The PACT Act made significant changes to the benefits available to veterans who were exposed to burn pits, Agent Orange, and other toxins during their service. The Act also extended and expanded eligibility for many veterans. Numerous VA presumptive conditions under the PACT Act no longer require proof of service connection.
If you’re a veteran, you may meet the eligibility criteria to take advantage of these added benefits. But what if you’ve applied and received a claim denial? That’s when you need a lawyer on your side with experience in veterans’ disability claims. A seasoned attorney can review your claim denial, gather additional information to prove your case, and file a supplemental claim.
The North Carolina veterans disability lawyers from Hardison & Cochran | Injury & Workers Comp Lawyers are here to help after your claim was denied. Contact us today for your free consultation to learn more.
What Is the PACT Act and How Does It Expand Benefits for NC Veterans?
The PACT Act is officially known as The Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. The law expands benefits for veterans exposed to burn pits and other toxic substances, and may be the largest expansion of health care and benefits for veterans ever passed.
PACT Act benefits include:
- Expanded and extended VA health care eligibility for veterans with toxic exposures and veterans of the Vietnam War, the Gulf War, and the Post-9/11 era
- More presumptive exposure locations for Agent Orange and radiation
- Additional 20+ presumptive condition categories
- Requirement for the VA to provide every veteran enrolled in VA health care with a toxic exposure screening every five years
Is PACT Act Compensation in Addition to VA Disability?
Yes. The PACT Act doesn’t replace your existing VA disability benefits. It enhances them. If you have a current VA disability rating, filing a PACT Act claim for a new condition won’t reduce your existing benefits, but it could increase your overall compensation.
Presumptive Conditions and Camp Lejeune Coverage Under the PACT Act
For many disabilities, the veteran must prove that their service caused the condition to receive VA benefits. However, the VA automatically assumes that certain conditions are linked to military service. While veterans must meet the service requirements, they do not have to make a direct service connection for these presumptive conditions.
The PACT Act has added over 20 presumptive conditions for veterans in certain service locations during specific periods.
New Vietnam Era Veteran Presumptive Conditions
VA PACT Act presumptive conditions now include high blood pressure and monoclonal gammopathy of undetermined significance (MGUS) for Vietnam era veterans.
New Gulf War and Post 9/11 Veteran Presumptive Conditions
For qualifying Gulf War and Post 9/11 veterans, the additional presumptive conditions include:
- Asthma (diagnosed after service)
- Brain cancer
- Chronic bronchitis
- Chronic obstructive pulmonary disease (COPD)
- Chronic rhinitis
- Chronic sinusitis
- Constrictive bronchiolitis or obliterative bronchiolitis
- Emphysema
- Gastrointestinal cancer of any type
- Glioblastoma
- Granulomatous disease
- Head cancer of any type
- Interstitial lung disease (ILD)
- Kidney cancer
- Lymphoma of any type
- Melanoma
- Neck cancer of any type
- Pancreatic cancer
- Pleuritis
- Pulmonary fibrosis
- Reproductive cancer of any type
- Respiratory (breathing-related) cancer of any type
- Sarcoidosis
New Camp Lejeune Veteran Presumptive Conditions
Service members who served at Marine Corps Base Camp Lejeune or Marine Corps Air Station (MCAS) New River, North Carolina, between August 1, 1953, and December 31, 1987, or their family members, may be eligible for benefits if they have any of these presumptive conditions:
- Adult leukemia
- Aplastic anemia and other myelodysplastic syndromes
- Bladder cancer
- Kidney cancer
- Liver cancer
- Multiple myeloma
- Non-Hodgkin’s lymphoma
- Parkinson’s disease
If you or a family member lived or worked at Camp Lejeune during this period and developed one of these conditions, you may also have a separate claim under the Camp Lejeune water contamination lawsuits.
New Health Care Benefits for NC Veterans Under the PACT Act
Veterans eligible under the PACT Act don’t need a service-connected disability to receive health care benefits. They’ll receive the full VA Medical Benefits Package just by applying. No disability rating is required.
To be eligible, veterans must meet the basic service and discharge requirements. They must also have either:
- Served in the Vietnam War, the Gulf War, Iraq, Afghanistan, or any other combat zone after 9/11, or
- Been deployed in support of the Global War on Terror, or
- Been exposed to certain toxins or other hazards during military service
Toxic Exposure Screenings for North Carolina Veterans
The PACT Act also allows toxic exposure screening for all veterans enrolled in toxic exposure health care. The screening occurs once every five years and takes 5 to 10 minutes. Toxic exposure screening is used to identify self-reported exposure to toxins during military service and help prioritize exposure-informed care for veterans.
How to File a PACT Act Claim: Steps for North Carolina Veterans
You can file a PACT Act claim if you meet basic service and discharge requirements. You may qualify if you were exposed to chemicals, herbicides, burn pits, radiation, or other toxic hazards during military service, or if you have a presumptive condition.
You’ll need:
- Service records, including your DD214 and deployment records
- Medical records, both VA and private, that document your condition
- Supporting evidence, such as buddy statements, unit records, or personal statements about the exposure and its impact
- Identification, including your Social Security number and VA file number
You must then complete VA Form 21-526EZ for disability compensation and related benefits.
If you have filed your claim and received a denial, you need help from an experienced North Carolina veterans disability benefits lawyer like those at Hardison & Cochran | Injury & Workers Comp Lawyers.
Contact Hardison & Cochran | Injury & Workers Comp Lawyers for Help with Your VA Disability Claim
If you’re a veteran whose application for VA benefits has been denied, don’t try to handle your supplemental claim, higher-level review, or appeal to the Board of Veterans’ Appeals on your own. You need a skilled lawyer from Hardison & Cochran | Injury & Workers Comp Lawyers to take on the legal work for you.
For more than 40 years, our firm has been helping the people of North Carolina get the benefits they deserve. We’d be honored to work for you, too.
We have six offices across the Tar Heel State to better serve you. We’ve recovered millions of dollars in settlements and awards for our clients, and they’ve provided glowing reviews of the work we’ve done for them.* As former client Toney H. said:
“My interaction with Hardison & Cochran was superb. They kept me fully informed of my case and advised on what to expect and everything went accordingly. I especially was elated with the client/attorney confidentiality and relationship. Hardison & Cochran was at my disposal for my every need and question! Thumbs up!”
– Toney H.
Call us today to get the help you need. We can aggressively pursue the veterans’ benefits you earned through your hard work and sacrifice.
*Each case is unique, and past results do not guarantee future outcomes.
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