Department of Veterans Affairs Story Archives - West Virginia Public Broadcasting

VA Discusses PACT Act Claims After Processing Begins

Starting at the beginning of the year, the office of Veterans Affairs began processing claims relating to the Promise to Address Comprehensive Toxics, or PACT Act. This is a piece of legislation that expands health care for veterans exposed to burn pits, Agent Orange and other toxic substances. Shepherd Snyder spoke to Patrick Zondervan, acting director of the Huntington VA Regional Office, on what that means for West Virginia veterans.

The transcript below has been lightly edited for clarity.

Snyder: For those who might not know, can you tell me a little bit about what the PACT Act is and how it affects veterans’ health care?

Zondervan: Absolutely. The PACT Act is a historic new law that expands VA health care and benefits for veterans exposed to burn pits and other toxic substances. This law helps us to provide generations of veterans and their survivors with the care and benefits they’ve earned. This is perhaps the largest expansion of the veterans benefit in history, and it will empower VA to deliver care and benefits to millions of veterans who are exposed to toxic substances in the military.

Snyder: What happens to folks as a result of this kind of exposure to burn pits, and Agent Orange and other kinds of toxic substances?

Zondervan: When veterans served our country, many of them were exposed to toxic hazards, things like toxic air, radiation, smoke, Agent Orange, burn pits and other environmental hazards. Depending on a variety of factors, a person may experience health effects related to this exposure, things like waste burned, proximity, amount of time and frequency of exposure, perhaps things like wind direction and other weather related factors and the presence of other airborne or environmental hazards in the area.

Snyder: Why is this piece of legislation so important? And why does it matter for veterans and the families of veterans who are benefiting from this piece of legislation?

Zondervan: So, again, it will empower the VA to deliver the care and the benefits to millions of veterans who were exposed to toxic substances while in the military, and their survivors. When a veteran files for a VA disability claim, they can provide supporting evidence that their disability is connected to the military service. For many health conditions, veterans need to provide evidence such as medical records, supporting statements, etc., to prove that their military service caused the condition. But the PACT Act expands benefits for veterans exposed to burn pits, Agent Orange and other toxic substances, and adds a list of health conditions that the VA can now automatically assume, or presume, are caused by exposure to these substances, and remove that burden for the veteran. Additionally, with the PACT Act, veterans and their survivors can get toxic, exposure-related benefits and health care they have earned.

Snyder: How commonplace were some of these exposures to burn pits and Agent Orange in some of these conflicts like Vietnam and Gulf War, and I believe Iraq and Afghanistan?

Zondervan: So there were millions and millions of veterans who may have been affected by these toxic exposures. And you know, each veteran’s scenario will be different depending on where they were deployed, or where they were exposed. So that’s why it’s important that veterans file their claim as soon as possible, and that we have the opportunity to review the records to determine if they’re eligible for any sort of disability compensation or additional health benefits.

Snyder: Localizing that number to West Virginia – you mentioned millions of veterans were impacted by this. How many veterans in West Virginia are there, how many have fought in conflicts like the Gulf War or Vietnam and how many veterans are eligible for compensation here in the state?

Zondervan: So there are currently 135,190 veterans living in West Virginia. And of those, 99,994 are wartime veterans and 35,196 are peacetime veterans. So about 44 percent of them served in the Gulf War, about 45 percent of them served in Vietnam, 8 percent in the Korean conflict, and about 2 percent of them served in World War II.

Snyder: Can you talk about where veterans might be able to apply and claim these benefits?

Zondervan: Veterans can go to www.va.gov/pact, and find a lot more information about the PACT Act, and how to file a claim. Again, they can also call us 1-800-MYVA411, which is 1-800-698-2411. There they can learn more about this bill, and what it means for them and their families.

Snyder: Before we end things off here, was there anything else you wanted to mention in closing that we didn’t get to otherwise?

Zondervan: What I’d like to state is first, we at the VA want you as veterans to apply for the PACT Act back benefits and care right now. Second, VA began processing most of our PACT Act related claims of benefits on Jan. 1, so we’ve already started this. That was the earliest date that we could start processing these claims.

If you apply for the PACT Act related benefits before August of this year, 2023, then your benefits will be backdated to August of 2022. So you need to get your claims in as soon as you can. Third, some veterans are worried that applying for PACT Act benefits will perhaps impact their current benefits. But the truth is, if you file a claim, there’s a 97 percent chance that your benefits will either increase or stay the same. So they don’t need to really worry and wait, they need to apply as soon as possible, preferably today.

Fourth, there are people out there who will try to convince veterans that they need to pay someone or use a lawyer to apply for VA benefits. But that’s not true. Applying for the PACT Act benefits is 100 percent free. It’s easy. And you can do it by working directly with the VA or with a Veteran Service Organization.

VA Recommends Reducing W.Va. Services

West Virginia leaders are concerned plans to modernize the Veterans Affairs medical system will significantly reduce treatment options in the state.

In March, the Department of Veterans Affairs’ (VA) presented recommendations to the Asset and Infrastructure Review (AIR) Commission to modernize services and address aging buildings within the VA health care system over the next decade.

Within those recommendations, three VA Medical Centers in West Virginia – The Beckley VA Medical Center, the Louis A. Johnson VA Medical Center in Clarksburg, and the Hershel “Woody” Williams VAMC in Huntington – would see a reduction in services.

In a press release Thursday, Ted Diaz, secretary of the West Virginia Department of Veterans Assistance said, “I do not believe veterans should have to choose between living in communities they love and having reasonable access to health care.”

Diaz and his staff have called on West Virginia’s federal elected leaders in D.C. to oppose the recommendations.

