regulations, this condition must be at least 10% disabling within 1 year of herbicide exposure.
Based on the PACT Act, VA has added 2 new Agent Orange presumptive conditions:
- High blood pressure (also called hypertension)
- Monoclonal gammopathy of undetermined significance (MGUS)
Exposure to Contaminants from Burn Pits
Burn pits are a common waste disposal method mainly used by the U.S. military outside of the U.S. Basically, it’s an open-air area used to burn solid waste on a large scale. Types of trash burned can range from chemicals and human waste to food scraps and rubber, among other things.
The smoke and fumes from the pits can be toxic. Certain airborne particles like particulate matter (PM2.5) can be hazardous to health. Burn pits are one source of dangerous PM2.5.
Exposure to the pits can cause short-term and long-term health problems. It can be worse if you have preexisting breathing problems like asthma or other lung and heart conditions.
The Department of Veterans Affairs (VA) estimates around 3.5 million U.S. military members could have been exposed to burn pits.
The smoke and fumes from the pits can be toxic. Certain airborne particles like particulate matter (PM2.5) can be hazardous to health. Burn pits are one source of dangerous PM2.5.
Exposure to the pits can cause short-term and long-term health problems. It can be worse if you have preexisting breathing problems like asthma or other lung and heart conditions.
The Department of Veterans Affairs (VA) estimates around 3.5 million U.S. military members could have been exposed to burn pits.
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Where Could You Have Been Contaminated By Burn Pits for VA Disability Purposes?
On or after August 2, 1990, in any of these locations:
What Diseases Are Presumptive to Burn Pit Contamination?
These cancers are now presumptive:
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On or after September 11, 2001, in any of these locations:
These illnesses are now presumptive:
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