CLAIM RECON INTEL

DC Various | 38 C.F.R. § 3.320 | M21-1, Part IV.ii.1.D.6

OVERVIEW

The PACT Act (P.L. 117-168, signed August 10, 2022) expanded VA healthcare and benefits for veterans exposed to burn pits, Agent Orange, and other toxic substances. It established presumptive service connection for over 20 conditions related to toxic exposure, created a new toxic exposure screening for all veterans, and eliminated the need to prove a direct nexus for certain conditions. Veterans who served in Southwest Asia, Afghanistan, or other covered locations after August 2, 1990 are covered. The law also established a concession for any cancer diagnosed in a veteran with toxic exposure.

RATING CRITERIA (1 LEVELS)

KEY EVIDENCE TO GATHER

-DD-214 showing service in Southwest Asia, Afghanistan, or other covered locations

-VA Airborne Hazards and Open Burn Pit Registry enrollment

-Deployment records showing proximity to burn pit sites

-Medical records showing diagnosis of a PACT Act presumptive condition

-Buddy statements describing burn pit exposure (what was burned, proximity, duration)

-Service medical records showing respiratory or other complaints during/after deployment

SECONDARY CONDITIONS (5 MAPPED)

C&P EXAM TIPS (5)

1.Register in the VA Airborne Hazards and Open Burn Pit Registry immediately if you have not already.

2.Under the PACT Act, you do NOT need to prove a direct nexus for presumptive conditions. Your service location and dates establish the exposure.

3.File for EVERY condition you have that could be related to toxic exposure. The PACT Act is designed to give you the benefit of the doubt.

4.If you have been denied for a respiratory condition in the past, file a supplemental claim citing the PACT Act as new and relevant evidence.

5.The PACT Act covers all eras of toxic exposure, not just post-9/11. Agent Orange, radiation, contaminated water at Camp Lejeune, and other exposures are included.

RELEVANT CASE LAW

DOLLAR IMPACT

The PACT Act itself does not provide a specific dollar amount. However, it opens the door to claims for respiratory conditions (30-100%), cancers (various), and other conditions that individually carry significant compensation. Many veterans are adding 30-60% or more to their combined ratings through PACT Act claims.