Clarksburg and Huntington would have their emergency departments converted to urgent care centers. All three locations would no longer offer in-patient medical and surgical services. The VA says veterans can turn to other medical providers in their area for these services.

The VA will instead focus on community living centers for an aging regional veteran population.

The recommendations include building a new VAMC in Beckley to replace the current facility that dates to 1950, but upon reopening its focus would be on out-patient treatment.

The VA cited projected decreases in enrolled veterans through 2029 of between 12.5 percent and 15 percent in all three of the medical centers’ markets as justification for these recommendations.

Third Family Comes Forward in Probe of VA Hospital Deaths

A third family has come forward in an investigation of multiple suspicious patient deaths at a Veterans Affairs hospital in West Virginia.

Attorney Tony O’Dell says Thursday he’s representing the family of Navy veteran John Hallman after the 87-year-old died last year at the Louis A. Johnson VA Medical Center in Clarksburg.

Federal prosecutors are probing the deaths of up to 11 patients at the facility. Attorneys representing the families of men who died say at least two of the deaths have been ruled homicides, with both veterans dying from wrongful insulin injections.

O’Dell says Hallman died suddenly after his blood sugar spiked, indicating another wrongful insulin injection.

Separately, the VA inspector general this week confirmed an investigation of multiple sexual assaults at another VA facility in West Virginia.

US Attorney: Investigation Into VA Deaths a 'Top Priority'

A U.S attorney is confirming that federal authorities are investigating suspicious deaths at a Veterans Affairs hospital in West Virginia, as more federal officials demand answers.

Sen. Joe Manchin and VA Secretary Robert Wilkie have called for an expedited investigation of up to 11 suspicious deaths at the facility in Clarksburg. At least two have been classified as homicides.

U.S. Attorney Bill Powell said in a statement on Friday that the “ongoing and comprehensive federal criminal investigation” into the deaths of some patients at the Louis A. Johnson VA Medical Center began as soon as potential criminal activity was discovered and is a top priority.

Powell said he understands the call for a speedy resolution. He declined to comment further to protect the integrity of the investigation.

Ojeda Says VA Leak Derailed His Congressional Bid

Former Army Maj. Richard Ojeda says his West Virginia congressional campaign was derailed by a Department of Veterans Affairs employee who’s charged with leaking medical records.

The former Democratic state senator and one-time presidential hopeful filed suit against the VA on Thursday. He’s seeking documents relating to the agency’s investigation of former claims assistant Jeffery S. Miller.

Federal prosecutors have accused Miller of unlawfully accessing and sharing the medical records of an unidentified public figure. Miller’s lawyer didn’t immediately return a voicemail seeking comment.

Ojeda’s filing identifies himself as the public figure mentioned in the federal case against Miller. He says his medical records were distributed among high-ranking Republicans in a bid to hurt his 2018 race against current-Rep. Carol Miller.

A spokeswoman for the congresswoman says Carol Miller isn’t related to Jeffery S. Miller. She says the congresswoman has never seen the medical records and knew nothing about the matter.

Ojeda’s lawsuit says the VA’s investigatory documents will “prove a concerted effort to undermine his candidacy and forever damage his reputation.”

Miller defeated Ojeda in the race for West Virginia’s 3rd Congressional District after a key endorsement from President Donald Trump, who carried the district by nearly 50 percentage points in 2016. Trump won the entire state by 68 percentage points.

Just days after losing to Miller, Ojeda announced he was running for president in 2020. He stepped down from his state Senate seat so he could campaign but then abandoned his presidential bid after about two months as a candidate, saying he wasn’t getting enough money or attention.

VA Expands Coverage for Veterans Through Urgent Care Clinics

About 40 percent of veterans who receive medical care through the Veterans Health Administration are now covered at urgent care clinics. This expansion of benefits for veterans is part of the Mission Act, which went into effect last month.

Veterans with a service-connected disability used to have to pay out of pocket if they went to an urgent care facility. Now, if veterans have been waiting for care for a long time, or if they live far from a VA hospital, they can receive care through private doctors in their local community.

James McCormick is a veteran in West Virginia, and he’s recently been named the National Junior Vice Commander of the Military Order of the Purple Heart. He said the new expansion of benefits could have an especially big impact for veterans in the Mountain State.

“In an area that’s rural, where the distance to a VA is often 100 miles or more, this is actually a really good thing,” McCormick said.

But he said, not many veterans he’s spoken to are aware that they can now use their VA benefits to go to urgent cares.

“It needs to be better communicated. Not all of them know about it. Very few in the mainstream know about it.”

According to a press release from the Beckley VA Medical Center, the new urgent care benefit is meant to give veterans “a convenient way to get treatment for minor injuries and illnesses such as colds, strep throat and pink eye.”

McCormick said that while this new benefit is very helpful, he hopes it doesn’t lead to a funding reduction, or loss of resources for the VA health system.

“We definitely don’t want that to distract or take away from the support or the funding of the existing medical system that we have in place. It’s very important to us as veterans that we have that,” McCormick said.

He said that overall, he’s been happy with the care he’s received through the VA. He suffers from chronic pain, a result of multiple gunshot wounds he received while in Iraq, and when he decided to get away from taking opioids, he was able to treat his pain with a specialized alternative type of pain management therapy at the VA in Huntington.

These types of innovative, alternative therapies are what he hopes the VA will continue to put resources into in the future, as well as increased access to local care, so veterans aren’t having to wait to receive medical care.

“So that’s why I was real excited to see this, you know, giving them access to an urgent care system, a local doctor, someone that they could go to and get assistance right away, I think that’s a good step in the right direction, but we still have a few more steps we have to take.”

Although the VA Mission Act passed through Congress with bipartisan support, some Democratic lawmakers say they hope it won’t set a precedent for more privatization of the VA medical system.