“The PACT Act is one of the largest, most significant increases of federal benefits for veterans in decades,” said Greene County Veterans Services Executive Director Tim Espich.
As part of the PACT Act, every veteran enrolled (or eligible to enroll) with the Veterans Healthcare Administration is eligible for an initial toxic exposure screening and a follow up screening every five years. The legislation expands disability funding and “presumptive condition” classifications for a host of cancers and other ailments, including emphysema, pulmonary fibrosis, COPD, and others.
Veterans previously told the Dayton Daily News that the Veterans Affairs system has historically placed an undue burden of proof on veterans that served in other Southeast Asian countries to demonstrate they were harmed by Agent Orange, in some cases asking for photographs or other evidence. Veterans who served physically in Vietnam or in the Navy had no such burden.
“If you set foot on a land mass (in Vietnam), you’re entitled to a presumption” that you have been exposed to herbicides, Rhode Island attorney Robert Chisholm told the Dayton Daily News last year.
Veterans that served in Thailand, as well as other Southeast Asian countries like Laos, Cambodia, Guam or American Samoa, and the Johnston Atoll will now have that presumption, as well as Gulf War and post-9/11 veterans who served in Afghanistan, Syria, Yemen, Iraq, Somalia, Saudi Arabia, and a host of other countries.
However, one of the biggest problems in his office, Espich said, is some local veterans, particularly retirees, are unaware of what benefits they’re able to get. Greene County particularly has a large retiree population, many of whom can use medical facilities at Wright-Patterson Air Force Base, rather than going through the Dayton VA.
By getting their healthcare through retirement, retired vets often view their benefits and benefits from the VA as separate entities, Espich said, potentially leaving money on the table.
“When we run into (veterans) in local places, we say, ‘Hey, can we talk about your benefits?’ and they say, ‘I don’t need anything from you,’ ” he said.
However, if a retiree has a service-connected disability, they may be able to get both their retirement healthcare and additional healthcare funds through the VA.
“If you’re service-connected at 40% for those disabilities or less, the VA gives you a check that they reduce your retirement by an equal amount, and the VA check is just tax-free,” Espich added. “But if you’re 50% or greater, they don’t touch your retirement and the VA check is above and beyond.”
Perhaps more importantly, Espich said, if the veteran eventually dies and their death is related to their military service, their surviving spouse can get a benefit. The VA is currently accepting claims for the new presumptive conditions outlined in the PACT Act. Surviving spouses of veterans who died of toxic exposure are also eligible to file claims, Espich said, and veterans who filed claims previously but were denied should file again.
The federal government is still ironing out exactly how the PACT Act works in some cases.
“There are going to be massive lawsuits related to how they’re going to resolve some of those issues,” Espich said. “And there are certain strategies for someone that filed in the past that we can work towards that may make it more likely for them to receive some of those benefits.”
The process is highly individualized, Espich said, and the best course of action is to connect with a local Veterans Affairs office to determine what exactly is right for each veteran’s case.
“The most important thing is (veterans) need to research and find out about their benefits, and the best way to do that is to contact us, make an appointment, come in and learn about the benefits in our office,” he said.
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