The PACT Act, passed in August 2022, expands Veterans’ eligibility to benefits based on the addition of new presumptive conditions and toxic exposure locations. Presumptive conditions are ones VA assumes are related to military service, therefore making it easier for Veterans to connect certain conditions to their military service. As a result, more survivors are eligible for benefits than ever before.
Monthly survivor payments
Qualifying family members may be eligible to receive Dependency and Indemnity Compensation (DIC). DIC is a monthly payment provided to the surviving spouse, dependent child or parent of a Veteran who died from a service-connected disability.
To be eligible as a surviving spouse, the survivor must have lived with the Veteran without a break until the Veteran’s death, or if they were separated, the survivor was not at fault for the separation. Additionally, the survivor must have been married to the Veteran within 15 years of discharge from the period of military service during which the qualifying illness or injury started or worsened, or were married to the Veteran for at least one year, or had a child with the Veteran. Surviving spouses who have re-married may also be eligible.
A surviving child is eligible if they are not married, are not included on the surviving spouse’s compensation and are under the age of 18 (under age 23 if attending school). Children adopted out of the Veteran’s family may also be eligible.
A surviving parent(s) is eligible if they are the biological, adoptive or foster parent of the Veteran and have income below a certain amount.
How to apply, re-apply, or request re-evaluation
Surviving spouses and children applying for the first time must submit an “Application for DIC, Survivors Pension, and/or Accrued Benefits, VA Form 21P-534EZ.”
Surviving spouses and children requesting re-evaluation of a previously denied claim must select the option under question 7A which states, “DIC due to claimant election of a re-evaluation of a previously denied claim based on expanded eligibility under PL 117-168 (PACT Act).”
Surviving parents applying for the first time must submit “Application for Dependency and Indemnity Compensation by Parent(s), VA Form 21P-535.”
Surviving parents requesting re-evaluation of a previously denied claim must select “Yes” under question 15 which asks, “Are you claiming DIC based on the election of a re-evaluation of a previously denied claim due to expanded eligibility under Public Law 117-168 (PACT Act)?”
Survivors may also request re-evaluation of a previously denied PACT Act DIC claim by submitting a “Decision Review Request: Supplemental Claim, VA Form 21-0995.” If a survivor is claiming DIC based on the PACT Act, it must be clearly stated on the application.
How to submit the application
Documents may be submitted by mail, in person at a VA regional office or electronically. Electronic submission is recommended via QuickSubmit, as this is the fastest method of receipt.
Additional resources
For more information regarding DIC for spouses, dependents and parents, please visit: www.va.gov/disability/dependency-indemnity-compensation. Additional information about the PACT Act can be found at www.va.gov/PACT.
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My husband was stationed in Thailand during the time of the Agent Orange toxic spraying. Applied for disability compensation in July 2022 due to his diagnosis of Glioblastoma, Stage 4. He passed away in March 2023. After submitting all of the requested information for justification for his claim I have still not heard anything from VA. Just the runaround that his claim is in review. This claim now falls under the PACT Act with his diagnosis as one of the presumptive diseases on the list. After his death a DIC was filed at our local Regional VA Office. I was his sole caregiver for 2 1/2 years before hospice had to take over 1-month prior to his death. My husband served with distinction in the Air Force for 26 years. He had to die never knowing whether or not his service to his country was worth his sacrifice. Shame on the VA for not doing its job ensuring Veterans get what is due to them for their commitment to service and putting our troops, unknowingly, in harms way. Why does the process have to take years even after you have proven the time, place, and association to these dangerous life altering toxins? Veterans sacrificed their lives for this country and the VA needs to step up and make it right and stop making families jump through hurdles in order to receive a small compensation for lives that have been lost and those still suffereing from diseases as a result of their time in service. I filed for Aid & Attendance over
2-years ago and burial expenses in March and have heard nothing from VA.
Camp Lejeune was totally toxic I trained as a 8404 FMF Corpsman I’ve had stage 4 kidney cancer and stage 3 bladder cancer. Lost over half a kidney and had over a dozen surgeries on my bladder. I was given less than 6 months to live but that was 11 years ago. Thank GOD for Grace Mercy and Healing because the VA has been worthless.
