Toxic exposure
PACT Act claims: burn pits, Agent Orange and toxic exposure
The PACT Act expanded presumptions for certain toxic exposures. A presumption can make it easier to establish service connection when the facts match the covered locations, dates, and conditions.
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What is the PACT Act?
The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act became law on August 10, 2022. It added presumptive service connection for certain conditions linked to burn pits, airborne hazards, and expanded Agent Orange locations. A presumption means the VA accepts that the condition is related to service when the veteran served in a covered location during a covered period and has a covered diagnosis, without the need for a specific nexus opinion in every case.
Compensation remains tax-free monthly pay for disabilities caused or worsened by service (38 U.S.C. §§ 1110, 1131). The basic elements’current disability, in-service event, and link’still apply, but a presumption satisfies the link for covered claims.
Who is covered for burn pits and airborne hazards?
The PACT Act created presumptions for veterans who served in locations where burn pits and airborne hazards were present. Covered conditions include certain cancers and respiratory illnesses. The exact locations and date ranges are defined in the statute and VA regulations. If your service matches a covered location and period and you have a covered diagnosis, the presumption may apply.
If a prior claim for a now-presumptive condition was denied, you can file a new claim. The VA will consider the presumption.
What new Agent Orange locations did the PACT Act add?
The PACT Act expanded the list of locations where Agent Orange exposure is presumed. Veterans who served in those locations during the relevant periods and who develop covered conditions may qualify under the presumption. The traditional Agent Orange presumptions for Vietnam and certain other locations remain in place.
What is the deadline for Gulf War undiagnosed illness?
For Gulf War veterans, an undiagnosed illness or a medically unexplained chronic multisymptom illness must manifest to a degree of 10 percent or more by December 31, 2026 (38 C.F.R. § 3.317). After that date the manifestation requirement changes. If you have symptoms that may qualify, file before the deadline so the evidence of manifestation is of record.
Can I re-file a denied toxic-exposure claim?
Yes. If the VA previously denied a claim for a condition that is now covered by a PACT Act presumption, you can file a Supplemental Claim or a new claim and ask the VA to consider the presumption. New and relevant evidence can include the fact of the new law itself. Filing within one year of a prior decision supports continuous pursuit under 38 C.F.R. § 3.2500(h) and can affect the effective date.
What about Camp Lejeune VA benefits?
Veterans who served at Camp Lejeune for 30 days or more between August 1953 and December 1987 may qualify for VA benefits for certain conditions linked to the water contamination. These are VA disability compensation claims. The separate Camp Lejeune Justice Act provides a different legal path for lawsuits; that lawsuit process is not covered on this page and is handled differently from VA benefits.
Free help is available from accredited Veterans Service Organizations. Requests submitted through this website are reviewed by Milberg, PLLC. VA Disability Help is a marketing service, not a law firm. Submitting a request does not create an attorney-client relationship.
Frequently asked questions
Does the PACT Act guarantee approval of my claim?
What is the Gulf War illness deadline?
Can I reopen a previously denied burn-pit claim?
Is Camp Lejeune covered by the PACT Act?
Do I need a nexus opinion for a presumptive condition?
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