New Bill Demands VA Reveal Hidden List of Toxic Exposure Illnesses: What Veterans Need to Know

New Bill Demands VA Reveal Hidden List of Toxic Exposure Illnesses: What Veterans Need to Know

For years, veterans exposed to toxins during their service have fought for recognition and benefits for the illnesses they developed as a result. Now, a new bill is demanding transparency from the Department of Veterans Affairs (VA) regarding the list of toxic exposure illnesses under consideration. This development could be a game-changer for veterans seeking the care and compensation they deserve.

The Core Issue: VA’s “Secret List”

Lawmakers are pushing the VA to disclose the toxic exposure illnesses that the agency is studying behind closed doors. Many believe the VA has been operating without transparency, leaving veterans in the dark about whether their conditions qualify for care and benefits.

Introducing the Presumptive Clear Legal Assessment and Review of Illnesses from Toxic Exposure Yields (CLARITY) Act

U.S. Senate Veterans’ Affairs Committee Ranking Member Richard Blumenthal (D-CT) introduced the Presumptive Clear Legal Assessment and Review of Illnesses from Toxic Exposure Yields (CLARITY) Act in early November. If passed it would require the VA to establish a public website to educate veterans exposed to toxins on processes the agency uses to determine which conditions are correlated with military toxic exposures. The website would theoretically be updated if the VA adds or removes exposures or conditions, and would provide veterans input as such a website currently doesn’t exist.

The PACT Act: A Step in the Right Direction

In 2022, the Honoring Our Promise to Address Comprehensive Toxics (PACT) Act was signed into law, marking a significant expansion of benefits for veterans exposed to toxic substances. The PACT Act expanded VA health care eligibility to post-9/11 combat veterans, added over 20 new presumptive conditions related to burn pits and toxic exposures, and expanded presumptions related to Agent Orange exposure.

PACT Act and Expansion of Benefits

The Act grants permanent Department of Veterans Affairs (VA) healthcare eligibility to 3.5 million post-9/11 veterans. The PACT Act also adds more than 20 new presumptive service-connected illnesses related to exposure to burn pits and other toxic substances for veterans who served in Iraq, Afghanistan, and surrounding areas.

Health Care Expansion

As of March 5, 2024, all veterans who were exposed to toxins and other hazards while serving the country — at home or abroad — are eligible to enroll directly in VA health care without first applying for VA benefits.

Presumptive Conditions

The PACT Act also added more than 20 burn pit and other toxic exposure presumptive conditions. These cancers are now presumptive: Brain cancer, Gastrointestinal cancer of any type, Glioblastoma, Head cancer of any type, Kidney cancer, Lymphoma of any type, Melanoma, Neck cancer of any type, Pancreatic cancer, Reproductive cancer of any type, Respiratory (breathing-related) cancer of any type.

What This Means for Veterans

The PACT Act has significantly streamlined the process for veterans to receive care and benefits for toxic exposure-related illnesses. By establishing presumptive conditions, the VA now assumes that certain diseases are service-connected, reducing the burden on veterans to prove the link between their illness and their service.

Understanding Toxic Exposure and Its Impact

Toxic exposure during military service can lead to a range of health conditions, including cancers, respiratory issues, and neurological damage. Veterans may have been exposed to various hazards, including:

  • Burn Pits: Common during the Gulf War and other deployments, burn pits released toxic fumes from burning waste materials like plastics and medical supplies.
  • Agent Orange: Used during the Vietnam War, this herbicide has been linked to various cancers and other health problems.
  • Contaminated Water: Military bases like Camp Lejeune are infamous for water contamination by chemicals such as TCE, PCE, and benzene.
  • Radiation: Exposure to radiation from nuclear weapons, X-rays, and depleted uranium can lead to serious health issues.
  • Hazardous Chemicals: Exposure to hazardous chemicals and materials can also lead to disability.

Filing a VA Disability Claim for Toxic Exposure

Filing a VA disability claim for toxic exposure can be complex, but following these steps can help simplify the journey:

  1. Gather Evidence: Collect all relevant medical and service records and any documentation supporting your toxic exposure claim.
  2. Submit the Claim: You can submit claims via the VA’s online portal, by mail, or in person at a VA regional office.
  3. Provide Proof of Exposure: Veterans must provide evidence that they were exposed to toxic substances during their service.
  4. Provide Medical Documentation: Veterans must submit medical records that link their current condition to the exposure.

Resources and Support for Veterans

  • VA Health Care: Veterans can access toxic exposure screenings and specialized care at VA health facilities across the country.
  • Veterans Crisis Line: If you are experiencing a crisis, you can call 988 (Press 1), text to 838255, or chat online.
  • VA.gov: The VA website provides comprehensive information on benefits, healthcare, and resources for veterans.

Seeking Legal Assistance

Navigating the VA claims process can be challenging, especially in complex cases involving toxic exposure. Consider seeking assistance from a qualified attorney specializing in veterans’ disability claims. An attorney can help you gather evidence, build a strong case, and represent you in appeals if necessary.

The Road Ahead

The fight for transparency and accountability regarding toxic exposure illnesses is far from over. By staying informed, advocating for change, and seeking the support they deserve, veterans can continue to push for a system that recognizes and addresses the health consequences of their service.