VA Disability Rating for Burn Pit Exposure (PACT Act): Complete Claims Guide

Bottom Line Up Front

The PACT Act (Promise to Address Comprehensive Toxics Act of 2022) is the largest expansion of VA benefits in decades, adding 23+ presumptive conditions for veterans exposed to burn pits and other toxic substances. If you served in qualifying locations and develop a presumptive condition, you don't need to prove the connection—service connection is presumed. Key conditions include respiratory cancers, chronic respiratory diseases, and constrictive bronchiolitis. The law also extends the presumptive period and toxic exposure screening for all veterans. File your claim now—many conditions can be backdated to the PACT Act's effective date if filed within certain timeframes.

What Is the PACT Act?

The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act became law on August 10, 2022. It:

Adds 23+ presumptive conditions for toxic-exposed veterans
Expands Agent Orange presumptions to new locations and conditions
Creates toxic exposure screening for all veterans in VA care
Removes requirement to enroll within 5 years for combat veterans
Expands eligibility for VA health care for toxic-exposed veterans

Qualifying Service Locations

Post-9/11 Locations (Burn Pit Presumptive)

On or after August 2, 1990:

Afghanistan
Djibouti
Egypt
Jordan
Lebanon
Syria
Yemen
Uzbekistan
And airspace above these locations

On or after September 11, 2001:

Iraq
Kuwait
Saudi Arabia
Bahrain
Qatar
UAE
Oman
Gulf of Aden
Gulf of Oman
Persian Gulf
Arabian Sea
Red Sea
Somalia

Additional Toxic Exposure Locations

Vietnam, Thailand, Korea (Agent Orange)
K-2 Karshi-Khanabad Air Base, Uzbekistan
Other locations with documented toxic exposure

PACT Act Presumptive Conditions

Respiratory Cancers (Presumptive)

Lung cancer (any type)
Laryngeal cancer
Bronchial cancer
Tracheal cancer
Pleural cancer

Other Cancers (Presumptive)

Head cancer (of any type)
Neck cancer (of any type)
Respiratory cancer (of any type)
Gastrointestinal cancer (of any type)
Reproductive cancer (of any type)
Lymphoma (of any type)
Lymphomatic cancer (of any type)
Kidney cancer
Brain cancer
Melanoma
Pancreatic cancer
Glioblastoma

Respiratory Conditions (Presumptive)

Asthma (diagnosed during or after service)
Chronic bronchitis
COPD (Chronic Obstructive Pulmonary Disease)
Constrictive bronchiolitis (obliterative bronchiolitis)
Emphysema
Granulomatous disease
Interstitial lung disease
Pleuritis
Pulmonary fibrosis
Sarcoidosis
Chronic rhinitis
Chronic rhinosinusitis
Chronic sinusitis
Hypersensitivity pneumonitis

How to File a PACT Act Claim

Step 1: Confirm Qualifying Service

Review your DD-214 for deployment locations
Gather deployment orders if available
Document dates of service in qualifying locations

Step 2: Get Diagnosed

Obtain diagnosis of presumptive condition
Get current treatment records
Pulmonary function tests (for respiratory conditions)

Step 3: File Your Claim

File VA Form 21-526EZ
Select "toxic exposure" as basis for claim
List specific presumptive condition
Include DD-214 showing qualifying service

Step 4: Attend C&P Exam

Examiner will confirm diagnosis
Rate severity under appropriate diagnostic code

Rating Your Condition

Each presumptive condition is rated under its specific diagnostic code:

Respiratory Conditions (DC 6600-6847)

Asthma (DC 6602):

Rating	Criteria
10%	FEV-1 of 71-80% predicted; or FEV-1/FVC of 71-80%; or intermittent inhalational or oral bronchodilator therapy
30%	FEV-1 of 56-70% predicted; or FEV-1/FVC of 56-70%; or daily inhalational or oral bronchodilator therapy; or inhalational anti-inflammatory medication
60%	FEV-1 of 40-55% predicted; or FEV-1/FVC of 40-55%; or at least monthly visits to a physician for required care of exacerbations; or intermittent (at least 3 per year) courses of systemic corticosteroids
100%	FEV-1 less than 40% predicted; or FEV-1/FVC less than 40%; or more than one attack per week with episodes of respiratory failure; or daily use of systemic corticosteroids or immuno-suppressive medications

COPD/Chronic Bronchitis (DC 6600):

