PACT Act Benefits: Retroactive Payment and Back Pay Explained

The PACT Act allows millions of service members exposed to harmful substances, like burn pits, Agent Orange, and other toxins, to get medical services and compensation. It became law on August 10, 2022. The VA then offered a one-year window for retroactive payments to qualified veterans. While the deadline (August 9, 2023) has since lapsed, eligible veterans can still claim backdated pay.

The PACT Act gives presumptive benefit status to over 20 types of cancer and other serious illnesses. This means service members diagnosed with these conditions can receive VA benefits and disability pay. For those with:

• New applications: Veterans or their dependents can still file after August 9, 2023. They can do so by submitting an Intent-to-File (ITF) or a completed application. If the VA approves their application, they may get their backdated pay from the date they filed their ITF or claim.
• Previously denied applications: The VA urges veterans with denied cases to file a Supplemental Claim. This is especially important if their condition is now on the PACT Act's list of presumptive conditions. Upon the submission of the Supplemental Claim, the VA will review the case to check their eligibility to receive medical services and disability pay.

Processing time of backdated pay

The VA does not have a clear timeline for processing and approving a PACT Act claim. However, they revealed that it takes an average of 166 days for them to complete processing a single application. Also, they do not specify how much back pay a veteran may receive. In some cases, the back pay may be released a month after the VA has approved a claim.

The VA has not revealed any specific factors that can affect the amount of retroactive payment. However, the most common factors for determining back pay included:

• Approval date or effective date
• Claim type
• Other unforeseen or unique circumstances, like a major disaster

This is why veterans and their dependents are encouraged to file their PACT Act claim as soon as possible to get timely benefits.

ELG Law can help with VA retroactive payments

Filing VA claims can be stressful. This is especially true when you face technical and legal jargon. If you're looking for expert guidance, we're here to help you. Our team of experienced attorneys has supported dozens of veterans in processing their claims for over 30 years. Just send us copies of your medical records and military documents so we can determine if you qualify. Let us help you get the much-needed benefits and compensation.