VA Claims: Why PACT Act Benefits Are Denied

The echoes of distant battles often fade, but the struggles for our veterans continue long after they’ve returned home. Understanding and analysis of legislation affecting veterans is not just an academic exercise; it’s a lifeline. But what happens when the very laws meant to protect and support them become a tangled web, leaving them adrift?

Meet Sergeant First Class Michael “Mac” McMillan. Mac, a retired Army Ranger, served three tours in Afghanistan. He’d seen things, done things, and breathed things that no human should. For years after his honorable discharge in 2018, Mac struggled with persistent respiratory issues and a persistent, debilitating cough. He’d wake up gasping, his lungs feeling like sandpaper. His doctors at the Atlanta VA Medical Center suspected his conditions were related to burn pit exposure, a grim reality for many who served in the Middle East. But when he filed his disability claim with the Department of Veterans Affairs (VA) in early 2023, he received a bewildering letter: “Service Connection Denied.”

Mac was devastated. He’d given so much, and now the system felt like it was giving him the cold shoulder. “I followed every instruction,” he told me during our first consultation at my office in Decatur. “I submitted my medical records, my service history. They even had my deployment dates. What more do they want?”

Mac’s frustration is tragically common. I’ve been practicing veterans’ law for over 15 years, and I’ve seen this scenario play out countless times. The VA system, while designed to help, can be incredibly daunting. It’s not malicious, but it’s vast, bureaucratic, and often understaffed, leading to errors and delays. His case, however, highlighted a critical piece of legislation that had just begun to reshape the VA landscape: the Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022. This wasn’t just another bill; it was a seismic shift.

The PACT Act, signed into law on August 10, 2022, is arguably the most significant expansion of VA healthcare and benefits for veterans exposed to toxic substances in over 30 years. It added over 20 new presumptive conditions for burn pits, Agent Orange, and other toxic exposures. This means that if a veteran served in a specific area during a specific timeframe and developed one of these conditions, the VA presumes the condition is service-connected, alleviating the burden of proof for the veteran. This was a game-changer for veterans like Mac.

My first step with Mac was to review his denial letter and his original claim. The denial stated a lack of direct medical evidence linking his current condition to his service. This was boilerplate language, often used before the full implications of the PACT Act had trickled down to every claims processor. The VA system, for all its good intentions, sometimes struggles with rapid implementation of new laws. It’s like trying to turn an aircraft carrier on a dime – it takes time.

I explained to Mac that under the PACT Act, his chronic bronchitis and restrictive airway disease, given his service in Afghanistan during the specified periods (post-9/11), were now presumptive conditions. This meant the VA should presume his illness was connected to his service, making his burden of proof significantly lighter. We didn’t need to prove a direct causal link; we just needed to prove he served in the presumptive area and had the presumptive condition.

However, simply knowing about the PACT Act isn’t enough; you must navigate the appeals process. The Veterans Appeals Modernization Act (VAMA), enacted in 2017, completely revamped the VA appeals system. It introduced three distinct “lanes” for appeals, each with its own advantages and disadvantages:

1. Supplemental Claim Lane: This is for submitting new and relevant evidence. If you have new medical records, buddy statements, or a new diagnosis, this is often the fastest route.
2. Higher-Level Review Lane: Here, a senior claims adjudicator reviews the existing evidence and determines if an error was made. No new evidence can be submitted in this lane. This is ideal if you believe the VA simply overlooked something.
3. Board of Veterans’ Appeals (BVA) Lane: This is the most formal and often slowest lane, allowing for appeals directly to the Board in Washington, D.C. You can choose to have a hearing with a Veterans Law Judge, submit new evidence, or simply have a direct review.

For Mac, because the PACT Act provided “new and relevant evidence” in the form of a change in law, the Supplemental Claim Lane was our best bet. We filed a new claim, referencing the specific sections of the PACT Act that applied to his conditions and service. We also included a detailed medical opinion from his pulmonary specialist at the VA, explicitly stating his conditions were consistent with burn pit exposure, reinforcing the presumptive connection.

