Pact Act - a Short Guide for Veterans - VA Made Easy Podcast (Video)

 Posted on June 19, 2023 in Uncategorized

In this episode, you will learn what the Pact Act is, what is covered under it, and how you can use it to win your VA claim.

Audio only version:

VA Forms from this episode:

To describe your symptoms use Form 21-4138 https://www.vba.va.gov/pubs/forms/vba-21-4138-are.pdf
To allow the VA to obtain your medical records use Form 21-4142 https://www.vba.va.gov/pubs/forms/vba-21-4142-are.pdf
To provide new evidence after denial use Form 20-0995 https://www.vba.va.gov/pubs/forms/vba-20-0995-are.pdf
To apply for VA benefits for a new condition use Form 20-526EZ https://www.vba.va.gov/pubs/forms/vba-21-526ez-are.pdf

Full Transcript:

00:00:06:19 - 00:00:29:09
Hey, guys. Welcome to the VA made easy. Today we're going to talk about the Pact act that I'm sure many of you have heard of the pact. The received letter from the VA encourages you to file claim, but you're not quite sure what it does or how it works. So on this episode, I'm going to teach you about the pact that how you could use it to increase your VA disability rating.

00:00:29:11 - 00:00:56:16
The pact that mostly expands benefits for Gulf War or post-9-11 veterans. But it also makes it easier for Vietnam era veterans to obtain disability benefits. So stay tuned to the end of this episode. And I'll tell you, Vietnam vets, how the pact that helps you guys out as well. So several times a week I get a call from a client that goes something like this, Hey, I was exposed to burn pits in Iraq.

00:00:56:17 - 00:01:09:02
I want to file a claim under the pact that a client that's. That's great. Is happy to help you out with that. So what? Disability do you have an impact that What would it mean? What disability do I have?

00:01:09:02 - 00:01:17:05
And you know understand when I was in Iraq, they burned everything. I was constantly exposed to black smoke. I breathe that shit in every day.

00:01:17:06 - 00:01:40:15
Those guys I get it. I understand. I was in Iraq myself. I know about the burn pits, but what you're not understanding is in order to win the VA case, exposure to the burn pits itself is not enough. You have to have some sort of disability as well. So in other words, VA is not going to compensate you just because you're exposed.

00:01:40:16 - 00:01:45:10
You have to show that you also have a disability from it. So step one in your pact act claim,

00:01:47:06 - 00:02:08:08
figure out what disability you want, apply for. Now the pack that names 24 conditions or disabilities that the VA presumes are related to burn pits. 12 of these are cancers and 12 are mostly respiratory conditions. So asthma and bronchitis, COPD rhinitis, sinusitis, etc..

00:02:10:08 - 00:02:32:05
Normally, to get service connected, you need medical evidence showing that what you're applying for is really it's your service. So in other words, you need a doctor say, Oh, yeah, I think, you know, Joe's headaches are from his exposure to burn pits and explain why.

00:02:32:07 - 00:02:51:10
But what the Pact Act does is the Pact Act eliminates that step so you don't have to have medical evidence showing what you're applying for is related to the burn pits zones. It falls under that list of presumptive conditions.

00:02:51:10 - 00:02:55:19
if you don't have one of the conditions on the presumptive list, that's okay.

00:02:56:00 - 00:03:03:20
Patek still helps you out and you could still get VA disability benefits. It's just a little bit harder.

00:03:03:20 - 00:03:17:16
You're not completely out of luck. In fact, I have many clients who claim things from burn pits that are not on the presumptive list. If this is the case for you, you're going to need medical evidence to help back that up.

00:03:17:16 - 00:03:27:06
So you're going to need a doctor say there's a 50% chance that your condition is related to your exposure to burn pits.

00:03:27:06 - 00:03:32:08
And it's definitely possible, especially if you have scientific studies to back it up. So

00:03:32:08 - 00:04:08:08
step one and applying for the PACT Act, identify one of the presumptive conditions and you're going to want to obtain medical records showing you actually have that condition. The VA isn't going to take your word that you actually have the condition. You do need to produce some evidence. So what do you produce? Preferably medical records that say, yes, he has asthma, he has bronchitis, he has this cancer, something to show you have you don't have medical records or.

00:04:08:08 - 00:04:10:01
I've never been treated for it.

00:04:10:01 - 00:04:24:14
There's a couple of things you can do if that's that's the case. One, go see a doctor. Go try to get diagnosed for what you think the issue is and have that doctor put the diagnosis in your medical records.

00:04:24:14 - 00:04:35:13
Now, another thing you could do if you do not have medical records is you could describe your symptoms of what the disability is.

