Military/VA Benefits

Posted 31 October 2024

The Pact Act, VA Health Care, and the VA Disability Claims Process

Presumptive Conditions, Illnesses, Locations, and Exposure

If you have a disability you believe is service-connected, you must prove that your military service caused disability unless that disability is established as a presumptive condition by law or regulation. For example, certain cancers and other illnesses are considered presumptive conditions caused by Agent Orange, and certain Vietnam War service is considered presumptive exposure to Agent Orange. Therefore, to support a disability claim for an Agent Orange-related cancer or other illness, you must only prove that you have a health condition presumed to have been caused by Agent Orange and prove you served in a location where you were presumed to have been exposed to Agent Orange.

The Promise to Address Comprehensive Toxics (PACT) Act

The PACT Act significantly “expands and extends eligibility for VA health care for Veterans with toxic exposures and veterans of the Vietnam, Gulf War, and post-9/11 eras” by adding the following presumptive conditions and presumptive locations for burn pits and other toxic exposure:

Presumptive Cancers from Burn Pits or Other Toxins

• Brain cancer
• Gastrointestinal cancer of any type
• Glioblastoma
• Head cancer of any type
• Kidney cancer
• Lymphoma of any type
• Melanoma
• Neck cancer of any type
• Pancreatic cancer
• Reproductive cancer of any type
• Respiratory cancer of any type
• Chronic obstructive pulmonary disease (COPD)of any type

Presumptive Illnesses from Burn Pits or Other Toxins

• Asthma that was diagnosed after service
• Chronic bronchitis
• Chronic obstructive pulmonary disease (COPD)
• Chronic rhinitis
• Chronic sinusitis
• Constrictive bronchiolitis or obliterative bronchiolitis
• Emphysema
• Granulomatous disease
• Interstitial lung disease (ILD)
• Pleuritis
• Pulmonary fibrosis
• Sarcoidosis

Presumptive Locations for Exposure to Burn Pits or Other Toxins on or After 11 September 2001

• Afghanistan
• Djibouti
• Egypt
• Jordan
• Lebanon
• Syria
• Uzbekistan
• Yemen
• The airspace above any of these locations

Presumptive Locations for Exposure to Burn Pits or Other Toxins on or After 2 August 1990

• Bahrain
• Iraq
• Kuwait
• Oman
• Qatar
• Saudi Arabia
• Somalia
• United Arab Emirates (UAE)
• The airspace above any of the preceding locations
• The Arabian Sea
• Gulf of Aden
• Gulf of Oman
• Neutral zone between Iraq/Saudi Arabia
• Persian Gulf
• Red Sea
• The PACT Act also requires the VA to provide toxic exposure

The PACT Act also expands presumptive health conditions and presumptive locations related to radiation and Agent Orange exposure.

Presumptive Agent Orange Conditions Added

• High blood pressure (hypertension)
• Monoclonal gammopathy of undetermined significance (MGUS)

Presumptive Agent Orange Locations Added

• Guam or American Samoa or in the territorial waters off of Guam or American Samoa from 9 January 1962 through 31 July 1980
• Johnston Atoll or on a ship that called at Johnston Atoll from 1 January 1972 through 30 September 1977
• Any U.S. or Royal Thai military base in Thailand from 9 January 1962 through 30 June 1976
• Laos from 1 December 1965 through 30 September 1969
• Cambodia at Mimot or Krek, Kampong Cham Province from 16 April 1969 through 30 April 1969

(For the complete list of presumptive Agent Orange conditions and locations, visit va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/#full-eligibility-requirements)

The PACT Act also requires the VA to provide toxic exposure screening to every Veteran enrolled in VA health care

Disability Claims and Enrollment in VA Health Care

You can file a VA disability compensation claim online, in person, by mail, or with the assistance of a VA-certified professional. If you retain a VA-certified professional, some provide services without fees, while others may charge. Know the terms before you sign any contract.  (va.gov/disability)

If you intend to file a VA disability compensation claim but need more time to prepare, you can extend your potential benefit period by starting your application online immediately (va.gov/disability/file-disability-claim-form-21-526ez/introduction)

If you filed a disability claim denied in the past for a condition or location now presumptive under provisions of the PACT Act, you can file a Supplemental Claim.

If you are not enrolled in VA Health Care, you can apply online at (va.gov/health-care/apply-for-health-care-form-10-10ez/introduction)

For updates and VA Bulletins, visit (nateoda.com/military-va-benefits)