The VA will try everything they can to NOT approve benefits,an then if they do, they will double their efforts to minimize the payments or remove them once approved. As for “presumptive conditions”….everybody BUT the VA believes that.
Then there are the rest of us Cold War vets who lived and worked all over in facilities with asbestos, drank water with heavy metals, diesel, chemicals, etc. We get nada.
The site I was on in Korea was on top of a sacred Korean mountain, so no road, no running water. We used runoff water. Problem was, the runoff water was non-potable. I was 19, I didn’t know what no-potable was. I did find out and the company was supposed to send clean water to us, but they didn’t. Only when our runoff was low. If you stayed up too long you’d start getting UTIs from just drinking, brushing your teeth and showering.
I got out just after the first gulf war. We worked on COMSEC gear which was over in the gulf. We received pallets of these devices all of which needed to be completely rebuilt. So we stripped them, cleaned them, sandblasted, repainted, etc. Being on the technical side, I did the taking it apart, pulling all the electronics out, using an air hose to blow it all out, etc. We didn’t wear masks. Whatever was on them was on them. We breathed it in just like the folks in theater did.
That site was closed down in the late 90’s. EPA wrote a 650+ page clean up report which listed what was found, what was in the groundwater and what needed to be done to clean it up before giving the land to the city of Avon, KY.
When I got out, and folks started talking about Gulf War syndrome it sounded a lot like stuff I had.
I’ve had to deal with a lot of stuff in my life.
I actually had kidney cancer. No clue why. No one in my family history had kidney cancer.
The VA did find it and the VA did take it out. I have another scan in a little over a month to see if there is anymore and determine how often I get scanned again.
But none of this stuff helps vets like me. There are more than you think.
The headline led me to believe that I – as a veteran – may be able to be compensated for toxic water at Camp Le Juene, NC, where I was born
They said hypertension is a presumptive for the pact act. I filed for it because I have had hi blood pressure for over 10 to 15 years. they had me go take an exam (which was a joke) in Phoenix AZ. About 2 months later sent a letter of denial. why even tell us that it is presumptive if they’re not going to give it to you. served in Vietnam 1969 – 1970.
Anything new with Camp Lejeune problems?
Why does the veteran have to be dead for the surviving spouse to collect anything ,why can’t she collect while the veteran is still alive.
I was at camp Humphreys in 1977 and 1978 were they flew in agent Orange and stored it for sending to Vietnam. I have diabetes, lymphoma cancer, degenerative disc disease and have had neck surgery with five screws on each side of my spine and I’m about ready to go see the surgeon about doing my lower back with hardware, and they tell me I don’t qualify for agent Orange even though they found it in other areas buried. I fell down in the doctor’s office which was no one’s fault but my own and when the nurse came back in she accused me of trying to hit her with my cane while I’m on the floor trying to get up and they called the police on me and I had a police report done and I had the VA send me a letter saying that if I continued with this behavior I would have limited benefits or access. I’ve requested the police report and they won’t give it to me they tell me they’ll send it and then they don’t do it. And it was all over getting a shot of a painkiller because of my neck and back and arthritis and it’s a non-narcotic medication. Now, I’m afraid to even request any kind of pain relief without being accused of possible drug seeking which the VA has accused me of and I do not want narcotics. This is a terrible way to treat veterans obviously as other people realize you do not help us we have to go to doctors on the outside to get fixed. This is not what I served for and this is not the old GI Bill which I have with two honorable discharges. This is disgusting!
Request the report from the police yourself, it’s that simple. Why do you have to get it from the VA? You don’t. Once you have it…carry on.
The PACT Act specifically covers service in Turkey and Israel, but the VA intentionally omits the statutory coverage. Can anybody tell me why that is?
This is great to know! I’ve been looking for that info since to beginning of the PACT act talk. I’ve never seen Turkey listed in all the info I’ve searched, as I know I was exposed to all kinds of things while there and have symptoms that qualify. Thank you!!!