Rating	Criteria
10%	FEV-1 of 71-80% predicted; or FEV-1/FVC of 71-80%; or DLCO (SB) 66-80% predicted
30%	FEV-1 of 56-70% predicted; or FEV-1/FVC of 56-70%; or DLCO (SB) 56-65% predicted
60%	FEV-1 of 40-55% predicted; or FEV-1/FVC of 40-55%; or DLCO (SB) 40-55% predicted; or maximum oxygen consumption of 15-20 ml/kg/min (with cardiorespiratory limit)
100%	FEV-1 less than 40% predicted; or FEV-1/FVC less than 40%; or DLCO (SB) less than 40% predicted; or maximum exercise capacity less than 15 ml/kg/min oxygen consumption (with cardiac or respiratory limitation); or cor pulmonale; or right heart failure; or need for outpatient oxygen therapy

Cancers

Cancer ratings vary by type, treatment status, and residuals:

Active cancer: Often rated 100% during treatment
Post-treatment: Rated based on residuals
Each cancer has specific diagnostic codes and criteria

Evidence You Need

For Presumptive Conditions

DD-214 showing service in qualifying location
Current diagnosis of presumptive condition
NO nexus letter required for presumptive conditions

For Non-Presumptive Conditions

Service in toxic exposure location
Diagnosis of condition
Nexus opinion linking condition to exposure

Severity Evidence

Pulmonary function tests (for respiratory conditions)
Treatment records
Imaging studies
Pathology reports (for cancers)

Key PACT Act Dates

August 10, 2022

PACT Act signed into law
Cancers become presumptive immediately

October 1, 2022

Respiratory conditions become presumptive

Effective Dates for Claims

If you file within certain timeframes, effective dates may go back to the law's enactment
File as soon as possible to preserve earliest effective date

Toxic Exposure Screening

The PACT Act requires VA to screen all veterans for toxic exposure during health care appointments. This includes:

Questions about service locations
Potential exposure assessment
Referral for evaluation if needed

If you haven't been screened, request a toxic exposure screening at your next VA appointment.

Personal Statement Template

Personal Statement for Burn Pit/Toxic Exposure Claim

I, [Full Name], submit this statement for [specific condition] as a result of toxic exposure during my military service.

Qualifying Service: I served at the following locations during qualifying periods:

[Location 1]: [Dates of service]
[Location 2]: [Dates of service]

Exposure: During my deployment(s), I was exposed to:

Burn pit smoke [describe proximity, frequency]
[Other toxic exposures if applicable]

The burn pits at [location] burned:

Trash and waste materials
Plastics and chemicals
Medical waste
Vehicle parts and oils
[Other materials]

I was exposed to burn pit smoke [daily/regularly/frequently] for [duration].

Condition: I have been diagnosed with [specific condition] by [doctor/facility] on [date].

Symptoms:

[Describe current symptoms]
[Impact on breathing, daily activities, work]

Timeline:

[When symptoms began]
[When diagnosed]
[Treatment history]

I certify these statements are true.

[Signature] [Date]

Frequently Asked Questions

Do I need a nexus letter for PACT Act conditions?

No, for presumptive conditions. You only need to prove you served in a qualifying location and have a current diagnosis of a presumptive condition.

What if my condition isn't on the presumptive list?

You can still file a claim with a nexus opinion linking your condition to toxic exposure. The presumptive list is not exhaustive.

Can I file if I was already denied?

Yes. If you were previously denied for a condition now presumptive under the PACT Act, file a supplemental claim. Many previously denied claims can now be approved.

Do I need proof of burn pit exposure?

For presumptive conditions, you only need proof of service in qualifying locations. Specific burn pit exposure documentation is helpful but not required.

What about conditions not yet diagnosed?

Enroll in VA health care and request a toxic exposure screening. The VA can evaluate you for conditions related to your service.

Can survivors file claims?

Yes. Surviving family members can file Dependency and Indemnity Compensation (DIC) claims for veterans whose death resulted from presumptive conditions.

What if I served before 9/11?

The PACT Act also expanded Agent Orange presumptions and added conditions for earlier service periods. Gulf War veterans (August 2, 1990+) are covered.

Resources

VA Forms:

VA Form 21-526EZ
VA Form 20-0995 (Supplemental Claim)

PACT Act Information:

Toxic Exposure Resources:

Burn Pit Registry

This guide is for informational purposes only. Every claim is unique—consult with an accredited claims agent for personalized guidance.