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This article has been written and reviewed for legal accuracy and clarity by Tort Defenders’ writers and staff and is as accurate as possible. This content should not be taken as legal advice from an attorney.
A presumptive condition is a disease or condition that the government presumes occurred because of the veteran’s military service. If a veteran develops a presumptive condition, they do not need to prove that it was caused by their service and can directly seek compensation because of it.
The government recently updated its list of presumptive conditions with the passing of the Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022. This Act is said to be the, “most significant expansion of benefits and services for toxic exposed veterans in more than 30 years.”
By expanding the list of presumptive conditions, more veterans can be compensated for medical conditions developed because of their service. They should also be able to seek compensation faster.
What Is the PACT Act?
The PACT Act is designed to support service personnel who developed medical conditions because they were exposed to toxic or unhealthy environments.
The use of Agent Orange in the Vietnam War is a strong example of this. The chemical affected more than 300,000 veterans after they returned from war and even caused birth complications and developmental delays in their children.
In the first year since the PACT Act was launched, there were claims made in all 50 states and United States territories. The Department of Veterans Affairs (VA) processed 458,659 PACT Act claims and delivered more than $1.85 billion to survivors.
Who Is Affected by the PACT Act?
The PACT Act primarily supports veterans who were exposed to toxic chemicals while in service. The bill breaks down two primary groups who are likely to submit PACT Act claims:
- Vietnam Veterans and other veterans who were exposed to tactical herbicides like Agent Orange. This includes veterans of the Korean War as well.
- Gulf War and post-9/11 Veterans who were potentially exposed to chemicals in burn pits, experienced radiation poisoning, and encountered other warfare agents.
The goal is to reach as many veterans as possible and support their medical care and disability needs.
What Is a Presumptive Condition?
A presumptive condition is one the military assumes culpability for because the veteran likely developed it during their service. For example, if a veteran develops respiratory issues after being exposed to toxic chemicals in the air, the government presumes that there is a connection between the two.
The concept of presumptive conditions was developed to speed up the claims process. Without presumptive conditions, each veteran who sought compensation would need to actively prove that their condition was caused by their service. This puts a tremendous burden of proof on the veterans and would complicate almost any case.
If a veteran wants to seek compensation for the healthcare costs from a condition not listed below they will need to prove that the military specifically caused the issue.
PACT Act Presumptive Conditions List: The 23 Conditions That Qualify
There are 23 categories of presumptive conditions. Together, these categories account for more than 330 medical conditions in total. For example, a cancer related to a specific body part can come in many forms and affect patients in different ways. Here are the 23 new presumptive condition categories:
- Brain cancer: A growth of abnormal cells in the brain.
- Gastrointestinal cancer: Abnormal cells in the digestive tract, which starts in the esophagus and ends in the rectum.
- Glioblastoma: An aggressive brain or spinal tumor.
- Head cancer: Abnormal cell growths around the mouth, sinuses, nose, and throat.
- Kidney cancer: Abnormal cell growth and tumors in the kidneys.
- Lymphoma: Cancer that begins in the lymph system, like the bloodstream or bone marrow.
- Melanoma: Also known as skin cancer.
- Neck cancer: Abnormal cell growth around the neck or throat.
- Pancreatic cancer: Abnormal cell growth or tumors in the pancreas.
- Reproductive cancer: This includes testicular cancer in men and ovarian, uterine, and breast cancer in women as examples.
- Respiratory cancer: Abnormal cell growth in or around the lungs.
- Asthma: Muscle inflammation that makes it hard to breathe. This must have been diagnosed during or after service.
- Chronic bronchitis: This is a disease of the lungs that causes a chronic cough.
- Chronic obstructive pulmonary disease (COPD): A lung disease that restricts airflow and makes breaking difficult.
- Chronic rhinitis: A constant stuffy, sneezing, or dripping nose.
- Chronic sinusitis: A constant swelling and pressure in your sinuses.
- Constrictive bronchiolitis or obliterative bronchiolitis: Inflammation in your lungs.
- Emphysema: A lung disease that makes you feel breathless.
- Granulomatous disease: A condition where white blood cells cannot fight off infections.
- Interstitial lung disease (ILD): A group of disorders that cause scarring in the lung tissue.
- Pleuritis: A condition where the pleura, the tissue in your lungs, gets inflamed.
- Pulmonary fibrosis: A condition where lung scarring makes it difficult to breathe.
- Sarcoidosis: A condition where your immune system overreacts and creates lumps or nodules in your body.
It’s not uncommon for veterans who were exposed to toxic conditions to develop multiple conditions that make it hard to breathe, fight infections, and live a healthy life.
How To File a Claim
If you are a veteran who developed one of the presumptive conditions on this list, take steps to file a claim to cover your treatment and care. Here’s how you file a claim:
- Pull your military records: These will prove that you served and qualify for benefits.
- Gather your medical documents: Pull together your medical history to prove that you developed one or more of these presumptive conditions after serving.
- Track your medical bills: Consider the cost of your conditions, along with lost wages and reduced quality of life.
- Check if you’re eligible: Give your legal team your essential information to see if you qualify to file a claim. We might be able to help you through the process.
The more information you have, the better. This will help you make a strong case to receive benefits through the PACT Act.
How To File a Lawsuit
If your PACT Act claim is denied, you may be able to file a lawsuit to receive compensation for toxic exposure during your military service. Here are the steps you can take.
- Save any communication from the VA: This way a lawyer can review why your claim was denied.
- Work with an experienced lawyer: The right representation can help you get the compensation you deserve.
- Provide as much documentation as you have: Your legal team can build a strong case with any medical records or military information you provide.
You don’t have to be a legal expert to file a lawsuit to receive the benefits you deserve. Instead, hire the right team to lead the process.
Can Surviving Family Members File a Claim?
Surviving members can file claims through the PACT Act. You may qualify for a monthly VA Dependency and Indemnity Compensation (VA DIC) payment or a one-time accrued benefits payment if the veteran was owed benefits when they died. You also might qualify for a survivor’s pension.
Complete the process to submit a claim and gather the military records and medical documents related to your loved one. You could get the support you need through the PACT Act.
Disability Benefits Related to Camp Lejeune
One part of the PACT Act is the Camp Lejeune Justice Act (CLJA) which provides compensation for service personnel, their families, and civilian employees who worked at Camp Lejeune between 1953 and 1987. During that period, the water in the area was contaminated by toxic substances, leading to thousands of cancer diagnoses and conditions.
People affected by the water at Camp Lejeune can apply for compensation through the CLJA subsection of the PACT Act, and use the list of presumptive conditions during the claiming process. Even though some of the claims are from people who did not serve and the exposure occurred outside of a warzone, the military was still responsible for the conditions that people who lived and worked on base developed. Learn more about Camp Lejeune and the claims process to cover specific health issues.