2022 was a special year for US veterans. President Joe Biden gladly signed the Promise to Address Comprehensive Toxics or PACT Act so that veterans’ health benefits may become more expansive.
Doctors like David Bittleman even shared stories of how the PACT Act helped change their patients’ lives. An example is that of Vietnam War Navy veterans who suffered from rare breast tumors. Some cases would only manifest themselves as diabetes or high blood pressure before a full-blown cancer diagnosis is made.
Earlier, there may have been no concrete provisions or benefits. The PACT Act is said to have altered it all. How beneficial has it been and are there any limitations that still need to be addressed? In this article, we will discuss this Bill in light of whether it served or failed our troops so far.
Significance of the 2022 PACT Act
The PACT Act was heralded to be the one that became a major turning point in veterans’ lives. This Bill was passed to ensure that generations of veterans along with their surviving family members could avail of the benefits that they deserve.
How does the Bill fulfill that? By accommodating injuries military servicemen may sustain during their tenure of service. The injuries should be a result of any toxic substances that veterans may be exposed to while on duty. Let’s look at the different areas that the PACT Act of 2022 covered to offer fair compensation and justice.
Agent Orange
The name refers to a toxic herbicide manufactured by the US military between 1962 and 1971. This herbicide was used during the Vietnam War to clear dense foliage that offered the opponent troops cover from the US bases.
More than 11 million gallons of the toxic substance were sprayed over 20 million acres of land. This includes 3 gallons per acre of undiluted form of Agent Orange. Though production was stopped in the 1970s, the aftermath was gruesome, to say the least.
The Cleveland Clinic shares that over 400,000 Vietnamese people’s lives were altered forever. This incident even led to the death of over 300,000 US veterans. Those who survived developed debilitating disabilities, Parkinson’s disease, hypothyroidism, Hodgkin’s disease, and more.
Until the PACT Act, veterans had no concrete way to seek any benefits from the government. The PACT Act allowed them to receive disability benefits and compensation, provided their condition was recognized by the Veterans Affairs among presumptive diseases.
Camp Lejeune
This incident goes down in US history as the worst-ever case of water contamination. The outbreak took place between 1953 and 1987 in the North Carolina Marine Corps base of Camp Lejeune. An estimated one million veterans and civilians residing across the base consumed water contaminated with volatile organic compounds (VOCs).
Under the Obama administration, Camp Lejeune victims were offered free medical care for their illnesses. These included leukemia, multiple myeloma, non-Hodgkin’s lymphoma, and more. Despite the care provided, victims could not receive any legal justice or compensation.
The PACT Act included the Camp Lejeune Justice Act under which the Federal government dropped its sovereign immunity. It meant that injured veterans serving across the Camp Lejeune base were eligible to file an administrative claim followed by a lawsuit. The statute of limitations for this litigation is about to end in August 2024.
PFAS
Short for per- and polyfluoroalkyl substances, PFAS are a complex class of chemicals formed by a carbon and fluorine bond. In commercial use since the 1960s, these chemicals became an important ingredient in manufacturing non-stick cookware and firefighting foam.
The Class B foam used to put out fires that break due to liquid fuels became a major part of the firefighting industry for decades. Military members, particularly those of the Navy, along with firemen had no idea of how toxic the chemicals were.
In the 2000s, concerns surrounding PFAS rose and they were termed as carcinogenic to humans. This would only age like milk. According to TruLaw, firefighters and military personnel developed cancer of the kidneys, testicles, and bladder.
Since the PACT Act includes toxic substances like PFAS, veterans could receive disability benefits and compensation. Thousands of them filed a lawsuit against PFAS manufacturers like 3M and DuPont.
The latest AFFF lawsuit update is that all personal injury cases are awaiting trials and settlements. The litigation is progressing well and attorneys expect to have a global settlement amount soon.
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Oversights in Terms of Long-Term PFAS Implications
The PACT Act has certainly achieved much in terms of providing veterans with a means to receive deserved benefits. However, some believe that it fails to address the threats associated with emerging contaminants like PFAS comprehensively.
Until now, 23 health conditions have received the presumptive service connection under PACT. Nonetheless, the same status is not afforded to diseases caused as a result of chronic PFAS exposure, including prostate and thyroid cancer.
It is also believed that a legislative proposal to establish a PFAS registry was originally incorporated into the PACT Act. The same was no longer a part of the Bill’s final draft. Unless a broader role is played by the Federal government and local authorities, it is unlikely that the enduring threats will be addressed.
Policymakers can still choose to amend the PACT Act and expand VA coverage so that enduring implications are taken care of.
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A Recent Tragedy
In line with our discussion, a recent PFAS-related disaster occurred at the Alaska Army National Aviation Facility in Bethel. A fire suppression malfunction led to a massive spillage of toxic chemicals.
The release was reported immediately and contained using relevant protective equipment and response supplies. A day after the incident, it was observed that AFFF had seeped into the building’s blackwater system.
It is being said that the threat to groundwater is extremely low. However, thorough sample testing will be conducted by a PFAS-trained contractor before further updates are given. Until then, the environment team will keep an eye on the site for any future impacts.
Suppose injuries come to light with time, and many of these are enduring implications of PFAS. The question of the hour is whether PACT would cover such veterans. As of now, the answer is no but it may happen if future amends take place.
Overall, the PACT Act has had a positive effect on veterans and their survivors’ lives. Over $1.85 billion in earned benefits have been delivered by the Veterans Affairs via the PACT Act.
In areas that the Bill is still wanting, future amendments are still a ray of hope. If changes occur, even veterans with enduring complications will find the relief they need and deserve.
