The PACT Act: Burn Pits and Toxic Exposure
The PACT Act expanded VA care and benefits for Gulf War era and post 9/11 veterans exposed to burn pits and other airborne hazards, and added new presumptive conditions.
The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022 is the largest expansion of VA benefits in decades. It presumes exposure to burn pits and other airborne hazards for veterans who served in specific locations and time periods, and it makes many conditions presumptive, so you generally do not have to prove the exposure caused the condition.
If you have a covered condition and qualifying service, VA presumes the connection. That removes one of the hardest parts of a toxic exposure claim, the nexus. VA also offers a free Toxic Exposure Screening to every enrolled veteran.
Who and where is covered
- Veterans who served in the Gulf War or post 9/11 era in locations such as Iraq, Afghanistan, the broader Southwest Asia theater, and several other countries and dates named in the law.
- Many Vietnam era locations were also added or clarified for Agent Orange (see the Agent Orange hub).
- Survivors of veterans who died from a covered condition may be eligible for DIC.
A Public Law 112-260 program. Eligible deployers get a free targeted clinical evaluation and document their exposure in writing. Registration is not a disability claim and is not required to file one, but it puts your name in the dataset VA uses to expand presumptive lists.
Qualifying locations and dates
The burn pit and airborne hazard presumption is location based. These are the complete statutory lists as written in 38 USC 1119. Open a row for the countries covered.
On or after August 2, 1990Gulf War era
Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, and the United Arab Emirates, plus the airspace above each. Any length of service in these places during the window counts.
On or after September 11, 2001Post 9/11 era
Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, and Yemen, plus the airspace above each. The law also lets the VA Secretary add other countries by determination.
What the presumption does38 USC 1119
For veterans with qualifying service, VA presumes exposure to burn pits and other airborne hazards without records proving you were near a pit. You still need a current diagnosed condition. For conditions on the PACT Act presumptive list, the connection to that exposure is presumed too.
Presumptive conditions on this site
Each opens its 38 CFR rating criteria. A listing here is not a promise of service connection; you still need a current diagnosis and qualifying service.
Start the claim
Because these conditions are presumptive, you file like any disability claim and identify the exposure. VA also offers a free Toxic Exposure Screening to enrolled veterans.
- VA Form 21-526EZ (disability compensation). File or refile a claim, including a PACT Act condition.
Related reading
The PACT Act expanded presumptive conditions for veterans exposed to burn pits and other toxins. Gulf War veterans have separate presumptive rules.
VA recognizes that certain illnesses are presumed service connected for veterans with qualifying service in specific times, places, or duty assignments. This guide walks every active presumptive category, what it covers, and the rule cites.
The VA Airborne Hazards and Open Burn Pit Registry, a Public Law 112-260 program, lets eligible deployers document their exposures and get a free clinical evaluation. The 2006 Curtis and Elliott memo is the contemporaneous Air Force document that warned commanders the Balad burn pit was an acute health hazard. Here is what each one is, what it does, and what it does not do.
Congress ordered VA to study the health effects of the jet fuels the military uses, and the report landed in September 2023. The findings cover memory, hearing, mood, lung function, and possible kidney and bladder cancer signals. Jet fuel exposure is not presumptive, so this research is exactly the kind of evidence that can support a direct service connection claim.
The military wrote down what was in the air, water, and soil at bases around the world, across decades of operations, monitoring that runs from the 1990s to today. POEMS, ILER, and a 2010 VA guidance document called Training Letter 10-03 can supply real exposure evidence, especially for conditions that are not presumptive. Here is what each one is, how to use it, and where to find it.
Put a new rating to work
Common questions
What is the PACT Act?
The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022 is the largest expansion of VA benefits in decades. It presumes exposure to burn pits and other airborne hazards for veterans who served in specific locations and time periods, and it makes many conditions presumptive, so you generally do not have to prove the exposure caused the condition.
Do I have to prove burn pit exposure caused my condition?
For a presumptive condition, generally no. If you served in a covered location during a covered period, such as Iraq, Afghanistan, or the broader Southwest Asia theater in the Gulf War or post 9/11 era, VA presumes the exposure. You show qualifying service and a current diagnosis of a covered condition, and VA presumes the connection. That removes the nexus, the hardest part of most toxic exposure claims.
What conditions did the PACT Act make presumptive?
More than 20 burn pit and airborne hazard conditions, including respiratory illnesses such as asthma diagnosed after service, chronic bronchitis, chronic obstructive pulmonary disease, chronic rhinitis, chronic sinusitis, constrictive bronchiolitis, emphysema, granulomatous disease, interstitial lung disease, pleuritis, pulmonary fibrosis, and sarcoidosis, plus many cancers, including brain cancer, glioblastoma, head and neck cancers, respiratory cancers, gastrointestinal cancers, kidney cancer, lymphoma, melanoma, pancreatic cancer, and reproductive cancers. It also added hypertension and MGUS to the Agent Orange list.
What is the Airborne Hazards and Open Burn Pit Registry?
A free program created by Public Law 112-260. Eligible veterans who deployed get a targeted clinical evaluation at no cost and document their exposure in writing. Registration is not a disability claim and is not required to file one, but it puts your exposure on the record and adds your name to the dataset VA uses to study and expand presumptive lists.
How do I file a burn pit claim?
You file like any disability claim, using VA Form 21-526EZ, and identify the exposure. If you were denied before a condition became presumptive under the PACT Act, you can refile. VA also offers a free Toxic Exposure Screening to every enrolled veteran, and a VA accredited representative can file the claim for you at no cost.
Where this comes from
- VA, The PACT Act and your VA benefits
- VA, Presumptive disabilities
- VA Public Health, jet fuels literature review
- VA, congressionally mandated jet fuels report (govinfo)
- VA Public Health, publications and reports on military exposures
- VA, K2 (Karshi-Khanabad) Surveillance Program
- VA, Airborne Hazards and Open Burn Pit Registry (register)
- VA Public Health, Airborne Hazards and Open Burn Pit Registry overview
- Curtis and Elliott Memo, Burn Pit Health Hazards (Balad AB, 20 Dec 2006)
- DCPH-A, Periodic Occupational and Environmental Monitoring Summaries (POEMS) library
- VBA Training Letter 10-03, Environmental Hazards (archived copy, NVLSP)