Presumptive Asthma Claim

[jm0365]

I filed a claim for asthma in 2021. I was denied because my diagnosis was more than 10 years after separation. I saw that asthma is now a presumptive illness under the new pact act, and I’m on the burn pit registry.

Does this mean that I’m now eligible since this has passed? I can’t find anything addressing this on the VA’s website.

thanks

[brokensoldier244th]

That's because we're don't have any training or guidance on it yet. It wasn't signed until this morning. 

[Dustoff1970]

According to recent info I have read from other veteran sources the date the law becomes effective is date of signing that is today August 10, 2022

This VA link     The PACT Act And Your VA Benefits | Veterans Affairs

Have also read you will have to file a supplemental claim for asthma and provide evidence such as DD214 showing you were in those locations for presumptive exposure to the burn pits, etc. once the VA regulations take effect to implement the law.  Hopefully sooner rather than later.

My comment is not legal advice as I not a lawyer, paralegal or VSO.

[Chuck Haven]

VA always gets time to implement new legislation.  Some demographics will get immediate assistance.  Timeline for all show below from the PACT Act.

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(1) On the date of the enactment of this Act for claimants for dependency and indemnity compensation under chapter 13 of title 38, United States Code, and veterans whom the Secretary of Veterans Affairs determines are—

(A) terminally ill;

(B) homeless;

(C) under extreme financial hardship;

(D) more than 85 years old; or

(E) capable of demonstrating other sufficient cause.

(2) On the date of the enactment of this Act for everyone not described in paragraph (1), with respect to paragraphs (1), (2)(C), (2)(I), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14), of section 1120(b) of title 38, United States Code, as added by subsection (b).

(3) On October 1, 2023, for everyone not described in paragraph (1), with respect to paragraphs (3) and (4) of section 1120(b) of such title, as so added.

(4) On October 1, 2024, for everyone not described in paragraph (1), with respect to subparagraphs (A), (B), (D), (E), (F), (G), and (K) of section 1120(b)(2) of such title, as so added.

(5) On October 1, 2025, for everyone not described in paragraph (1), with respect to subparagraphs (H) and (J) of section 1120(b)(2) of such title, as so added.