00:04:35:15 - 00:05:03:10
Now, this isn't the best way to go about it. Really. To have a strong case, you need some sort of medical evidence. But if you find it just impossible to know the doctor and you've never been diagnosed, you can described your symptoms and you want to do that on a VA form. 21 - 4138 That's just blank form.

00:05:03:12 - 00:05:12:03
You can write a statement on it and you know, I know this stuff up or I have trouble breathing or whatever it may be. And

00:05:12:03 - 00:05:27:01
if you're lucky, the VA send you to exam, you get diagnosed with that one, the presumptive conditions and you get subtracted. But like I said, get those medical records. Step one get figure out your diagnosis and get evidence of it.

00:05:27:01 - 00:05:33:18
if you can't get your medical records, that's fine. Did you know that the VA has something called the duty to assist?

00:05:33:18 - 00:05:45:16
So if you get treated at a VA facility, the VA can get those records on your behalf. If you give them permission to. And I'll talk a little bit more about that later on.

00:05:45:18 - 00:06:04:19
If you want a private doctor, they'll also get those records for you. Just a little bit more involved. You got to give them VA form 2141 42 Alpha. So complete that form if you want to a private doctor, you want the VA to get your records on their behalf.

00:06:04:19 - 00:06:07:13
You can find on Google, you can find VA gov.

00:06:07:13 - 00:06:09:10
It's pretty straightforward form

00:06:09:10 - 00:06:37:11
Also something I forgot to mention the VA is providing these free toxic exposure screenings. So if you've never been diagnosed, you know, feel free to sign up for one of these toxic exposure tests at your nearest VA facility. They'll give you indication if you had any of the presumptive conditions.

00:06:37:11 - 00:06:43:00
So first thing the pack that does for you go for processing.

00:06:43:02 - 00:06:47:10
And that is it presumes certain conditions are related to burn pits.

00:06:47:10 - 00:07:17:00
next. It also presumes you're exposed to burn pits. So before the pact that you would actually have to tell the VA, I was stationed in this place and this is where the burn pit was. And if the VA had that burn pit on their list, then they would deny the claim, saying there's no proof of burn pit unless you had some sort of video evidence or photographic evidence or a witness backing up your claim.

00:07:17:02 - 00:07:35:02
And they would still deny, you know, the VA. They deny for the stupidest reasons ever. I mean, have these people disabled claims? Don't know what a burn pit is anyways, it presumes if you're located in any of these locations and screen

00:07:35:02 - 00:07:44:19
on or after August 2nd, 1990, or any of these locations on or after September 11th, 2001, that you are exposed to burn pits.

00:07:44:21 - 00:08:01:09
And it presumes that if you were in the air above any of these countries, you also presumed so you flew above the airspace in Iraq. Guess what, guys? You were exposed burn pits presumptively per impact act. Okay.

00:08:01:09 - 00:08:15:12
something to keep in mind, even though you are now presumed to have been exposed, burn pits, go ahead and tell the VA where and when you're stationed.

00:08:15:14 - 00:08:47:00
Just don't presume that this information's in your records and in VA, for Christ's sake. So you use VA form 2148. Just write a simple one or two sentences. I was stationed at Camp Liberty for mail five to mail six. I was at t q from mail six to mail seven, wherever it may be. Just know just so they could verify the information and you're good to go.

00:08:47:00 - 00:08:59:17
one, you have medical evidence of one of the presumptive conditions. Two, you served at the right time and the right place. So you're presumed exposed to burn pits. Now, what do you do? Good question. So the parents

00:08:59:17 - 00:09:04:13
So you applied before and been denied. What you're going to file is a supplemental claim

00:09:04:13 - 00:09:16:00
and you're going to file that using V.A. form 20 20995. Again, guys, all these forms are available on Vanguard, Google.

00:09:16:02 - 00:09:18:14
If you email me, I'll email them to

00:09:18:14 - 00:09:31:20
the area you want to pay attention to are the boxes that ask you what your specific issue is. So what the VA is asking you here is what disability were you previously denied and what do you want them to review?

00:09:31:20 - 00:09:45:03
So if you're denied service connection for asthma, your your issue is going to be denied service guys for asthma or whatever a disability or disagreeing with the date of the VA decision.

00:09:45:03 - 00:09:47:06
Notice that's the date

00:09:47:06 - 00:09:50:04
of the last decision which you were denied service connection.

00:09:50:04 - 00:09:54:16
So not filing a supplemental claim involves submitting new and

00:09:54:16 - 00:10:11:15
relevant evidence. That means you need to submit evidence that the VA has a conservative for and that can be used to prove your claim. So in this case, could be anything. But you're going to want to make sure you have that medical evidence showing your current disability.

