PACT Act
PACT Act Questions and Answers
The PACT Act is a new law that expands VA health care and benefits for Veterans exposed to burn pits and other toxic substances. This law helps us provide generations of Veterans—and their survivors—with the care and benefits they’ve earned and deserve.
What’s the PACT Act and how will it affect VA benefits and care?
The PACT Act is perhaps the largest health care and benefit expansion in VA history. The full name of the law is The Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act.
The PACT Act will bring these changes:
- Expands and extends eligibility for VA health care for Veterans with toxic exposures and Veterans of the Vietnam era, Gulf War era, and post-9/11 era
- Adds more than 20 new presumptive conditions for burn pits and other toxic exposures
- Adds more presumptive-exposure locations for Agent Orange and radiation
- Requires VA to provide a toxic exposure screening to every Veteran enrolled in VA health care
- Helps us improve research, staff education, and treatment related to toxic exposures
Veterans and survivors can file benefits claims now to apply for PACT Act-related benefits.
What does it mean to have a presumptive condition for toxic exposure?
To get a VA disability rating, a Veteran’s disability must connect to military service. For many health conditions, Veterans need to prove that your service caused your condition.
But for some conditions, we automatically assume (or “presume”) that your service caused your condition. We call these “presumptive conditions.”
We consider a condition presumptive when it is established by law or regulation.
If a Veteran has a presumptive condition, they don’t need to prove that their service caused the condition. They only need to meet the service requirements for the presumption.
Gulf War era and post-9/11 Veteran eligibility
What burn pit and other toxic exposure conditions are now presumptive?
We’ve added more than 20 burn pit and other toxic exposure presumptive conditions based on the PACT Act. These presumptive conditions expand benefits for Gulf War era and post-9/11 Veterans.
We now consider these types of cancers presumptive conditions:
- Brain cancer
- Glioblastoma
- Respiratory (breathing-related) cancer of any type
- Gastrointestinal cancer of any type
- Head cancer of any type
- Lymphoma of any type
- Lymphatic cancer of any type
- Neck cancer
- Pancreatic cancer
- Reproductive cancer of any type
- Kidney cancer
- Melanoma
We also now consider these illnesses presumptive conditions:
- Asthma that was diagnosed after service
- Chronic rhinitis
- Chronic sinusitis
- Constrictive bronchiolitis or obliterative bronchiolitis
- Emphysema
- Granulomatous disease
- Interstitial lung disease (ILD)
- Pleuritis
- Pulmonary fibrosis
- Sarcoidosis
- Chronic bronchitis
- Chronic obstructive pulmonary disease (COPD)
How do Veterans know if they have a presumptive exposure to burn pits?
If a Veteran served in any of these locations and time periods, VA has determined they had exposure to burn pits or other toxins. This is having a presumption of exposure.
On or after September 11, 2001, in any of these locations:
- Afghanistan
- Djibouti
- Egypt
- Jordan
- Lebanon
- Syria
- Uzbekistan
- Yemen
- The airspace above any of these locations
On or after August 2, 1990, in any of these locations:
- Bahrain
- Iraq
- Kuwait
- Oman
- Qatar
- Saudi Arabia
- Somalia
- The United Arab Emirates (UAE)
- The airspace above any of these locations
Are Veterans eligible for free VA health care as a post-9/11 combat Veteran?
We’re extending and expanding VA health care eligibility based on the PACT Act. We encourage all Veterans to apply for VA healthcare, no matter their separation date. Their eligibility for VA health care depends on their service history and other factors.
For Veterans who served on active duty in a theater of combat operations during a period of war after the Persian Gulf War or in combat against a hostile force during a period of hostilities after November 11, 1998, and who were discharged or released between September 11, 2001, and October 1, 2013, if they have not previously enrolled in VA health care, they will have a special enrollment period between October 1, 2022, and October 1, 2023. During this 1-year period, they will have another opportunity to apply for enrollment.
We strongly encourage Veterans to do so to ensure we can provide them any care they need now or in the future. Enrollment is free, there are no annual costs, and their care may be free as well.
For Veterans who served on active duty in a theater of combat operations during a period of war after the Persian Gulf War or in combat against a hostile force during a period of hostilities after November 11, 1998, and who were discharged or released on or after October 1, 2013, they are eligible for care and to enroll in care for up to 10 years of free VA health care for any condition related to their service from the date of their most recent discharge or separation date.
Vietnam and Cold War era Veteran eligibility
What new Agent Orange presumptive conditions will VA add?
Based on the PACT Act, we’ve added 2 new Agent Orange presumptive conditions for VA disability compensation:
- Monoclonal gammopathy of undetermined significance (MGUS)
- High blood pressure (also called hypertension)
We encourage all affected Veterans to apply for VA health care and benefits.
What new Agent Orange presumptive locations will VA add?
