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Deadline approaching for veterans exposed to toxins to file VA claims

Window for backdated claims closes Wednesday

FILE - An Afghan National Army pickup truck passes parked U.S. armored military vehicles, as smoke rises from a fire in a trash burn pit at Forward Operating Base Caferetta Nawzad, Helmand province south of Kabul, Afghanistan, April 28, 2011. The deadline for veterans to file a backdated claim of injury through exposure to toxins is approaching. (AP Photo/Simon Klingert, File)
Simon Klingert/ Associated Press file
FILE – An Afghan National Army pickup truck passes parked U.S. armored military vehicles, as smoke rises from a fire in a trash burn pit at Forward Operating Base Caferetta Nawzad, Helmand province south of Kabul, Afghanistan, April 28, 2011. The deadline for veterans to file a backdated claim of injury through exposure to toxins is approaching. (AP Photo/Simon Klingert, File)
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Veterans who were potentially exposed to burn pits or toxic chemicals like Agent Orange have until Wednesday to register with the Department of Veterans Affairs if they want to take advantage of a limited opportunity provided under a new law.

The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act, or PACT Act, set a date of August 9 for veterans potentially exposed to hazardous chemicals to apply for benefits and have their claim backdated to August 2022, when the law was signed by President Biden.

“When Congress passed the PACT Act last summer, it marked the biggest expansion of veterans benefits in history. But now we need every one of the five million eligible veterans who haven’t done so yet to take the steps to apply for these benefits. I’m encouraging every vet to sign up, to get a toxic exposure screening. This will ultimately mean better care and a lot of lives saved,” U.S. Rep. Seth Moulton told the Herald.

In describing the PACT Act, Moulton, a Democrat from Salem who served in the U.S. Marine Corps, mirrors the language used by the VA. According to the Department, the Act is “perhaps the largest health care and benefit expansion in VA history” and will allow veterans to apply for VA benefits with the assumption that certain health concerns were caused by their exposure to toxins.

Veterans of the Vietnam and Gulf Wars and those serving in certain countries after 9/11 are covered by the PACT Act, and more than 20 medical conditions and dozens of cancers now qualify as presumptive conditions, meaning the VA will automatically assume they come about as a result of someone’s service time.

Open air burn pits were frequently used to dispose of waste on overseas military installations during the wars in Iraq and Afghanistan. Toxic chemicals contained in burned materials are thought to be responsible for a range of health issues, including severe respiratory illnesses and several rare forms of cancer. According to estimates by the Department of Defense, more than 3.5 million American servicemembers may have been exposed to toxic fumes caused by burning waste at some point in their military careers.

Patrick Murray, director of national legislative service for the Veterans of Foreign Wars, says that while more than 10,000 veterans have used his group’s information site on the PACT Act for assistance signing up already, that still leaves millions who haven’t yet but should, even if they aren’t sure they were exposed to a burn pit or other toxin during deployment.

“Burn pits are just the most prominent example of toxic exposure. The environmental hazards of service in Iraq and Afghanistan include the smoke from military and civilian waste fires, particulate matter inhalation (dust and silicate), grey and black water exposure, and other exposures in areas around the world such as (Uzbekistan), countries in Africa and the middle east,” Murray said.

“If anyone has toxic exposure related conditions they should apply and submit an Intent to File prior to the deadline. If the conditions are granted as service connected for toxic exposure they will be given the backdate of August 9, 2022. Even if a veteran does not believe they have conditions caused by toxic exposure, such as tinnitus or PTSD, they should still submit an ITF as soon as possible to preserve the earliest effective date,” he continued.

According to the Biden Administration, the VA has received nearly 786,000 disability claims under the PACT Act and has already processed almost 435,000 and approved more than 348,000.

About 111,000 veterans who are thought to have been exposed to burn pits have been enrolled in VA health care since the law was enacted last year, and more than 4.1 million veterans have completed screenings with the VA since then.

There is no expiration date by which veterans must have applied for benefits, but claims will not be backdated after August 9. For more information on how to file a claim or to learn which locations and conditions qualify for benefits, visit https://www.va.gov/resources/your-intent-to-file-a-va-claim/ or call 1-800-827-1000 Monday through Friday from 8 a.m. to 9 .m.

Herald wire service contributed.

Tim Houser, a Desert Storm veteran, attends a demonstration for the PACT act outside the U.S. Capitol Building on August 02, 2022 in Washington, DC. (Photo by Anna Moneymaker/Getty Images)
Tim Houser, a Desert Storm veteran, attends a demonstration for the PACT act outside the U.S. Capitol Building on August 02, 2022 in Washington, DC. (Photo by Anna Moneymaker/Getty Images)
Rep. Seth Moulton (D-MA) speaks outside the U.S. Capitol Building in November 2021. (Photo by Anna Moneymaker/Getty Images)
Rep. Seth Moulton (D-MA) speaks outside the U.S. Capitol Building in November 2021. (Photo by Anna Moneymaker/Getty Images)