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What Is the VA PACT Act? Coverage, Eligibility, and Benefits

Brandon Foster
July 3, 2023

The VA PACT Act is the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, the largest expansion of VA health care and benefits in the VA’s history. It expands health care eligibility and adds presumptive conditions for veterans exposed to burn pits, Agent Orange, radiation, and other toxic substances, so a covered veteran no longer needs to prove that exposure caused the illness. VetsForever is a veteran-founded organization that provides legal representation through VA-accredited representatives, and our team works with veterans nationwide on PACT Act claims, appeals, and conditions that were denied before the law expanded.

What is the PACT Act?

The VA PACT Act is a 2022 federal law that supports veterans exposed to toxic substances during military service. President Biden signed it into law on August 10, 2022, and the new presumptive conditions are in effect now. The VA chose to make the conditions effective immediately rather than phase them in over several years, which means qualifying veterans can act on them today.

The PACT Act does three core things:

  • It expands VA health care and disability benefits for veterans and families exposed to toxic substances, with a focus on burn pits, Agent Orange, and radiation.
  • It reforms how the VA adds presumptive conditions, creating a standing process to review new science and recognize new conditions over time.
  • It adds resources for claims processing, the VA workforce, and health care facilities so the VA can serve toxic-exposed veterans faster.

Who qualifies as a toxic-exposed veteran?

You may qualify if you took part in a toxic exposure risk activity during active duty, active duty for training, or inactive duty training, or if you deployed in support of a qualifying operation. Qualifying operations include:

  • Operation Enduring Freedom
  • Operation Freedom’s Sentinel
  • Operation Iraqi Freedom
  • Operation New Dawn
  • Operation Inherent Resolve
  • Resolute Support Mission

This expanded eligibility reaches millions of post-9/11 veterans exposed to toxic substances, and it also covers earlier generations of veterans who faced toxic exposure during their service.

Which exposures the PACT Act covers

Burn pits and airborne hazards

The VA presumes exposure for veterans who served in the Gulf War theater on or after August 2, 1990, and for veterans who served in additional locations during the post-9/11 era. You do not need to prove you worked at or stood near a burn pit.

Agent Orange and herbicides

The PACT Act added new Agent Orange presumptive locations, including Thailand, Laos, Cambodia, Guam and American Samoa, and Johnston Atoll. It also added new herbicide-related presumptive conditions, including high blood pressure (hypertension).

Radiation

The law added new radiation presumptive locations, including the Enewetak Atoll cleanup, the Palomares, Spain cleanup, and the response at Thule Air Force Base in Greenland.

Current presumptive conditions

A presumptive condition is one the VA treats as service-connected when you have qualifying service and a current diagnosis, even without a separate nexus opinion. Presumptive service connection is governed by 38 C.F.R. § 3.307 and § 3.309, as expanded by the PACT Act (Public Law 117-168). The PACT Act list has grown since 2022 and now includes conditions the original burn pit list did not, such as hypertension and monoclonal gammopathy of undetermined significance (MGUS).

Respiratory conditions on the list include:

  • Asthma diagnosed after qualifying service
  • Chronic bronchitis, chronic sinusitis, and chronic rhinitis
  • Chronic obstructive pulmonary disease (COPD) and emphysema
  • Constrictive or obliterative bronchiolitis, interstitial lung disease, pleuritis, and pulmonary fibrosis
  • Granulomatous disease

Cancers and other conditions on the list include:

  • Head, neck, gastrointestinal, kidney, pancreatic, and reproductive cancers of any type
  • Lymphoma of any type, melanoma, brain cancer, and glioblastoma
  • High blood pressure (hypertension) and MGUS

Because the VA continues to add conditions, always confirm your diagnosis against the official list before you assume you do not qualify. See the current list at va.gov/resources/the-pact-act-and-your-va-benefits.

What this means for your claim

For a presumptive condition tied to qualifying service, you do not have to prove the exposure caused the illness. In most cases you show your service in an eligible location during the qualifying period, often supported by your DD-214, plus a current diagnosis. If you file a claim without enough evidence, the PACT Act also lets the VA arrange a medical examination to assess the link between your condition and your toxic exposure.

