Understanding the PACT Act and Burn Pit Exposure

The PACT Act (Honoring our Promise to Address Comprehensive Toxics Act of 2022) expanded VA disability benefits for veterans exposed to toxic substances, including burn pits, Agent Orange, and other environmental hazards. If you served in locations such as Iraq, Afghanistan, or certain other areas after 9/11, you may now be presumed to have been exposed to these toxins. This means the VA will more readily connect certain health conditions to your service, making it easier to qualify for benefits.

The PACT Act added over 20 presumptive conditions, including respiratory cancers, asthma, and chronic bronchitis. To see the full list of covered conditions and locations, visit the explainers index or check 38 CFR §3.320.

Who Is Eligible to File a PACT Act Claim?

You may be eligible if you served in:

  • Afghanistan, Iraq, or other Southwest Asia locations after August 2, 1990
  • Certain areas in Africa, Southeast Asia, or on specific dates listed in the PACT Act

Eligible conditions include, but are not limited to, chronic bronchitis, asthma, emphysema, and several types of cancer. The VA presumes these conditions are service-connected if you meet the location and service requirements.

If you have a previously denied claim for a now-presumptive condition, you can file a supplemental claim. New claims can be filed if you have not applied before. For more on eligibility, see our VA claims hub.

How to File a PACT Act Disability Claim

To file a new claim, complete VA Form 21-526EZ. For a supplemental claim (if you were previously denied), use VA Form 20-0995. Submit these forms online at VA.gov, by mail, or in person at a VA regional office. Bring or upload medical evidence, service records, and proof of diagnosis for your condition. The VA may request a Compensation & Pension (C&P) exam.

There is no deadline to file, but claims filed by August 10, 2023, may receive retroactive benefits back to August 10, 2022. Claims filed after this date will be paid from the date of application. For help calculating your potential combined disability rating, use our VA disability rating calculator.

Getting Help at PACT Act Claims Events

The VA and organizations like LIHS are hosting events to help veterans file PACT Act claims. At these events, you can:

  • Get one-on-one help with forms and documentation
  • Ask questions about eligibility and the claims process
  • Receive updates on pending claims

Bring your DD214, medical records, and any previous VA correspondence. These events are a valuable opportunity to avoid common errors and ensure your claim is complete. Check local VA announcements or our VA claims hub for upcoming events in your area.

What Happens After You File?

After submitting your claim, the VA will review your application, request any needed exams, and make a decision. Processing times vary but average 125-150 days for new claims. You will receive a decision letter outlining your disability rating and monthly compensation amount. For more on how ratings are determined, visit our disability ratings hub.

If your claim is denied or you disagree with the rating, you have one year to appeal. Learn more about appeals and next steps in our explainer index.