PACT Act VA Benefits: Burn Pit and Toxic Exposure Claims (2026)

What Is the PACT Act?

The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act was signed into law on August 10, 2022. It is the most significant expansion of veterans benefits since the Agent Orange Act of 1991.

Key changes include:

• Added toxic exposure as a factor in all VA disability claims
• Established presumptive service connection for 23+ cancers for post-9/11 combat veterans
• Extended Agent Orange presumptives to additional veterans (Thailand, Laos, Cambodia, Guam, American Samoa, Johnston Atoll)
• Added presumptive conditions for veterans exposed to radiation (Camp Lejeune, nuclear testing)
• Required the VA to establish a public list of qualifying toxic exposure locations
• Eliminated the requirement that burn pit exposure be proven for qualifying veterans

Who Is Covered?

Burn pit presumptives generally apply to veterans who served in Southwest Asia theater of operations on or after August 2, 1990, or in Afghanistan, Uzbekistan, Syria, or Djibouti on or after September 11, 2001. This includes:

• Operation Desert Shield / Desert Storm (1990-1991)
• Operation Iraqi Freedom / Operation New Dawn (2003-2011)
• Operation Enduring Freedom (Afghanistan, 2001-2021)
• Other Southwest Asia deployments at locations on the VA Airborne Hazards and Open Burn Pit Registry

PACT Act Presumptive Conditions

Respiratory and Constrictive Conditions

• Constrictive or obliterative bronchiolitis
• Constrictive pericarditis
• Granulomatous disease
• Interstitial lung disease (ILD)
• Organizing pneumonia
• Sarcoidosis

Cancers (23 Types)

All of the following cancers are now presumptive for qualifying veterans:

• Head cancer (any type)
• Neck cancer (any type)
• Respiratory cancer (any type) — includes lung cancer
• Reproductive cancers (any type)
• Urinary tract cancer (any type)
• Lymphatic cancer (any type)
• Lymphomatic cancer (any type)
• Kidney cancer
• Melanoma
• Any illness the VA determines warrants a presumption

Note: "Any type" means all histologic subtypes — not just common forms. A rare cancer type is still covered if it falls under the broad categories.

Agent Orange Expansions

The PACT Act extended Agent Orange presumptives (which include Type 2 diabetes, Parkinson's disease, ischemic heart disease, and many cancers) to veterans who served in:

• Any location in the Korean DMZ at any time
• Thailand, Laos, Cambodia, Guam, American Samoa, Johnston Atoll
• C-123 aircraft flown after Vietnam War

How to File a PACT Act Claim

Step 1: Register with the Airborne Hazards Open Burn Pit Registry — This is optional but creates a record of your exposure. Register at the VA website.

Step 2: File a VA disability claim for the specific condition — Go to va.gov and file VA Form 21-526EZ. List each condition separately. For a PACT Act presumptive, the only evidence you need is:

• Medical diagnosis of the condition
• Service records showing you served in a qualifying location and time period

Step 3: For non-presumptive conditions — If your condition isn't on the presumptive list, file with a nexus letter from your doctor. The PACT Act also required the VA to consider toxic exposure as an aggravating factor for any condition. See our nexus letter guide.

Step 4: If previously denied — File a supplemental claim (VA Form 20-0995) with the PACT Act as new and relevant evidence. Many previously denied claims are now approvable.

PACT Act and Previously Denied Claims

If you filed a burn pit or toxic exposure claim before August 2022 and were denied, the PACT Act does not automatically reopen your claim. You must actively refile. The good news is that a supplemental claim is straightforward — the PACT Act itself is the "new and relevant evidence" that resets the clock.

If your original claim was denied more than 1 year ago, your effective date for the new claim will generally be the date you refile — not the original claim date. This is why it is important to file the supplemental claim as soon as possible.

2026 Monthly Pay for Common PACT Act Conditions

Once service-connected, your monthly pay depends on your combined VA rating:

Use our free VA disability calculator to see your combined rating with 2026 rates, including family add-ons.

TDIU and PACT Act Conditions

PACT Act conditions — particularly cancers and severe respiratory diseases — often prevent veterans from working full-time. If your service-connected conditions prevent substantial gainful employment, you may qualify for TDIU, which pays at the full 100% rate ($3,938.58/month) even if your combined rating is lower. Use our TDIU Eligibility Checker.

Common Questions