PACT Act 2026: Veterans Must Claim Benefits

The sheer volume of misinformation swirling around the legislation affecting veterans is staggering. It’s not just confusing; it actively prevents veterans from accessing the benefits they’ve earned, often leaving them feeling frustrated and abandoned.

Myth 1: All Veterans Automatically Receive Benefits from New Laws

This is a persistent and frankly dangerous misconception. Many veterans believe that once a new law passes, like the PACT Act, the Department of Veterans Affairs (VA) automatically updates their records and starts sending checks. Nothing could be further from the truth. I’ve seen countless veterans miss out on critical benefits because they assumed the VA would just “know.” The reality is, veterans must file a claim for any new presumptive conditions or expanded benefits. It’s an active process, not a passive one.

For example, the Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022, signed into law on August 10, 2022, was a monumental piece of legislation. It added over 20 new presumptive conditions for burn pit and other toxic exposures, impacting potentially millions of veterans. This included conditions like various cancers, respiratory illnesses, and hypertension. However, the VA did not, and could not, retroactively apply these benefits without a claim. According to the VA’s official PACT Act website(https://www.va.gov/resources/the-pact-act-and-your-va-benefits/), as of early 2026, they have processed hundreds of thousands of claims, but many more eligible veterans have yet to apply. My firm, for instance, had a client just last year, a Marine Corps veteran who served in Iraq, suffering from glioblastoma – a condition now presumptive under the PACT Act. He had simply heard about the law on the news and thought the VA would reach out. We had to explain that he needed to file a specific claim, gather his medical evidence, and submit it. He’s now receiving the care and compensation he deserves, but it took his proactive engagement.

This isn’t just about federal law either. Many states pass their own veteran-specific legislation offering property tax exemptions, educational benefits, or employment preferences. In Georgia, for instance, there are significant property tax exemptions for certain disabled veterans, as detailed by the Georgia Department of Revenue(https://dor.georgia.gov/property-tax-exemptions). Do you think the county tax assessor automatically applies that? Absolutely not. You have to apply for it, often annually, providing proof of your disability rating and veteran status. It’s a bureaucracy, and bureaucracies require initiation.

Myth 2: A 100% Disability Rating Means You Can’t Work

This is one of the most frustrating myths I encounter, and it often discourages veterans from pursuing higher disability ratings or even seeking employment. The VA’s disability rating system is designed to compensate veterans for the average impairment of earning capacity resulting from service-connected conditions, not to prohibit them from working. A veteran can absolutely be rated 100% disabled by the VA and still hold a job.

The confusion often stems from the distinction between a 100% schedular rating and a 100% Individual Unemployability (IU) rating. A 100% schedular rating means your service-connected conditions, based on the VA’s Schedule for Rating Disabilities, are so severe they warrant the highest compensation level. You can still be gainfully employed with this rating. I had a client, a former Army medic with a 100% schedular rating for multiple orthopedic and mental health conditions, who successfully worked as a project manager for a defense contractor. He managed his conditions with treatment and accommodations.

However, Total Disability Individual Unemployability (TDIU) is different. TDIU is granted when a veteran’s service-connected disabilities prevent them from securing or maintaining substantially gainful employment, even if their combined schedular rating is less than 100% (usually 60% or more for a single condition, or a combined rating of 70% with one condition rated at 40% or more). In these cases, the veteran is compensated at the 100% rate. Even with TDIU, there are nuances. Marginal employment, where earnings are below the federal poverty threshold, is generally permissible. The critical difference is the reason for unemployment – is it due to service-connected conditions, or other factors? The Code of Federal Regulations, 38 CFR § 4.16(https://www.ecfr.gov/current/title-38/chapter-I/part-4/section-4.16) outlines the criteria for TDIU. The VA isn’t saying you can’t work; they’re saying your service-connected conditions prevent you from gainful employment. There’s a subtle but crucial distinction.

Myth 3: VA Appeals Are Hopeless and Take Forever

While the VA appeals process can indeed be lengthy and complex, calling it “hopeless” is both inaccurate and disempowering. Significant legislative changes, particularly the Appeals Modernization Act (AMA), which went into full effect in February 2019, have dramatically restructured and, in my opinion, improved the process. It’s still not perfect, but it’s far from the black hole it once was.

Under the AMA, veterans now have three decision review options, or “lanes,” if they disagree with a VA decision:

1. Supplemental Claim Lane: This is for veterans who have new and relevant evidence to submit. The VA reviews the entire claim again, considering the new evidence. This is often the best first step if you have additional medical records or lay statements.
2. Higher-Level Review Lane: Here, a more senior VA claims adjudicator reviews the existing evidence of record. No new evidence can be submitted in this lane. The reviewer determines if there was an error of law or a difference of opinion based on the evidence already presented.
3. Board Appeal Lane: This allows veterans to appeal directly to the Board of Veterans’ Appeals. Within this lane, there are three options:

• Direct Review: The Board reviews the evidence already on file.
• Evidence Submission: The veteran can submit new evidence to the Board.
• Hearing: The veteran can request a hearing with a Veterans Law Judge.

