'Really hit hard for me': Wisconsin veteran mistakenly denied PACT Act benefits

Expanded benefits

What we know:

WAUKESHA, Wis. - Veterans exposed to harmful chemicals while serving the U.S. overseas are eligible for expanded benefits under a relatively new law.

As more people file claims for the benefits with the U.S. Department of Veterans Affairs (VA), some are frustrated by their denials.

A Gulf War Vet's experience

Sonia Schneider was raised to value public service. After graduating from high school in 2003, she joined the National Guard.

"I come from a family of veterans," Schneider told Contact 6. "9/11 happened while I was in high school, so it was pretty fresh."

Today, Schneider is still in public service but wears a different uniform. She works for the Waukesha Police Department.

In 2021, when a man drove into the Waukesha Christmas parade and killed six, Schneider tried to intercept the vehicle. She was among officers on scene who responded to the victims. In 2022, she testified in the homicide trial.

A cancer diagnosis

Local perspective:

Now, Schneider is out of uniform discussing something personal: the discovery of a tumor on her ovary. She'd suffered through years of misdiagnosis.

FREE DOWNLOAD: Get breaking news alerts in the FOX LOCAL Mobile app for iOS or Android

"They put it at stage 1 ovarian cancer," said Schneider. "(The surgeon) removed the tumor and the ovary that it was attached to. They took my fallopian tubes."

Schneider recalls being in constant pain until the tumor's discovery.

"I couldn't even wear by duty belt while I was working. I would have to have it unhooked," said Schneider.

The PACT Act

What we know:

Schneider's pain isn't all physical. As a veteran, she's eligible for disability benefits under something called The PACT Act. In 2022, the law significantly expanded VA benefits for millions of veterans.

"I was in Iraq and Kuwait, that's covered under Gulf War veterans," explained Schneider.

The PACT Act says any veteran who served in regions with certain toxins, like burn pits in Iraq or Agent Orange in Korea, presumptively qualifies for disability coverage if diagnosed with specific cancers or illnesses. 

On the VA's list of presumptive conditions is "reproductive cancer of any type."

Filing her claim

Schneider filed a claim for PACT Act benefits. She got a letter in February stating she didn't qualify.

"The denial of the claim really hit hard for me, emotionally," said Schneider. "The form that came back acknowledged that I was a PACT Act veteran and qualified for the reproductive cancer, but it still showed ‘denied.’"

Claim denials

Dig deeper:

Jim Brzezinski is president of Tabak Law. He used to work for the VA but now represents veterans in claim denials.

Brzezinski says PACT Act cases have become a huge part of Tabak Law's business.

"I don't necessarily think it's malicious, but at the end of the day, whether it's malicious or not, it hurts the veteran," said Brzezinski.

Schneider's denial letter states there's no evidence to link her cancer to her service.

"The medical examiner felt this was not due to my time overseas," explained Schneider.

Brzezinski says under the PACT Act, Schneider shouldn't have to prove that her service caused her cancer.

"If it's presumptive, you don't need a medical opinion. You just get it," said Brzezinski.

A VBA Study

A study released in December 2024 found that the Veterans Benefits Administration (VBA) had been incorrectly processing claims when denying benefits under The PACT Act.

The study states that "claims processors sometimes requested unwarranted examinations" and medical opinions "for disabilities the PACT Act presumed to be connected to service."

The study concluded those exams led to unnecessary payments and wrongful denials.

"It really was detrimental, and it was found to be super common," said Brzezinski. "There are changes that need to happen."

The study blamed a surge of new hires and the speed at which the law was implemented for the errors. It recommended the VA update its procedures.

"I shouldn't have to fight for (the benefits)," said Schneider.

The VA's response

What they're saying:

A spokesperson for the VA sent Contact 6 a statement:

"As of late March 2025, VA had completed nearly 2.18 million PACT Act claims, approving more than 74% of them.

VA’s accuracy rate for individual medical claims is nearly 93% over the last three months. In the rare instances where a mistake is made, VA moves quickly to correct the situation, as it did in Ms. Schneider’s case."

The reversal

Schneider filed an appeal. Weeks after her initial denial, her claim was approved in late February at 90% disability for her ovarian cancer and secondary conditions. It amounts to about $2,400 a month.

"Ultimately, they identified that they made errors," said Schneider. "The amount of stress that this brings to veterans needs to be talked about."

SIGN UP TODAY: Get daily headlines, breaking news emails from FOX6 News

Since her hysterectomy and the tumor's removal, Schneider says her cancer has not spread. 

Schneider says while her VA claim for her cancer is resolved, she's still waiting on final approval of five more diagnoses. The VA sent her back for another exam and she hopes to qualify for 100% disability.

How to get help

What you can do:

An American Legion representative helped Schneider with her appeal. The VFW also assists veterans with claims. Service managers tell Contact 6 they're busy with PACT Act denials. 

One service officer says the number of incorrect PACT Act denials seems to be decreasing.

"I would say it is getting better," said James Fialkowski, Department Service Officer with the American Legion of WI, in an email to Contact 6. "The VBA has taken steps to stop unnecessary opinion requests ... [which] were one of the biggest reasons for incorrect denials."

A service officer for the Wisconsin VFW says there have been changes made over the years to better streamline cases, including the use of AI. He says the changes make processing claims faster but can also lead to mistakes when AI mislabels or cancels claims.

"It is not really getting worse or better. It is what it is," wrote Timothy Neary, Department Service Officer for the Wisconsin VFW. "We as the advocates have to adjust to help our clients and evolve with the VA in these matters."

Looming job cuts

Contact 6 asked Fialkowski whether the elimination of thousands of VA jobs could impact claim processing in the future. Fialkowski says if workers being trained to process claims are among those cut, the VBA could eventually be inundated by claims.

"In the long run, if they do take a bunch of those people away, it'll hurt claims," said Fialkowski. "Meaning, it'll keep taking longer."

Contact 6's full interview with Fialkowski is available on FOX Local. In the interview, he discusses how PACT Act claims are processed, how veterans benefit from the PACT Act, and how incorrect denials impact veterans.

VA on job cuts

Contact 6 asked the VA about the anticipated job cuts. A representative sent a statement:

"VA will run through a deliberative process and find ways to improve care and benefits for Veterans without cutting care and benefits for Veterans.

We're not talking about reducing medical staff or claims processors, we're talking about reducing bureaucracy and inefficiencies that are getting in the way of customer convenience and service to veterans.

Meanwhile, all VA mission-critical positions are exempt from cuts, and hiring continues for more than 300,000 essential positions.

In February, the VA said it was processing disability claims "faster than ever before."

Contact 6WaukeshaVeterans IssuesNews