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News / Politics

Vets see historic growth in benefits for toxic exposure

New law nears its first anniversary

By CHRIS MEGERIAN, Associated Press
Published: August 6, 2023, 3:40pm
2 Photos
Danielle and Brielle Robinson -- the wife and daughter of Sgt. 1st Class Heath Robinson, who died of cancer two years ago -- watch as President Joe Biden signs the PACT Act on Aug. 10, 2022, in Washington.
Danielle and Brielle Robinson -- the wife and daughter of Sgt. 1st Class Heath Robinson, who died of cancer two years ago -- watch as President Joe Biden signs the PACT Act on Aug. 10, 2022, in Washington. (Evan Vucci/Associated Press files) Photo Gallery

WASHINGTON — Nicole Leger always thought of the burn pits at military bases in Afghanistan as more like campfires than health hazards. Ordered to dispose of sensitive documents, she would toss the paperwork into the flames while catching up with fellow soldiers, moments of quiet bonding that provided a respite from her riskier work as a hastily trained medic for the U.S. Army.

“We really didn’t see that it was dangerous at the time,” she said. “It was just part of the mission.”

But then her sinus problems began, only worsening after she returned home, where she sometimes found herself gasping for breath at night. She remembered thinking, “This wasn’t who I was before I got in.”

Although Leger already received disability benefits for post-traumatic stress, migraines and a hip fracture, it wasn’t until President Joe Biden signed legislation known as the PACT Act last year that her monthly payments expanded to take into account the impact of the burn pits. Now 34 years old, Leger and her fiancé have moved out of a cramped townhouse and into a larger home in a suburb of Tampa, Fla., where their four children can each have a bedroom.

“I still wake up pinching myself,” she said.

Leger is one beneficiary of the largest expansion of veterans assistance in decades, and the administration is racing to sign up as many people as possible as the first anniversary of the law approaches. Although there’s no deadline to apply, anyone who files a claim or simply signals the intent to do so by Wednesday could collect payments retroactive to last year if the claim is approved.

Under the law, certain cancers and ailments are presumed to be connected to the burn pits that were used to dispose of trash and potentially toxic materials. For veterans who served during the Vietnam War, hypertension and other conditions were added to the list of problems presumed to be caused by exposure to Agent Orange, which was used by the U.S. military to clear vegetation.

Biden will mark the law’s anniversary at a Veterans Affairs hospital in Salt Lake City on Thursday.

According to administration statistics, the Department of Veterans Affairs has received nearly 786,000 disability claims under the PACT Act, processed almost 435,000 and approved more than 348,000.

About 111,000 veterans who are believed to have toxic exposure have enrolled in VA health care since the law was enacted. In addition, more than 4.1 million veterans have completed toxic screenings, which are questionnaires to analyze their potential exposure and determine whether additional tests are required.

Implementing the legislation has proved challenging for the VA despite hiring new staff to accommodate a historic influx of claims. The backlog is about 266,000, meaning waits of at least four months for claims to be processed, and the list is expected to grow to 450,000 in October and 730,000 in April. During a recent oversight hearing. Sen. Thom Tillis, R-N.C., expressed concern about “bad trends.”

Veterans Affairs Secretary Denis McDonough said his agency is using new technology to process claims faster.

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