I AM A VIET NAM VET THAT HAS 90% DISABLITY BUT STILL CAN NOT GET VA DENTAL CARE, THAT MY DELTA DENTAL INS. PLAN WILL NOT PAY IE. $24,OOO,OO FOR SAID TEETH WORK. I HAVE TRYED FLORIDA SENATORS ,THAT ARE WORKING ON THIS, BUT NO HELP—- PLEASE ADVISE IF YOU CAN HELP, THANK YOU,
My father Dr Henry Yokoyama was a Sargent in military intelligence while on Iwo Jima. He was tasked to explore the many caves for Japanese soldiers and intelligence He was shot at and had a grenade land close to him. His searches came up with a Japanese weather code book. He received a bronze medal and his officer got the silver star. The Air Force now could know what the weather was over Japan so saving sending bombers who are unable to target their objectives saving lives. My father was proud to serve under General McArthur later in occupation Japan but it has bothered me that he was the one entering into Japanese caves risking his life while his officer stood outside and collected his credit without risking life or limb.
You’re absolutely Right!!
The Caste System at its best!!?
The Military Brass always Right themselves up for the big ticket awards…They consider the enlisted as scumbags!!!
The VA doesn’t care about the Veteran’s or the people that take care of them. They know that people are having a hard time taking care of the Veteran’s but they will take the money away from them without warning and then it takes an act of Congress to get it back. We just lost $500 a month because we paid for someone else to help my husband with his bathing and dressing. I got hurt and he told them that he was paying another person to help him with 2 things bathing and dressing and I continued to do everything else but they took the money so fast that they didn’t even say anything to us. Try living on a thousand dollar a month.
What about the spouses who are caregivers but when vet passes on we get half of his benefits. Since I have been unable to work and care for him at 72 it will be difficult to find work I can manage.
Just isn’t fair that we do all the hard part of their care and all the VA does is hand out another pill.
The PACT act excluded Panama veterans from recognition of their exposure to Agent Orange and other toxic herbicides and pesticides.
HR2447 is a bill designed to help US Veterans who served in Panama where exposure to Agents Orange, Purple and Blue were routinely utilized as a destructive herbicides in those jungle environments, just as they were in Vietnam.
Gee, what do we do for the spouses who spent years dealing with the military, endured an abusive service member, and eventually had to leave for safety reasons, BEFORE that service member seperated and divorced and became a veteran. I have 2 friends that had to get far away to survive.
It would be useful to know what “presumptive conditions” are.
They are conditions that are considered automatically service connected. Use Agent Orange as an example. If you were in Vietnam, or any other area where the US Government has stated it used Agent Orange, then certain diseases and cancers are presumed to have been caused by AO. Use Prostate Cancer as an example. If you were in Vietnam and have Prostate Cancer-you are automatically considered service connected for it.
An elderly friend in my area, filed a claim for DIC over 20 years ago. Her deceased husband was in Vietnam and died of cancer in the brain(Agent Orange). It was denied and she refiled about a year and a haft ago. This time it was supposely approved. The VA has verbally told her attorney/s that it was approved over 6 months ago. Yet, the VA has either refused or been unable to provide any written paperwork that it has been approved. She is now on her 2nd attorney-both were told it has been approved. And both did not want to rock the VA’s boat. So she is still in limbo. The VA toots its own horn, that anyone can file for almost anything-guess elections are coming up again. Both are true but the VA’s ability to screw with a DIC survivor and or veteran-is unmatched by anything I have ever seen. (In my case it took two trips to the CVA (both in my favor)). The VA’s problem is not the Pact Act. It is their lack of compassion and integrity when dealing with their clients-Vets and Dependents. I see article after article about urging people to apply for benefits under the Pact Act-I never see anything about the VA’s ability to almost drive people to suicide by continually screwing with them. I really wish I was wrong.
Just filed a claim.
I filled out paperwork for the PACT Act but don’t know if anything has happened with my claim.