00:10:11:17 - 00:10:15:09
You're going to want that statement where you're supposed to burn pits.

00:10:15:09 - 00:10:24:19
So on that 4138, you're going to want to discuss your symptoms, how they affect you, what your treatments are, a list of your medication.

00:10:24:21 - 00:10:37:11
And the reason you're including this information is for when you get sent to the CHP exam. The examiner can see this information and get you the highest rating possible.

00:10:37:11 - 00:10:52:03
All right, too. So guys who apply before use VA form 20 that 0995. If you had never applied for this condition, this condition is not VA benefits. You applied for the benefits, but never this condition.

00:10:52:05 - 00:10:56:19
Then you're going to use VA form 21 5 to 6 easy

00:10:56:19 - 00:10:58:04
Make sure you're using

00:10:58:04 - 00:10:59:14
the most updated form.

00:10:59:14 - 00:11:03:08
It's a little on balls, but don't worry about that. The most

00:11:03:08 - 00:11:05:22
form parts here are

00:11:05:22 - 00:11:18:08
putting down what your current disability is and next to that stating what your source of the injuries. So in this case, burn pits the third box

00:11:18:08 - 00:11:21:14
that you're going to impact act presumptive condition

00:11:21:14 - 00:11:26:18
and that last box put approximately the date the disability

00:11:26:18 - 00:11:31:11
that's also don't forget to include your proof of diagnosis, your description of symptoms.

00:11:31:13 - 00:11:46:16
And if you want the VA to obtain records from you or VA from VA facility, again, there's a box on the VA form 21 days, 5 to 6 that allows the VA to get those forms on your behalf.

00:11:46:16 - 00:11:49:12
Don't forget to sign your form guys before you send it in.

00:11:49:14 - 00:12:06:00
The best way to file it is through V.A. of you could do this on your own, guys. You don't need a higher VA so attorney to file these claims. Okay. So go on. V.A. gov. If you have questions, you'll put them in. The comments are happy to answer them.

00:12:06:00 - 00:12:21:01
Now for you Vietnam era vets. I know Vietnam veterans have fought hard to get benefits for Agent Orange, meaning it's only been in the last 15 years that some of these conditions have been recognized as related to Agent Orange.

00:12:21:03 - 00:12:33:12
And only few years ago did the Navy veterans get fully recognized as EXPOSE Agent Orange. So now the fact that they expanded Agent Orange related benefits even greater.

00:12:33:12 - 00:12:39:07
The biggest change is where the VA recognizes Agent Orange was used.

00:12:39:07 - 00:12:42:20
for you, that's who've been fighting for years and years and years.

00:12:42:20 - 00:13:06:09
And you served in Thailand and seen you. You were exposed to Agent Orange. You're in luck because this law changes everything for the Thailand vets. Before you had to show that you worked along the perimeter of the base because the VA story was, well, Agent Orange was only sprayed on the part of these guys. You don't have to prove them.

00:13:06:09 - 00:13:16:03
Or if you are on a U.S. or Royal Thai military base, then you're good to go. You don't have to show exposure.

00:13:16:03 - 00:13:33:08
It also recognizes, believe it or not, we were in Cambodia and Laos and you were exposed, Agent Orange. Yes, I know many of you have been saying for years I was in Cambodia and Laos and the VA said we had no military operations.

00:13:33:10 - 00:13:45:05
So now they're same in military operations there and you're exposed to Agent Orange. So the timelines are short for

00:13:45:05 - 00:14:17:23
Laos. December 1st, 1965 through September 30th, 1969, and Cambodia. They only recognize April 16th, 1969 to April 30th, 1969. They also added Guam, American Samoa and Johnston Atoll as places of presumptive Agent Orange exposure. Remember, guys, exposure is only one portion in the equation.

00:14:17:23 - 00:14:34:04
You also have to have a condition. So Pat, that also gives some add some presumptive conditions for Agent Orange. There's already a list of I don't know if you know, about 15 or so. I go on V.A., check it out.

00:14:34:04 - 00:14:44:00
But they're adding hypertension and a rare condition called MTG use. So if you have one of these presumptive conditions, presumably the Agent Orange

00:14:44:00 - 00:14:52:15
and for you Vietnam guys, you're going to file the claim in the same way you filed before you're using 0995.

00:14:52:17 - 00:15:17:23
If you haven't filed, you then use VA form 20 12526 easy. Don't forget your evidence. And that does it for me. Guys, I hope this is helpful. I hope you use this knowledge to wind your VA case. Look forward to next time. If you have an episode idea, feel free to comment. Feel free to email me. And as always, please like and share this channel.

00:15:17:23 - 00:15:20:19
Thanks guys. See you next time.