Each lane has different timelines and requirements. The AMA was designed to provide veterans with more choices and, theoretically, faster resolutions. While “faster” is relative when dealing with a massive federal agency, the Board of Veterans’ Appeals Annual Report(https://www.bva.va.gov/docs/BVA_Annual_Reports/BVA2025AR.pdf) for fiscal year 2025 showed a continued reduction in average processing times compared to pre-AMA figures.

We ran into this exact issue at my previous firm representing a Vietnam veteran whose herbicide exposure claim was initially denied. Instead of giving up, we advised him to pursue a Supplemental Claim with additional buddy statements and a private medical opinion linking his conditions to his service. It took time, yes – about 18 months – but his claim was ultimately granted. The system can work, but you need to understand the lanes and be strategic. Just throwing documents at the VA without understanding the process is indeed a recipe for frustration.

Myth 4: All VA Healthcare is Free for Veterans

This is another common misconception that can lead to unexpected bills and financial stress for veterans. While many veterans qualify for no-cost VA healthcare, it’s not universally free for everyone. Eligibility and potential costs depend on several factors, including service-connected disability rating, income level, and enrollment priority group.

The VA assigns veterans to priority groups ranging from Group 1 (highest priority, generally veterans with service-connected disabilities rated 50% or more, or those deemed catastrophically disabled) to Group 8 (lowest priority, generally higher-income veterans with no service-connected conditions). Veterans in higher priority groups typically receive more extensive no-cost care and may have fewer or no copayments for prescriptions or certain services.

Veterans in lower priority groups, particularly those without service-connected conditions or with higher incomes, may be subject to copayments for primary care visits, specialty care, and prescription medications. For instance, a veteran in Priority Group 7 might pay a copayment for a primary care visit and a different copayment for a specialist visit, as well as prescription copayments. The VA’s official website details these copayment rates(https://www.va.gov/health-care/copay-rates/), and they are adjusted annually.

Here’s what nobody tells you: even if you have private insurance, the VA often acts as a secondary payer or provides services that your private insurance might not cover. It’s not an either/or situation for many. I strongly advise every veteran to at least enroll in VA healthcare to determine their priority group and understand any potential costs. This isn’t about promoting the VA; it’s about making an informed decision. Assuming everything is free is a costly mistake.

Myth 5: State Veteran Benefits Are Insignificant Compared to Federal Ones

This myth does a disservice to the robust support many states provide their veteran populations. While federal benefits are foundational, state-level legislation often fills critical gaps and provides significant additional advantages that directly impact a veteran’s quality of life. Dismissing them as “insignificant” means missing out on valuable resources.

Take Georgia again. Beyond the property tax exemptions for disabled veterans mentioned earlier (O.C.G.A. Section 48-5-48, for example, outlines exemptions for certain veterans), the state offers a host of other benefits. The Georgia Department of Veterans Service (GDVS)(https://veterans.georgia.gov/benefits) lists numerous programs. This includes:

• Educational Benefits: The Georgia Military Scholarship, for instance, provides tuition assistance for eligible dependents of service members who died or were severely disabled in service. Many state universities also offer in-state tuition for all veterans, regardless of residency status before service.
• Employment Preferences: Georgia law provides preference points for veterans in state employment applications, which can be a significant advantage in competitive job markets.
• License and Fee Waivers: Veterans may qualify for exemptions or reduced fees for certain professional licenses, hunting and fishing licenses, and even vehicle registration.
• Veterans Homes: Georgia operates state veterans homes, providing long-term care for eligible veterans at a reduced cost compared to private facilities.

These aren’t minor perks; they are substantial financial and quality-of-life benefits. I recently helped a client, a young Air Force veteran transitioning out of service, navigate the process of obtaining his Georgia real estate license. He was surprised to learn about the fee waiver available to him as a veteran, saving him hundreds of dollars. We also connected him with the GDVS office in downtown Atlanta, near the State Capitol, to ensure he understood all the state-specific employment preferences for which he qualified. Ignoring these state benefits is like leaving money on the table – it’s just bad financial planning. Always check your state’s veteran affairs department; you’ll likely find more than you expect.

Understanding the nuances of veteran legislation is not just about compliance; it’s about empowerment. It ensures those who have served receive every benefit they have earned and deserve. Be proactive, challenge assumptions, and seek knowledgeable guidance.