Burn Pit Claims Under the PACT Act: Presumptive Conditions, Eligibility, and How to File
What the PACT Act Changed
The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act, signed August 10, 2022, is the most significant expansion of VA healthcare and benefits in decades. It establishes presumptive service connection for conditions related to burn pit and toxic exposure, meaning the VA concedes that veterans who served in covered locations were exposed to toxins -- no individual proof of exposure required.
Before the PACT Act, veterans had to individually prove that their specific illness was caused by burn pit exposure. Most claims were denied because the VA demanded scientific certainty for a causal link between specific toxins and specific conditions -- a standard that was nearly impossible to meet. The PACT Act eliminates this burden for qualifying veterans and conditions.
Who Qualifies
Veterans who served in a covered location during a specified period are presumed to have been exposed to toxic substances. Covered locations and periods include: Southwest Asia theater of operations (Iraq, Kuwait, Saudi Arabia, etc.) on or after August 2, 1990; Afghanistan on or after September 19, 2001; other locations including Syria, Jordan, Egypt, Lebanon, Yemen, Uzbekistan, and others during specified periods. The full list is in 38 C.F.R. \u00A7 3.320.
If you deployed to any of these locations, you qualify. Deployment records (DD-214, deployment orders, travel vouchers) are sufficient evidence of service in a covered location. You do not need to prove you personally inhaled burn pit smoke or stood near a specific burn pit.
Presumptive Conditions
The PACT Act added 23+ conditions as presumptive for toxic-exposed veterans. Cancers include: bladder, head, neck, respiratory (any type), gastrointestinal (any type), reproductive (any type), glioblastoma, lymphatic (any type), lymphomatic (any type), kidney, melanoma, pancreatic, and any cancer for which DOD established a link to toxic exposure. Respiratory conditions include: constrictive bronchiolitis, constrictive obliterative bronchiolitis, diffuse large B-cell lymphoma, and other respiratory illnesses per the VA's expanding list.
Additionally, the PACT Act concedes toxic exposure for the purpose of establishing a nexus for ANY condition -- not just the presumptive list. This means if you have a condition not on the presumptive list but your doctor can write a nexus letter connecting it to toxic exposure, the VA can no longer deny that you were exposed.
How to File a PACT Act Claim
File on VA.gov or through a VSO. If filing for a presumptive condition, your claim needs: (1) evidence of service in a covered location (DD-214, deployment records), (2) a current medical diagnosis of a covered condition, and (3) no nexus letter required -- the presumption does the work.
If you were previously denied for a burn pit condition before the PACT Act, file a Supplemental Claim (VA Form 20-0995) citing the PACT Act as new and relevant evidence. This is not a new claim -- it is a continuation of your original claim, which means your effective date may go back to the original filing date. The PACT Act specifically created this pathway for veterans who were previously denied.
The Airborne Hazards and Open Burn Pit Registry
Enroll in the Airborne Hazards and Open Burn Pit Registry (AHOBPR) at va.gov/registry. This is a health questionnaire that documents your exposure history. While enrollment is not required to file a claim, it creates an official record of your self-reported exposure and symptoms. This registry data is available to researchers and strengthens the overall evidence base for burn pit conditions.
The PACT Act also established a 10-year period of enhanced eligibility for VA healthcare for post-9/11 combat veterans. If you served in a combat zone after September 11, 2001, you may be eligible for VA healthcare even without a service-connected disability rating. Enroll at your local VA medical center.