VA updates PACT Act benefits regulations
The Department of Veterans Affairs (VA) is updating outdated benefits regulations for toxic-exposed veterans with constrictive bronchiolitis, paving the way for more of them to receive an accurate disability rating. The change was among those The American Legion has advocated for, including this past summer when they held a panel discussion related to the PACT Act.
“This is an example of The American Legion’s commitment to veterans,” American Legion National Commander James A. LaCoursiere Jr. said. “We fought long and hard for the PACT Act to become law. But the fight didn’t stop there. We’ve been continuing to work on behalf of our nation’s veterans to ensure that VA is carrying out what Congress and the president made the law of the land. We’re thankful for our allies in Congress and VA who made this necessary change a reality.”
Senate Veterans’ Affairs Committee Chairman Jon Tester, D-Mont., Ranking Member Jerry Moran, R-Kan., House Veterans’ Affairs Committee Chairman Mike Bost, R-Ill., Ranking Member Mark Takano, D-Calif., and Sen. Kirsten Gillibrand, D-N.Y., played critical roles to ensure the PACT Act is being implemented the way Congress intended and veterans deserve.
In April, Tester and Gillibrand called on VA, which announced its decision on Sept. 11, to expedite its regulations updates for constrictive bronchiolitis to ensure these toxic-exposed veterans could receive the health care and benefits they earned.
“Toxic-exposed veterans have waited decades to receive the benefits and health care the PACT Act provides, and it’s critical VA is implementing the law the way veterans need and deserve,” Tester said. “That means fixing outdated processes standing in the way of veterans and their newly expanded benefits.”
LaCoursiere credited the senators with their leadership.
“The American Legion is pleased that VA is updating outdated benefits regulations for toxic-exposed veterans with constrictive bronchitis,” he said. “The Legion has long been a vocal advocate for this change and argued for it during a panel discussion held in the House Veterans’ Affairs Committee Room in July. Toxic-exposed veterans have suffered for too long, and this change with pave the way for veterans to receive an accurate disability rating and give them the support they need. We applaud Senator Gillibrand and Senator Tester for their leadership on this issue.”
VA will update its VA Schedule for Rating Disabilities regulations for toxic-exposed veterans with constrictive bronchiolitis and add additional criteria to evaluate these veterans during their disability rating examinations. These actions will make it easier for veterans to receive an accurate disability rating for their service-connected constrictive bronchiolitis.
Named after Sergeant First Class Heath Robinson who died in 2020 from toxic exposure as a result of his military service, the PACT Act provides health care for post-9/11 combat veterans, creates a framework for the establishment of future presumptions of service connection related to toxic exposure, expands VA’s list of health conditions presumed to be caused by toxic exposures, which opens the door to additional benefits for veterans, and improves resources to support claims processing.
Danielle Robinson, Heath’s widow, was among the speakers at the Legion’s PACT Act panel on Capitol Hill in July. Another panelist, Army veteran Cynthia Daniels, discussed having to leave her career as a Wilmington (Del.) police officer due to constrictive bronchiolitis, and autonomic nervous system illnesses, which developed from her exposure to burn pits and toxic exposure during her deployment during the Iraq War.
She expressed gratitude that her doctor diagnosed her condition but called for all veterans to receive proper screening.
“I am very grateful for the PACT Act but more work needs to be done,” she said. “I am glad that we are talking about that here today.”