We’ve added these 5 new locations to the list of presumptive locations:
- Any U.S. or Royal Thai military base in Thailand from January 9, 1962, through June 30, 1976
- Laos from December 1, 1965, through September 30, 1969
- Cambodia at Mimot or Krek, Kampong Cham Province from April 16, 1969, through April 30, 1969
- Guam or American Samoa or in the territorial waters off of Guam or American Samoa from January 9, 1962, through July 31, 1980
- Johnston Atoll or on a ship that called at Johnston Atoll from January 1, 1972, through September 30, 1977
If a Veteran served on active duty in any of these locations, we’ll automatically assume (or “presume”) that they had exposure to Agent Orange.
What new radiation presumptive locations will VA add?
We’ve added these 3 new response efforts to the list of presumptive locations:
- Cleanup of Enewetak Atoll, from January 1, 1977, through December 31, 1980
- Cleanup of the Air Force B-52 bomber carrying nuclear weapons off the coast of Palomares, Spain, from January 17, 1966, through March 31, 1967
- Response to the fire onboard an Air Force B-52 bomber carrying nuclear weapons near Thule Air Force Base in Greenland from January 21, 1968, to September 25, 1968
If a Veteran took part in any of these efforts, we’ll automatically assume (or “presume”) that they had exposure to radiation.
Getting benefits
How do Veterans file a disability claim for a new presumptive condition?
If they haven’t filed a claim yet for the presumptive condition, they can file a new claim online now. They can also file by mail, in person, or with the help of a trained professional.
If we denied their disability claim in the past and we now consider their condition presumptive, they can submit a Supplemental Claim. We’ll review their case again.
What if VA denied a Veteran’s claim but now considers their condition presumptive?
We encourage Veterans to file a Supplemental Claim. When we receive a supplemental claim, we’ll review the claim under the new process.
Note: If we denied a claim in the past and we think a Veteran may be eligible now, we’ll try to contact the Veteran. But they don’t need to wait for us to contact them before they can file a Supplemental Claim.
What if a Veteran has a pending claim for a condition that’s now presumptive?
The Veteran does not need to do anything. If we added their condition after they filed their claim, we’ll still consider it presumptive. We’ll send the Veteran a decision notice when we complete our review.
Can Veterans apply now?
- We are considering all conditions established in the PACT Act to be presumptive on August 10, the date the bill was signed into law, and we encourage Veterans and survivors to apply for those benefits now.
When will Veterans begin to receive benefits?
Veterans and survivors are encouraged to apply for benefits now. VA will begin processing claims as soon as January 2023, which is the earliest date possible.
We are also prioritizing the claims of Veterans with cancer to make sure that they get timely access to the care and benefits they need.
Generally, if a Veteran applies for benefits at any time over the next year, and that application is granted, that person will receive benefits back-dated to the date of the bill signing: August 8, 2022.
Information for survivors
Will Veterans’ survivors get any benefits based on the PACT Act?
Survivors may be eligible for VA benefits based on the PACT Act. They will need to meet requirements for each benefit to qualify.
Survivors may be eligible for the following benefits:
- VA dependency and indemnity compensation (VA DIC) offers a monthly payment. Survivors may be eligible if they’re the surviving spouse, dependent child, or parent of a Veteran who died from a service-connected disability.
Survivors can go to: Learn more about VA DIC - Accrued benefits offer a one-time payment. Survivors may be eligible if they are the surviving spouse or dependent child or dependent parent of a Veteran who we owed benefits but that were unpaid at the time of their death. Survivors can go to:
Learn more about evidence needed to support accrued benefits claims - Health care through the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) may be available for survivors and dependents of Veterans who are now, or who would have been, eligible for a service-connected disability. Survivors can go to:
Learn more about how to apply for VA Healthcare
- Burial allowance offers help with the Veteran’s burial and funeral costs. You may be eligible if you’re the Veteran’s surviving spouse, partner, child, or parent. Survivors can go to:
Learn more about burial allowances
What if VA denied a Survivor’s DIC claim, and they think they are now eligible?
Survivors can submit a new application for VA dependency and indemnity compensation (VA DIC). Survivors can go to:
Learn about VA DIC and how to apply
Note: If we denied a Survivor’s claim in the past and they think they may be eligible now, we’ll try to contact them because they may be able to have their claim reevaluated. But they don’t need to wait for us to contact them before they reapply.
Information for VA Employees
What is Title IX of the PACT Act?
Title IX contains the workforce provisions that will support implementation of the PACT Act. VA collaborated with the Office of Personnel Management to identify and define authorities the Secretary needs to recruit and retain staff. Some provisions sunset on September 30, 2027, and others are permanent changes. The authorities are intended to support the level of growth needed for VA to deliver the benefits and care in the PACT Act.
What new authorities are in Title IX?
Title IX contains a variety of new or enhanced human resources (HR) authorities. For example, VA can consider both preference-eligible Veterans and non-Veterans for housekeeping aide positions. These jobs have been essential to VA operations during the public health emergency, and VA expects they will continue to be, including for PACT Act implementation. Title IX provides VA with additional pay flexibilities as well as expedited hiring authorities for college graduates and post-secondary students. VA can attract individuals with critical skills and set and adjust Federal salaries to be more competitive. Further, the ability to establish critical skills incentives, critical pay positions and use enhanced special salary rates authorities are the flexibilities VA needs to be effective in serving Veterans.
