Question:
Hi Jim,
With this PACT bill being passed, I am now eligible for the burn pit registry. I am being treated by the VA for allergic rhinitis and I am 100% P&T since October of 2020. I have been TDIU P&T since November of 2016. I served overseas in 2003 and I was discharged January of 2004 from the NG.
I read that the condition must have occurred no more than 10 years after one is discharged to be able to file a claim. I started receiving treatment for allergic rhinitis in 2016. Since this is a presumptive issue would VA have to go back to the date I was discharged from active duty which was September of 2003 and back pay me up to a certain period of time? I really would like to know if I should file a claim since I served in a burn pit area and I suffer from the condition and I am on medication for the condition. Thanks.
Jim's Reply:
You're way ahead of the game at this point. The PACT was passed by Congress but now must be ratified by the VA. I can't predict how those regulations will look after VA marks them up so I don't know what effect filing a claim would have on your status.
However...if I had to guess you'd likely get a 10% or 20% rating and since you're already 100% that wouldn't have any effect on your rating. No...VA won't pay you back to the date of discharge since this law wasn't in effect at that time. I'd predict that filing for this condition won't change your financial status at all. Good luck sir.