Veterans exposed to burn pits, Agent Orange, and other toxic substances now have expanded access to VA health care and benefits for themselves and their families. These changes were made possible through the PACT Act — officially called the Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act.
The PACT Act (effective August 10, 2022) added many respiratory illnesses and cancers (e.g., head, reproductive, gastrointestinal, lymphatic cancers; COPD, asthma, sarcoidosis) as presumptive service-connected conditions for Veterans exposed to burn pits, Agent Orange, radiation, and other toxins.
What Does This Mean for the Survivors and Families of an Affected Veteran?
The PACT Act significantly expanded survivors’ access to VA benefits by increasing presumptive conditions, widening exposure locations, and enabling re-evaluation of prior denials. If a Veteran’s death can be linked to these conditions, exposure location, and timelines — as per VA definitions — the death may be classified as service-connected, a classification that makes it easier for survivors to qualify for Dependency and Indemnity Compensation (DIC), even if a claim was denied previously.
Survivors whose DIC claims were previously denied can now reapply or request re-evaluation under the PACT Act's expanded presumptions — even if the Veteran died years ago. With the broader list of presumptive locations/dates, many more families are eligible than previously recognized. If you’re not sure whether your Veteran would qualify under the newly-expanded circumstances, reach out to the VA, a VSO or a Casualty Assistance Office at your nearest military installation.
In addition, the PACT Act requires the VA to provide a toxic exposure screening to every Veteran enrolled in VA Health Care. All Veterans, whether or not they were exposed to toxic substances, can also receive care and treatment of their service-connected conditions at the VA at no cost to them. Eligible survivors or dependents of Veterans who experienced service-connected injury, illness, or disease, or who would have been under PACT Act presumptions may also qualify to receive Civilian Health and Medical Program of Veterans Affairs (CHAMPVA) healthcare.
Available Benefits for Survivors
The changes to the PACT Act affect several benefits available to survivors of impacted Veterans, including:
Dependency and Indemnity Compensation (DIC)
DIC is a monthly tax-free entitlement for an eligible surviving spouse, children (under 18, or under 23 if in school), and parents of Veterans whose death is service-connected. To qualify for spousal support, you must have been married to the Veteran at the time of death as well as either married within 15 years of discharge, married for at least one year, or have had a child with the Veteran.
Burial Benefits
This benefit offers flat-rate reimbursements and allowances for some expenses toward burial costs, plot/interment, transportation, plus memorial items (headstones and markers) for eligible survivors.
Survivors’ Pension
This benefit is designed to help low-income surviving spouses or children of wartime Veterans — even if the death was not service-connected. However, some survivors currently receiving the pension may qualify for the higher flat-rate DIC instead under PACT Act conditions.
Survivors may also qualify for VA-backed home loans, education/training benefits, burial memorial items, and possibly special monthly compensation if applicable.
Not Sure What to Do from Here?
Work with an accredited Veteran Service Organization (VSO) or contact the VA directly for assistance. These professionals are trained and certified in the successful VA claims and appeals processes and will have access to VA records for the Veteran. Filing benefit claims based on toxic exposures can be complex.
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