FAYETTEVILLE -- A federal law passed last year makes medical care and possibly additional benefits available to military veterans exposed to toxins from burn pits, Agent Orange and other toxic substances during their service.
Veterans Health Care System of the Ozarks is trying to get the word out so area veterans can sign up.
Congress passed the bipartisan Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics Act, otherwise known as the PACT Act, on Aug. 2. Its purpose is to provide veterans exposed to toxins while in the service with easy access to the care they deserve.
"We have veterans who are receiving care in the VA but not necessarily service connected to toxic exposures," said George Velez, director of the health care system. "So the first round is that we want to do an evaluation of all of our veterans that we're currently treating. The concern we're having is for those veterans who are not receiving care at this time, for whatever reason that may be. A lot of people served in the military for four, six, eight years and they separate and never gave a second thought to go to the VA."
Veterans Health Care System of the Ozarks treats veterans from Springfield, Mo., to Fort Smith to Jay, Okla.
"If you draw a circle around it, that's our attachment area," Velez said. "We have about 55,000 veterans that we care for."
Velez said many veterans, after leaving the service, incorporated themselves in their local communities where they have access to other health care through employer insurance.
"But understand, this is a benefit that they have earned from their military service and we have to do our due diligence to ensure that we are getting this information out and provide them that opportunity to apply," Velez said. "They might get some compensation, money. It provides access to health care from the VA. If there's a widow or widower, it might be compensation for their survivors."
The PACT Act directs the VA to presume certain respiratory illnesses and cancers were related to burn pits or other toxic exposures. This takes the burden of proof off the veteran, allowing them to obtain disability payments to compensate for their injury without having to show the illness was a result of their service.
Before the PACT Act, the VA denied roughly 70% of disability claims related to burn pit exposure due to lack of evidence, according to the U.S. Department of Defense.
The law also increases the period veterans who may have been exposed have to register in VA health care.
Anyone who's not sure whether they qualify can go to any VA facility, the Medical Center in Fayetteville or one of the community clinics, including Springfield and Fort Smith. They should request to sign up for the PACT Act. There's also a toll-free hotline they can call to apply: (877) 222-8387.
For veterans who sign up before Dec. 31, their benefits will be retroactive to August 2022, when the federal legislation was passed.
"What we recommend is when they call that number, they say that they want to submit an intent to file for the PACT Act," Velez said. "Once they log in the veteran's name in this national call center, they're already in line to be retroactive to August of 2022."
Velez said he thinks the health care system is the best medical provider because its entire focus is on veterans.
"I'm a veteran," Velez said. "I'm looking out for my brother and sister veterans."
Arkansas' 3rd District Rep. Steve Womack, 4th District Rep. Bruce Westerman and U.S. Sen. John Boozman supported the legislation. U.S. Sen. Tom Cotton ultimately voted in favor of the bill after opposing it during a previous vote.
"No veteran should be denied VA benefits for the illnesses they experience as a result of burn pits and other toxic exposures," said Boozman, a senior member of the Senate Veterans' Affairs Committee. "Senate passage of the Sergeant Heath Robinson PACT Act demonstrates our commitment to ensuring these veterans get the care and services they deserve and, just as important, that the VA has the capability to meet their needs."
Boozman delivered remarks on the Senate floor urging his colleagues to support the legislation.
"Just as the soldier's creed affirms never leaving a comrade behind, America's duty is to both honor the fallen and those who return with wounds of war," Womack said. "This amended bill allows our nation to responsibly live up to that promise. I'm proud to help deliver access to lifesaving care for the men and women who defended our nation and now face illnesses and hardships of their service."
Westerman championed inclusion of presumptive service connections for veterans who served in Vietnam and Thailand.
"Our United States veterans were promised upon their retirement from service that they would be provided benefits and care for life, but they have often been denied benefits despite ample evidence of a connection between their time in service and their health status," Westerman said. "It is our responsibility to make good on our word. Those who served during the Vietnam War in Vietnam and Thailand have earned care for exposure to Agent Orange, which they endured in service to our nation."
PACT Act
The Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics Act of 2022, or PACT Act, is a new law expanding VA health care and benefits for veterans exposed to burn pits and other toxic substances. The PACT Act was signed by President Joe Biden on Aug. 10. It adds the following new presumptions:
Gulf War and post-9/11 veterans
Burn pit and toxic exposure presumptive conditions
These cancers are now presumptive conditions:
Brain cancer
Gastrointestinal cancer of any type
Glioblastoma
Head cancer of any type
Kidney cancer
Lymphatic cancer of any type
Lymphoma of any type
Melanoma
Neck cancer
Pancreatic cancer
Reproductive cancer of any type
Respiratory (breathing-related) cancer of any type
These illnesses are now presumptive conditions:
Asthma that was diagnosed after service
Chronic bronchitis
Chronic obstructive pulmonary disease (COPD)
Chronic rhinitis
Chronic sinusitis
Constrictive bronchiolitis or obliterative bronchiolitis
Emphysema
Granulomatous disease
Interstitial lung disease (ILD)
Pleuritis
Pulmonary fibrosis
Sarcoidosis
Agent Orange
Other presumptive conditions:
Hypertension
Monoclonal gammopathy of undetermined significance (MGUS)
Five new locations have been added to the list of presumptive locations:
Any U.S. or Royal Thai military base in Thailand from Jan. 9, 1962, through June 30, 1976
Laos from Dec. 1, 1965, through Sept. 30, 1969
Cambodia at Mimot or Krek, Kampong Cham Province from April 16, 1969, through April 30, 1969
Guam or American Samoa or in the territorial waters off of Guam or American Samoa from Jan. 9, 1962, through July 30, 1980
Johnston Atoll or on a ship that called at Johnston Atoll from Jan. 1, 1972, through Sept. 30, 1977
Radiation presumptive locations
There are 3 new response efforts added to the list of presumptive locations:
Cleanup of Enewetak Atoll, from Jan. 1, 1977, through Dec. 31, 1980
Cleanup of the Air Force B-52 bomber carrying nuclear weapons off the coast of Palomares, Spain, from Jan. 17, 1966, through March 31, 1967
Response to the fire onboard an Air Force B-52 bomber carrying nuclear weapons near Thule Air Force Base in Greenland from Jan. 21, 1968, to Sept. 25, 1968
Source: va.gov