Advocates Call Toxic Exposure Bill a ‘Half Measure’
Click To Enlarge: Map of countries and bodies of water currently included in the VA Airborne Hazards and Open Burn Pit Registry.
WASHINGTON — Legislation to extend healthcare to millions of veterans suffering from the effects of toxic exposure to burn pits passed the U.S. Senate unanimously last month. Advocates caution, however, that much more still needs to be done.
The bill is a scaled-down version of much more ambitious legislation proposed last year. And, while legislators call it a huge step forward, veterans’ advocates were quick to remind them that it is only the first of many when it comes to helping toxic-exposed veterans.
The Health Care for Burn Pit Veterans Act would create a one-year enrollment period in VA healthcare for all post 9/11 combat veterans who served before 1998 and never enrolled and extend the enrollment period for all formerly deployed post 9/11 veterans from five years to 10. It also would require VA to screen all patients for exposure to toxic substances that might have occurred during deployment.
“Unanimous passage of the [bill] sends a clear message to toxic-exposed veterans across the country that we are committed to moving the needle on addressing toxic exposures in a comprehensive and bipartisan way,” said Senate VA Committee Chair Jon Tester (D-MT). “Our bill is a necessary step in connecting an entire generation of veterans with the VA care they need and cannot wait for any longer.”
It’s estimated that as many as 3.5 million combat veterans might have experienced some level of exposure to burn pits during their service and that nearly one-third of those veterans are currently unable to access VA care.
The bill is a much scaled-down version of the Honoring Our PACT Act, which is currently awaiting a vote in the House. The PACT Act would not only expand healthcare to veterans who might have been exposed to toxins but also create a presumption of service connection for 23 conditions, including respiratory ailments and cancers, as well as presumption of toxic exposure for nearly half a million Agent Orange-exposed veterans suffering from certain diseases.
These provisions, which could add as many as two million new veterans to the benefits roles by 2031 and expand benefits for those already receiving them, is estimated to cost as much as $281 billion over the next 10 years.
This price tag has slowed the PACT bill’s progress, with a number of Republicans saying the legislation is a nonstarter and that, if it passes, the House, it will fail in the Senate. As of Feb. 21, it had not yet been scheduled for a full House vote.
Tester and the Health Care for Burn Pit Veterans Act’s co-sponsor, Sen. Jerry Moran (R-KS) have said that the bill is the first of a three-step process to help toxic-exposed veterans. The next step will be to establish a new process through which VA will determine future presumptive conditions, with the third step being to expand benefits access.
While the bill received unanimous support in the Senate, as well as the support of a number of veterans service organizations, advocates were quick to note that this bill is only a half-measure.
“We appreciate that this bill is the first step in providing care and benefits for certain veterans, and we implore the Senate to quickly introduce and pass steps two, three and more,” declared VFW Legislative Director Pat Murray.
“While we thank Chairman Tester and Ranking Member Moran for taking the first step to address this issue, we emphasize that there is still more work to be done,” said Wounded Warrior Project Vice President Jose Ramos. “No veteran who suffered burn pit exposure should ever be turned away from VA care, regardless of whether they served 10 years ago, 20 years ago or longer. This is why we support the COST of War Act, which would guarantee permanent access to care for exposed veterans, regardless of when they were discharged.”
That Comprehensive and Overdue Support for Troops of War (COST of War Act) proposed by Tester also includes provisions advocating for new presumptions of service connection for veterans exposed to Agent Orange and burn pits and requires VA to create a more transparent framework for how new presumptive conditions are added in the future.
Meanwhile, VA has been working independently of Congress to revise its system for determining service connection. In the past, the VA has relied almost entirely on reports from the National Academies of Sciences, Engineering and Medicine. However, in May 2021, VA Secretary Denis McDonough announced that VA would begin considering adding respiratory conditions to its list of presumptive conditions and would consider a wider range of scientific sources in doing so. In August, the department added chronic asthma, rhinitis and sinusitis for veterans who served in the Southwest Asia theater of operations, as long as those conditions presented within 10 years of exposure.