The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act is a significant expansion of healthcare and benefits for veterans exposed to toxic substances during their military service. 

This PACT Act legislation has many veterans wondering if PACT Act compensation is in addition to their existing VA disability benefits. The answer is yes, in most cases. PACT Act benefits are generally considered additive to VA disability compensation. This means that veterans who are eligible for both types of benefits can receive both, without one reducing the other.

Understanding PACT Act and VA Disability

PACT Act Benefits:

• The PACT Act expands the list of presumptive conditions for which veterans can receive VA healthcare and benefits without having to prove direct service connection. These conditions are now presumed to be caused by exposure to certain toxic substances during military service.
• The PACT Act also creates a new framework for establishing service connection for other health conditions that may be related to toxic exposure.
• Veterans who are eligible for PACT Act benefits may receive a variety of benefits, including:
  • Medical care: This includes preventive care, treatment for covered conditions, and mental health care.
  • Disability compensation: This is a monthly payment to veterans who have a service-connected disability.
  • Dependency and indemnity compensation (DIC): This is a monthly payment to the survivors of veterans who died from a service-connected disability.
  • Educational benefits: These benefits can help veterans pay for college, vocational training, or other educational programs.

VA Disability:

• VA disability compensation is a monthly payment to veterans who have a service-connected disability that is rated at least 10%. The amount of compensation is based on the severity of the disability and the number of dependents the veteran has.
• To be eligible for VA disability compensation, veterans must prove that their disability is more likely than not caused by their military service. This can be done by providing medical evidence, witness statements, and other forms of documentation.

How PACT Act and VA Disability Work Together

• In most cases, PACT Act benefits and VA disability benefits are considered additive. This means that veterans who are eligible for both types of benefits can receive both, without one reducing the other.
• For example, a veteran who is receiving VA disability compensation for a service-connected back injury may also be eligible for PACT Act benefits for a respiratory condition that is presumed to be caused by exposure to burn pits. The veteran would receive both the VA disability compensation for their back injury and the PACT Act benefits for their respiratory condition.

However, there are a few exceptions to this rule:

• Concurrent ratings: If a veteran is already receiving VA disability compensation for a condition that is also covered by the PACT Act, they may not be able to receive additional compensation for that condition under the PACT Act. This is known as a concurrent rating.
• Total disability individual unemployability (TDIU): Veterans who are rated as totally disabled individual unemployable (TDIU) by the VA may not be eligible for additional PACT Act benefits. This is because TDIU is a benefit that is intended to compensate veterans who are unable to work due to their disabilities, regardless of the cause of those disabilities.

It is important to note that this is a complex area of law, and the specific rules that apply to each individual veteran may vary depending on their unique circumstances.

How to Get Help

If you are a veteran who has been exposed to toxic substances during your military service, you should contact the VA to learn more about your eligibility for benefits under the PACT Act. You can also contact a veterans service organization for help filing a claim.

A VA benefits attorney can also help you with the benefits claims process – especially if you’ve already been denied benefits. Get in touch today to see if an attorney match is right for your situation.

Conclusion

The PACT Act is a significant expansion of healthcare and benefits for veterans exposed to toxic substances during their military service. In most cases, PACT Act benefits are additive to VA disability benefits, meaning that veterans can receive both types of benefits without one reducing the other.