Deadline nears for vets to get maximum benefits after exposure to burn pits, other toxins

Before Minnesota National Guard veteran Rudy Ruiz died of T-cell lymphoma in December, he made sure to get his affairs in order. He got his two teenage sons and two elementary-school-age daughters to join him bedside. He made plans for them: The boys would live with Ruiz's uncle in St. Louis Park, the girls with their grandmother in Wisconsin.

And Ruiz — a single dad born in Texas, raised in north Minneapolis and living near New Ulm — was sure to apply for new federal benefits available to military members sickened by burn pits, Agent Orange and other toxins. He wanted to ensure a secure financial future for the kids he'd leave behind after exposure to burn pits in Iraq brought on the cancer that killed him at 45.

"It was a relief that the kids are taken care of, that they'll attend college for free," said Gabriel Rios, the uncle now raising Ruiz's sons. "The kids all got a lump sum as a death benefit — not enough for the life of their dad, but something."

This week marks an important deadline for veterans and their survivors to apply for such benefits under the PACT Act. For applications received through Aug. 9, benefits will be backdated to Aug. 10, 2022, when President Biden signed the act — which expanded eligibility and added dozens of cancers and respiratory conditions as "presumptive conditions." That could mean substantial backpay, though veterans may still apply after the deadline.

"It's been a long time since some veterans of Iraq or Afghanistan served, and there's a lot of survivors out there who weren't aware of the benefits — or were originally told no," said Trent Dilks, legislative director for Disabled American Veterans of Minnesota. "Let's say a veteran passed away five years ago from one of the cancers or respiratory conditions covered by the PACT Act. If they passed away five years ago, that cancer wouldn't have been recognized as presumptive as caused by exposure to toxins. Now it is."

Dilks said reaching survivors of deceased veterans has been a battle.

"For survivors, we're struggling to get the word out," he said. "They're likely not as connected to the veterans world."

Veterans may also submit an intent to file, a simple process that extends their deadline. The PACT Act also funded in-depth VA screenings for veterans exposed to toxins.

Rios, with three grown children and three grandchildren, is adjusting to having teenagers in his house. But it's been a joy to see parts of his nephew in Ricky, a senior at St. Louis Park High School, and Rudy Jr., a sophomore.

"Rudy was more worried about his kids, and about a friend he did his tour of Iraq with, than he was worried about himself," Rios said. "He just said it was luck of the draw."