The PACT Act And Burn Pit Exposure: Expanded Benefits For Veterans

For years, veterans exposed to burn pits and other toxic substances struggled to get their claims approved. The PACT Act, signed into law in 2022, significantly expanded the VA’s obligation to cover conditions linked to toxic exposure during military service.

Below, our friends from Gregory M. Rada, Attorney at Law discuss what the PACT Act means for veterans with toxic exposure claims.

What The PACT Act Changed

The PACT Act created new presumptive service connections for veterans exposed to burn pits, Agent Orange, and other toxic substances. This means the VA now assumes certain conditions are related to service for qualifying veterans, removing the burden of proving a direct link between the exposure and the diagnosis. It was the largest expansion of VA healthcare and benefits in decades.

Who Qualifies Under The PACT Act

Veterans who served in specific locations during designated time periods may qualify. This includes post-9/11 veterans who served in Southwest Asia, as well as Vietnam-era veterans and those who served at certain stateside installations where toxic exposure occurred. The law also expanded the list of conditions presumptively linked to Agent Orange exposure.

Presumptive Conditions Added By The PACT Act

The Act added more than 20 conditions to the VA’s presumptive lists, including several cancers and respiratory illnesses. Veterans no longer need to provide a nexus letter for these specific conditions if they meet the service criteria. This is a major shift from the previous system, where many toxic exposure claims were routinely denied for lack of direct evidence.

How To File A Claim Under The PACT Act

Veterans can file a new claim or a supplemental claim if they were previously denied for a condition now covered under the Act. Filing a supplemental claim with the PACT Act as new and relevant evidence is a common and effective approach for veterans who had earlier denials.

Getting Assistance With Toxic Exposure Claims

The PACT Act opened doors, but navigating the claims process still requires attention to detail. If you were exposed to burn pits, Agent Orange, or other hazardous substances during service, a veterans disability lawyer with knowledge on toxic exposure claims can help ensure your claim is filed correctly and fully supported.