WASHINGTON, D.C. –– Continuing his efforts to provide health care and benefits to veterans exposed to toxins as required by the bipartisan PACT Act, U.S. Senator Angus King, a member of the Senate Veterans’ Affairs Committee (SVAC), is urging the Department of Veterans’ Affairs (VA) to swiftly update its disability benefits regulations. In a letter to VA Secretary Denis McDonough, the Senator is urging the VA to adjust the classifications of these respiratory conditions to ensure the VA implements the PACT Act the way Congress intended and veterans deserve.

Under the PACT Act, both constrictive bronchiolitis and hypertension were classified as presumptive disabilities, meaning the VA automatically presumes they are service-connected. Currently, VA Schedule for Rating Disabilities (VASRD) –– a guide used by the VA to determine the severity of service-related disabilities and how much disability compensation a veteran will receive –– prevents the VA from combining constrictive bronchiolitis with other respiratory conditions. This often leads to veterans being denied service-connection for the conditions because they have been granted a higher disability rating for another respiratory condition. As it stands now, this rule ignores the diverse impacts respiratory conditions can have on veterans' health. 

“Toxic-exposed veterans have waited decades to receive the benefits and recognition the PACT Act provides and we appreciate VA’s efforts to implement the largest expansion of VA health care and benefits in decades,” the Senators wrote in a letter to VA Secretary McDonough. “While more than 720,000 veterans and survivors have received PACT Act benefits, there are too many whose PACT Act claims have been wrongfully denied or underrated. Particularly concerning is outdated and insufficient VASRD diagnostic codes used to rate claims for constrictive bronchiolitis, as highlighted in a recent PBS News Hour article.”

“We understand constrictive bronchiolitis is difficult to diagnose without invasive procedures,” wrote the Senators. “However, VA’s use of pulmonary functions tests [in medical disability exams] –– which it uses to measure the severity of other respiratory conditions –– does not support sufficient specificity to accurately rate constrictive bronchiolitis claims.”

“This is not an issue for veterans who were recently diagnosed with hypertension and can present three blood pressure readings. However, the PACT Act expanded presumptive disability compensation benefits for veterans exposed to Agent Orange who have been diagnosed with hypertension –– many of whom have lived with the condition for decades,” continued the Senators. “Requiring veterans to locate blood readings from decades ago, or worse, incentivizing them to go off their medications to prove they still have hypertension is overburdensome and dangerous.”

“Veterans have waited decades for benefits and recognitions for health conditions related to their toxic exposure. Outdated VA regulations should not deny them earned benefits the PACT Act has provided,” the Senators concluded.

The Senators’ letter follows reporting from PBS News Hour detailing a lag in VA’s efforts to fix how veterans receive disability benefits for constrictive bronchiolitis, a health condition directly linked to Post-9/11 military installations in Southwest Asia, Afghanistan, and Djibouti.

The letter was also signed by Senators Jon Tester (D-MT), Kirsten Gillibrand (D-NY), Tammy Baldwin (D-WI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Sherrod Brown (D-OH), Maggie Hassan (D-NH), Martin Heinrich (D-NM), Patty Murray (D-WA), Gary Peters (D-MI), Bernard Sanders (I-VT), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Debbie Stabenow (D-MI), Chris Van Hollen (D-MD), Peter Welch (D-VT), and Sheldon Whitehouse (D-RI).

Representing a state with one of the highest rates of veterans per capita, Senator King is a staunch advocate for America’s servicemembers and veterans. A member of the Senate Veterans’ Affairs Committee, he works to ensure American veterans receive their earned benefits and that the VA is properly implementing various programs such as the PACT Act, the State Veterans Homes Domiciliary Care Flexibility Act, and the John Scott Hannon Act.  King has also repeatedly pressed the VA on the need to hire and retain more staff in order to meet the demand for veteran care. An advocate for amplifying veteran voices, King held a field hearing earlier this year focusing on long-term care in Maine. Most recently, he introduced a bipartisan bill that would help to streamline the veteran disability claims process. He also spearheaded the passage of legislation to better track and study servicemember suicides by job assignment. Last year, King introduced bipartisan legislation to support veterans with mental traumas, as well as celebrated President Biden signing his legislation into law, which increases benefits for veterans and military families.

 The full letter can be found here or below.

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Dear Secretary McDonough,

We write to request the Department of Veterans Affairs (VA) expedite its VA System for Rating Disabilities (VASRD) regulations for constrictive bronchiolitis and hypertension to improve its implementation of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act.

Toxic-exposed veterans have waited decades to receive the benefits and recognition the PACT Act provides and we appreciate VA’s efforts to implement the largest expansion of VA health care and benefits in decades. While more than 720,000 veterans and survivors have received PACT Act benefits, there are too many whose PACT Act claims have been wrongfully denied or underrated. Particularly concerning is insufficient VASRD diagnostic codes used to rate claims for constrictive bronchiolitis, as highlighted in a recent PBS News Hour article entitled “The VA has vowed to fix how veterans receive disability benefits for this burn pit injury. Critics say it’s taking too long.”

We understand constrictive bronchiolitis is difficult to diagnose without invasive procedures. However, VA’s use of pulmonary functions tests –– which it uses to measure the severity of other respiratory conditions –– does not support sufficient specificity to accurately rate constrictive bronchiolitis claims. VA’s regulations also prevent it from combining ratings for constrictive bronchiolitis and other respiratory conditions. This often leads to veterans being denied service-connection for constrictive bronchiolitis because they have been granted a higher disability rating for another respiratory condition. This special rule of denying service connection for one respiratory condition in favor of granting benefits for another ignores the fact that respiratory conditions have diverse impacts on veterans and fails to provide the validation they seek when applying for VA benefits for conditions related to their military service.

We have also heard from veterans who have had their claims for hypertension denied or rated at zero percent because they are managing their hypertension with effective medication. VA’s regulations require all hypertension diagnoses to be confirmed by “readings taken two or more times on at least three different days.” This is not an issue for veterans who were recently diagnosed with hypertension and can present three blood pressure readings. However, the PACT Act expanded presumptive disability compensation benefits for veterans exposed to Agent Orange who have been diagnosed with hypertension –– many of whom have lived with the condition for decades. Requiring veterans to locate blood readings from decades ago, or worse, incentivizing them to go off their medications to prove they still have hypertension is overburdensome and dangerous.

We appreciate your commitment to the successful implementation of the PACT Act and urge VA to address the specific concerns outlined in this letter as quickly as possible. Veterans have waited decades for benefits and recognitions for health conditions related to their toxic exposure. Outdated VA regulations should not deny them earned benefits the PACT Act has provided.

We thank you for you work to improve the lives of those who have worn our nation’s uniforms and look forward to continuing to work together to ensure the PACT Act delivers for veterans and survivors.

Sincerely,

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