Understanding the PACT Act and Presumptive Conditions

The PACT Act, signed into law in August 2022, expanded VA disability benefits for veterans exposed to toxic substances, including burn pits, Agent Orange, and other hazardous materials. Under 38 CFR § 3.309, the VA now recognizes dozens of new presumptive conditions—meaning you no longer need to prove direct service connection if you served in qualifying locations and timeframes.

Common presumptive conditions include respiratory cancers, chronic bronchitis, asthma diagnosed after service, and certain rare cancers. The list continues to grow, so check the latest PACT Act explainers for updates.

Who Is Eligible for PACT Act Benefits?

You may qualify if you served in Afghanistan, Iraq, the Gulf War, or other specified areas after August 2, 1990. Veterans from the Vietnam era exposed to Agent Orange or other toxins are also covered. Survivors of deceased veterans may be eligible for Dependency and Indemnity Compensation (DIC) if the veteran died from a presumptive condition.

To confirm your eligibility, review your service records and compare them to the VA’s list of qualifying locations and time periods. The VA claims hub provides detailed eligibility charts.

How to File a PACT Act Disability Claim

Start by gathering your service records, medical evidence, and any prior VA decisions. Use VA Form 21-526EZ to file a new disability claim. If you’ve previously been denied for a now-presumptive condition, you can file a Supplemental Claim using VA Form 20-0995.

Submit your claim online through VA.gov, by mail, or in person at a VA regional office. For help, attend local events like the Lawton PACT Act benefits event, where VA staff can answer questions and assist with paperwork. These events are especially useful for complex claims or if you need help with evidence gathering.

Maximizing Your Disability Rating

The VA rates each service-connected condition from 0% to 100% in 10% increments, based on severity. Multiple ratings are combined using the VA’s formula, not simple addition. Use the VA disability rating calculator to estimate your combined rating.

Higher ratings mean larger monthly payments. For example, as of 2026, a veteran with no dependents at 50% receives about $1,075/month, while a 100% rating pays over $3,600/month. Ratings also affect access to VA healthcare, commissary privileges, and other benefits.

Deadlines, Appeals, and Next Steps

There’s no deadline to file a new PACT Act claim, but claims filed by August 9, 2023, may be eligible for retroactive benefits back to August 10, 2022. If denied, you have one year to file a Supplemental Claim or a Notice of Disagreement (VA Form 10182) to appeal.

Stay informed about future outreach events and updates to the presumptive list. Visit the disability ratings hub and topic explainers index for ongoing guidance.