The PACT Act of 2022 allowed Congress to create a $797 billion budget to expand and extend VA health care and benefits for veterans exposed to toxic chemicals. It is considered the "largest health care and benefit expansion in VA history."
The PACT Act lists over 20 presumptive conditions. These allow veterans to get medical services and disability compensation from the VA. It includes kidney cancer.
How to file for VA benefits
Kidney cancer is now a presumptive condition under the PACT Act of 2022. Because of this, veterans with this serious illness may qualify for VA medical care and other benefits. Here's an overview of the filing process for veterans diagnosed with kidney cancer:
- For new claimants: You must file a new claim with the VA. You can do this online, by mail, in person, or with help from professionals like attorneys who know toxic exposure cases.
- For claimants rejected before: You can file a Supplemental Claim, as this will allow the VA to review your case.
Compensation & benefits
Through the PACT Act of 2022, veterans with kidney cancer may get healthcare benefits from VA-accredited facilities. This includes medical services for both physical issues, like chronic illness or injury, and mental health conditions.
Qualified veterans can also receive monthly tax-free disability compensation or disability pay. Depending on the disability rating, the disability pay may range between $175.51 and $4,544.23.
Kidney cancer as a presumptive condition
'Presumptive conditions' mean veterans don't have to prove their service caused their disease to get benefits and disability pay. Instead, the VA presumes that they developed the disease as a result of exposure to harmful chemicals during military service.
The VA considers both renal cell carcinoma and non-renal cell carcinoma, types of kidney cancers, presumptive. The VA disclosed that the list below of presumptive kidney cancers is not comprehensive and complete:
Renal cell carcinoma
- chromophobe
- clear cell
- clear cell papillary
- collecting duct
- medullary
- papillary
- unclassified types
Non-renal cell carcinoma
- renal sarcoma
- Wilms tumor
Studies linking toxic exposure to kidney cancer in veterans
Aside from genetics, environmental risk factors, like the constant exposure to carcinogens in military bases such as asbestos, PFAS (per- and polyfluoroalkyl substances), and Agent Orange, can increase the likelihood of developing kidney cancer.
Several studies have discovered that U.S. veterans are at a higher risk of acquiring kidney cancer, such as renal cell carcinoma. In addition, the chances for men in the military to develop renal cell carcinoma are around 5 to 6 times higher than those in the general population. The VA is currently studying the link between PFAS exposure and kidney cancer. PFAS is a key ingredient in military firefighting foams.
Legal support for veterans with kidney cancer
If you or a veteran you know has received a diagnosis of kidney cancer, you may be eligible to receive VA benefits and disability pay under the PACT Act of 2022. We encourage U.S. service members and their loved ones to reach out to our team of attorneys of Environmental Litigation Group, P.C., who can assist you and provide you peace of mind when dealing with toxic exposure claims.