This process isn’t always straightforward. I had a client last year, a Marine veteran named Sarah, who had a similar situation but had initially chosen the Higher-Level Review Lane. The VA reviewer, adhering strictly to the “no new evidence” rule of that lane, upheld the denial because the PACT Act wasn’t explicitly referenced in her original claim. We had to withdraw that and refile as a Supplemental Claim. It’s a common misstep, and one that highlights why expert guidance is so critical. You have to pick the right lane for your specific situation, and that often depends on the type of evidence you have or need to present.

News reports and official VA press releases in late 2023 and early 2024 consistently highlighted the surge in PACT Act claims. According to a VA press release from January 2026, the VA had processed over 2 million PACT Act-related claims since the law’s enactment, granting benefits to over 1.2 million veterans and their survivors. This data underscores the immense impact of the legislation and the sheer volume of cases the VA is now handling.

My team and I meticulously prepared Mac’s supplemental claim. We ensured every piece of his service record, every medical report from the Atlanta VA, and every diagnostic code was perfectly aligned. We knew the VA often denies claims due to insufficient documentation, so we left no stone unturned. We even included a personal statement from Mac, detailing the progression of his symptoms and how they impacted his daily life – a powerful, humanizing element that can sometimes tip the scales.

Six months later, Mac received another letter. This time, it wasn’t a denial. It was an approval. His chronic bronchitis and restrictive airway disease were service-connected, rated at 30% and 10% respectively, leading to a combined disability rating that significantly increased his monthly compensation. He also qualified for VA healthcare for these conditions, a relief considering the ongoing cost of his medications and breathing treatments.

Mac’s story isn’t just about a successful claim; it’s a testament to the power of understanding the legislation and knowing how to navigate the system. The PACT Act was a monumental step forward, but its benefits aren’t automatically bestowed. Veterans must still apply, and often, they must appeal. And here’s what nobody tells you: the VA often denies claims initially. It’s not necessarily a reflection of your claim’s merit, but often a result of incomplete information, misinterpretation of regulations, or simply being caught in the system’s gears. Don’t take a denial as the final word. It’s usually just the beginning of the fight.

Beyond the PACT Act, other legislation continually shapes the lives of veterans. For instance, the Veterans Health Care and Benefits Improvement Act of 2020 introduced a host of provisions, including improvements to mental health services, homeless veteran assistance, and education benefits. Staying informed through reputable sources like the Department of Veterans Affairs website and advocacy organizations like the Disabled American Veterans (DAV) is paramount. These organizations often publish news reports and guides breaking down complex legislation into understandable terms. I encourage every veteran to connect with a VSO (Veteran Service Organization) like the DAV or the American Legion; their accredited representatives provide invaluable, free assistance.

The legislative landscape for veterans is dynamic. Laws are enacted, amended, and reinterpreted. For instance, discussions are already underway in Congress regarding potential expansions to the Veterans Employment and Training Service (VETS) programs, aiming to address persistent unemployment challenges among post-9/11 veterans. These proposed changes, if enacted, could introduce new tax incentives for businesses hiring veterans or expand vocational training opportunities through community colleges like Georgia Piedmont Technical College in Clarkston. I firmly believe that supporting veterans means not just caring for their health, but also ensuring their successful reintegration into the civilian workforce.

Mac, now breathing a little easier both physically and financially, has become an advocate himself. He volunteers at the local VFW Post 6440 in Stone Mountain, helping other veterans understand their rights and guiding them toward resources. His experience taught him that while the fight for benefits can be arduous, it’s a fight worth having, especially when you have the right knowledge and support.

The system isn’t perfect, but with persistent effort, informed decisions, and often, professional guidance, veterans can and do receive the benefits they’ve earned. My work, and the work of countless others, is to ensure that the legislative promises made to our service members are actually delivered.

Understanding the ever-evolving legislative framework is essential for veterans to access the benefits they’ve earned; never face the VA alone, always seek informed advocacy.