Expanded VA health care

The PACT Act expanded VA health care for toxic-exposed veterans, and beginning March 5, 2024, the VA opened enrollment to millions of these veterans years ahead of the original timeline. Every veteran enrolled in VA health care can receive a toxic exposure screening, with a follow-up screening at least once every five years. What you pay for VA health care depends on your priority group and other factors, so check your eligibility and any costs directly with the VA.

Confirm health care eligibility and enrollment at va.gov.

Denied before the PACT Act? You can ask the VA to look again

If the VA denied a toxic exposure claim before the PACT Act, that denial does not have to stand. When a condition becomes presumptive, the standard that governs your claim changes.

The usual path is a Supplemental Claim on VA Form 20-0995, which lets you submit new and relevant evidence. The PACT Act itself can serve as that new evidence. The VA is also reviewing some prior denials on its own, but you do not need to wait for that review to file. Effective dates on refiled claims can be complex, and a VA-accredited representative can work to protect them.

How to take action

  1. Match your service. Confirm your locations and dates of service against the PACT Act exposure categories.
  2. Get a current diagnosis. The presumption still requires a diagnosed condition from the covered list.
  3. File the right form. Use VA Form 21-526EZ for a new claim, or VA Form 20-0995 for a Supplemental Claim if this condition was denied before.
  4. Protect your effective date. An Intent to File can preserve your date while you gather records.
  5. Get a case review. Our team can review your service history, diagnosis, and any prior denial, then map the strongest path forward.

Compensation depends on your combined rating. For current rates, see va.gov/disability/compensation-rates.

Watch: the PACT Act explained

In this episode of Beyond the Rating, Trinidad Aguirre, Navy veteran and CEO of VetsForever, breaks down what the PACT Act is, who it covers, how it keeps expanding, and why a previously denied claim may now qualify.

For the latest 2026 update, including new presumptive conditions and how to refile a denied claim, read The PACT Act in 2026 at vetsforever.com/blog/pact-act-2026-update.

Frequently asked questions

What can I claim under the PACT Act?

The PACT Act expands presumptive benefits for toxic exposure. Eligible veterans can claim covered conditions, including many respiratory illnesses and cancers, without proving the exposure caused the condition. You show qualifying service and a current diagnosis, and the VA presumes the connection.

Will the PACT Act increase my VA disability rating?

It can. The PACT Act adds presumptive conditions, which can make it easier to establish service connection for a condition tied to toxic exposure. Whether your overall rating changes depends on your specific diagnoses and the evidence on file. The VA assigns ratings case by case, and no result is guaranteed.

Do I have to prove my condition was caused by my service?

No. For a presumptive condition, you do not have to prove causation. You show qualifying service and a current diagnosis. Presumptive service connection is governed by 38 C.F.R. § 3.307 and § 3.309, as expanded by the PACT Act.

Does the PACT Act cover Agent Orange and radiation exposure?

Yes. The PACT Act added new Agent Orange presumptive locations, including Thailand, Laos, Cambodia, Guam and American Samoa, and Johnston Atoll, plus new conditions such as hypertension. It added new radiation presumptive locations, including the Enewetak Atoll and Palomares cleanups and the Thule Air Force Base response.

My claim was denied before the PACT Act. Can I file again?

Yes. If the VA denied a condition that is now presumptive, you can file a Supplemental Claim on VA Form 20-0995 with new and relevant evidence. The PACT Act itself can count as that new evidence. The VA is also reviewing some prior denials on its own.

Is there a deadline to file a PACT Act claim?

You can file a PACT Act claim at any time, and filing sooner can affect how far back your benefits reach. Effective-date rules are detailed, so confirm the current guidance at va.gov or get a case review.

Can survivors get benefits under the PACT Act?

Yes. If a veteran died from a PACT Act presumptive condition, surviving family members may qualify for Dependency and Indemnity Compensation (DIC). Survivors should check eligibility on va.gov or get a case review.