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ECEveryday Consumers

What the PACT Act Means for Your VA Disability Claim

By Hollis MendezLife Stages Writer

The PACT Act expanded which veterans can receive VA disability pay for illnesses linked to burn pit and Agent Orange exposure

The Prevent All Cigarette Trafficking (PACT) Act is actually two separate laws that changed VA disability rules. The first, passed in 2022, added burn pit and depleted uranium exposure to the list of conditions the VA presumes caused veteran illness — meaning you don't have to prove the exposure caused your condition, only that you were exposed. The second, passed in 2023, did the same for Agent Orange exposure in Thailand during the Vietnam War. If you served in Iraq or Afghanistan, or in Thailand during Vietnam, you may now be able to receive disability pay for conditions that were previously denied.

The law does not automatically add you to the system or send you money. You have to file a new claim or reopen an old one with the VA. The VA will not contact you to tell you that you now may have access to for something you were denied before. This section explains what changed, who it affects, and what you need to do next.

Key Takeaways

  • The PACT Act created a presumption that certain illnesses were caused by burn pit exposure (Iraq and Afghanistan) or Agent Orange in Thailand (Vietnam era), so you no longer have to prove the connection yourself.
  • The law covers a specific list of conditions — respiratory illnesses, cancers, and others — not every illness a veteran has.
  • If the VA previously denied your claim for one of these conditions, you can file a new claim or reopen the old one at no cost.
  • You must file a claim yourself; the VA will not contact you or automatically reprocess old denials.
  • The VA processes PACT Act claims in the order they arrive, so filing sooner rather than later may mean a faster decision.

Which conditions are covered under the PACT Act

The PACT Act created a presumption for a defined list of illnesses. If you have one of these conditions and you were exposed to burn pits (Iraq or Afghanistan) or Agent Orange in Thailand, the VA assumes the exposure caused it. You do not have to submit medical evidence showing the connection.

For burn pit exposure, the presumptive conditions include asthma, chronic obstructive pulmonary disease (COPD), lung cancer, throat cancer, glioblastoma, pancreatic cancer, and several others. For Agent Orange exposure in Thailand, the list includes respiratory cancers, non-Hodgkin's lymphoma, and Parkinson's disease, among others. The full list is available on the VA website, but the key point is that the condition must be on the list. If you have a condition not listed, you would still need to prove the exposure caused it — which is harder and takes longer.

If you were exposed but do not have a condition on the presumptive list, you can still file a claim. You would need medical evidence linking your condition to the exposure, which means a doctor's statement or medical records showing the connection. This is a longer process and has a lower approval rate.

How to file a new PACT Act claim or reopen an old one

You have two main routes: file online through VA.gov, or work with a Veterans Service Officer (VSO) who can file on your behalf at no cost. Filing online is faster if you have all your documents ready. Working with a VSO is slower but means someone familiar with VA rules reviews your claim before it goes in, which can catch missing information.

To file online, go to VA.gov and log in with your credentials. Select "File a Claim for Disability Compensation" and choose "New Claim" if this is your first time claiming for this condition, or "Reopen Claim" if the VA denied you before. You will need your service dates, a description of your condition, and medical records showing you have the condition. The VA will ask for your doctor's contact information so they can request your records directly.

If you are reopening a denied claim, include a statement explaining why you are filing again — for example, "I am filing under the PACT Act presumption for burn pit exposure." This tells the VA to apply the new rule to your old case. You do not need to prove anything new; the presumption does the work.

To find a VSO, contact your state's Veterans Affairs office or search the VA's VSO locator on their website. VSOs work for nonprofits, state agencies, or veteran organizations and do not charge fees. They can help you gather documents, fill out forms, and track your claim status.

What happens after you file and how long it takes

After you file, the VA sends you a receipt and assigns your claim a number. You can check the status anytime by logging into VA.gov or calling the VA at 1-800-827-1000. The status page shows whether the VA is gathering evidence, reviewing your medical records, or making a decision.

Processing time varies. Some PACT Act claims are decided in weeks; others take several months. The VA prioritizes claims in the order they arrive, so filing sooner means your claim moves through the queue faster. If you filed before the PACT Act passed, your claim may have been denied under the old rules. Reopening it now puts it at the back of the queue, but it will be decided under the new presumption rules.

During the review, the VA may request additional medical records from your doctor or ask you to attend a compensation and pension (C&P) exam. A C&P exam is a medical appointment where a VA contractor examines you and writes a report about your condition. You do not have to pay for this exam. If the VA requests one, attend it — missing the appointment can delay or deny your claim.

What to do if your claim is denied

If the VA denies your claim, you have the right to appeal. You have one year from the date of the denial letter to file an appeal. There are three appeal routes: a supplemental claim (if you have new evidence), a higher-level review (if you think the VA made an error), or a Board of Veterans' Appeals hearing (if you want to argue your case in front of a judge).

A supplemental claim is the right choice if you have new medical evidence — for example, a new doctor's statement saying your condition is related to burn pit exposure. A higher-level review is right if you think the VA misread your medical records or ignored evidence you already submitted. A Board appeal is right if you want to present your case in person or by video.

You do not need a lawyer to appeal, but you can hire a VA-accredited representative or attorney if you want help. They charge a fee only if you win, and the fee comes from your back pay (the money owed from the date you filed, not from your future payments).

PACT Act claims if you were denied before the law passed

If the VA denied your claim before the PACT Act became law, you can reopen it without filing a brand-new claim. Reopening is faster because the VA already has your medical records and service history on file. You simply tell the VA you want to reopen the claim under the new presumption rule.

To reopen, file online at VA.gov and select "Reopen Claim," or contact a VSO and ask them to file a reopened claim. Include a statement that you are reopening under the PACT Act presumption. You do not have to submit new medical evidence unless the VA asks for it — the presumption means the VA assumes the exposure caused your condition based on your service alone.

The VA will not automatically reprocess old denials. You must file the reopened claim yourself. Once you do, the VA treats it as a new case under the new rules, and your old denial no longer applies.

Frequently Asked Questions

Do I have to prove I was exposed to burn pits or Agent Orange?

No. If you served in Iraq or Afghanistan between 2001 and 2023, the VA presumes you were exposed to burn pits. If you served in Thailand during the Vietnam War, the VA presumes you were exposed to Agent Orange. You do not need to submit proof of exposure — your service dates and location are enough.

What if I have a condition that is not on the PACT Act list?

You can still file a claim, but you will need to prove the exposure caused your condition. This means submitting medical records and a doctor's statement linking your illness to burn pit or Agent Orange exposure. The process takes longer and approval is not may provide.

Can I file a PACT Act claim if I already receive VA disability pay for a different condition?

Yes. You can file a new claim for a PACT Act condition even if you already receive disability pay. The VA will review the new condition separately and add it to your existing rating if approved. Your current pay does not change unless the new condition increases your overall disability rating.

How much money will I receive if my PACT Act claim is approved?

The amount depends on your disability rating, which the VA assigns based on how much the condition affects your daily life and work. Ratings range from 0 to 100 percent. The VA publishes the monthly payment amount for each rating on their website. You receive back pay from the date you filed your claim, not from the date the PACT Act passed.

What if I filed a claim before the PACT Act passed and it is still pending?

Your claim will be decided under the new PACT Act rules if your condition is on the presumptive list. You do not need to file again. The VA will apply the presumption automatically when it reviews your case. You can check your claim status on VA.gov anytime.