In 2022, the  PACT Act was signed into law, allowing veterans suffering from conditions linked to toxic exposure to access compensation and free healthcare without having to prove a link between this exposure and their disease. 

However, PFAS, also known as the so-called forever chemicals, are not listed as presumptive toxic agents under this Act, despite evidence of their toxicity. 

These substances are widely used by the U.S. Military on a large scale, including firefighting foams and equipment, protective gear, lubricants, and coatings. Yet, clear documentation of exposure for veterans is lacking.

To address this problem, the PFAS Registry Act of 2023 was proposed. 

The act seeks to create a comprehensive national registry of active-duty personnel and veterans who may have been exposed to PFAS during their military service.

This registry would serve as both a tool for tracking long-term health outcomes and a mechanism for identifying exposure patterns across branches, bases, and roles. By collecting consistent data, the act seeks to close the gap in exposure documentation, which is currently a major barrier to compensating affected veterans.

Identifying exposure zones and environmental health risks in Lake County

The U.S. Geological Survey, or USGS, conducted a study in 2021 that found at least 45% of U.S. drinking water contains PFAS, with higher concentrations detected across various regions and states, including California. 

In the United States, a total of 720 military bases are contaminated with PFAS or are suspected of being contaminated with these chemicals. 

In California, 62 military facilities have been identified with known or suspected PFAS releases. While Lake County does not host major military installations, contamination can spread.

California has the largest veteran population in the country, with more than 1.8 million former service members. 

Almost 5.000 of these veterans live in Lake County, and many were stationed with their families across military bases in this state. 

Many of these veterans and their loved ones may now experience PFAS-related diseases, and cannot benefit from compensation unless they go through a lengthy bureaucratic and legal process of proving causality.

Barriers to implementing the PFAS Registry Act

With clear documentation of exposure and sufficient scientific evidence on toxicity, PFAS could be included as presumptive toxic agents under the PACT Act. However, the VA may be unable to sustain at this time an increase in claims processing, as well as an increase in funds allocated for compensation. 

Since the implementation of the PACT Act, over 1.7 million claims have been processed, with more than 1.1 million approved. This is a 25% increase in all claims approved when compared to 2021. More than 6.8 billion have been granted in compensation within the first two years since the Act took effect, whereas in 2021, the total amount granted in new claims was only $3.7 billion.

An analysis by the Office of Inspector General, or OIG, found that more than 31.000 PACT Act-related claims were processed with incorrect effective dates, resulting in approximately $6.8 million in improper payments. This raises significant concerns about the VA’s capacity to process a high volume of claims and grant proper compensation to veterans and their families. 

Even with well-documented evidence of exposure, including PFAS, and without the necessary staff and infrastructure for claims evaluation, errors may occur in the system.

Nevertheless, despite these barriers to implementing the PFAS Registry Act, as evidence of toxicity for various forever chemicals accumulates, so does social pressure. 

Veterans and their communities are increasingly demanding recognition, accountability, and support for PFAS-related illnesses. Ignoring the growing body of evidence not only delays justice but also undermines the very purpose of the PACT Act, which is to honor service with meaningful care and compensation.

Jordan Cade is an attorney at Environmental Litigation Group, P.C., working closely with veterans and their families to secure compensation for toxic exposure. He is a dedicated advocate for fair access to healthcare and legal support for communities affected by environmental hazards.