The PACT Act

PACT ActThe PACT Act is a new law that expands VA health care and benefits for Veterans exposed to burn pits, Agent Orange, and other toxic substances.

The PACT Act adds to the list of health conditions that they assume (or “presume”) are caused by exposure to these substances. This law helps us
provide generations of Veterans—and their survivors—with the care and benefits they’ve earned and deserve.

This page will help answer your questions about what the PACT Act means for you or your loved ones. You can also call the VA at 800-698-2411 (TTY: 711).
And you can file a claim for PACT Act-related disability compensation or apply for VA health care now.

What’s the PACT Act and how will it affect my 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, Gulf War, and post-9/11 eras
  • Adds 20+ more presumptive conditions for burn pits, Agent Orange, 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
  • If you’re a Veteran or survivor, you can file 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, your disability must connect to your military service. For many health conditions, you need to prove that your service
caused your condition.

But for some conditions, They automatically assume (or “presume”) that your service caused your condition. they call these “presumptive conditions.”

They consider a condition presumptive when it’s established by law or regulation.

If you have a presumptive condition, you don’t need to prove that your service caused the condition. You only need to meet the service requirements for
the presumption.

Gulf War era and post-9/11 Veteran eligibility

The VA has added more than 20 burn pit and other toxic exposure presumptive conditions based on the PACT Act. This change expands benefits for Gulf War era and
post-9/11 Veterans. See more information on the VA web site.

Vietnam era Veteran eligibility

What new Agent Orange presumptive conditions will VA add?

Based on the PACT Act, the VA has added 2 new Agent Orange presumptive conditions:

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

You may also be eligible for disability compensation based on other Agent Orange presumptive conditions. These conditions include certain
cancers, type 2 diabetes, and other illnesses.

Get a
list of other Agent Orange presumptive conditions

If you think you’re eligible for VA health care and benefits, they encourage you to
apply now.

Are there more exposure-related presumptive conditions?

Yes. The PACT Act adds new presumptive conditions. But there are also many other health conditions that they presume are caused by exposure to toxic
(or hazardous) materials. If you have any of these other conditions, you may be eligible for health care or benefits.

Learn about other presumptive conditions based on exposure to
hazardous materials

What new Agent Orange presumptive locations will VA add?

The VA has 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 you served on active duty in any of these locations, they’ll automatically assume (or “presume”) that you had exposure to Agent
Orange.

Note: This isn’t the full list of presumptive locations for Agent Orange exposure. Review eligibility
requirements for more presumptive locations.

Review eligibility
requirements for Agent Orange presumptive exposure

What new radiation presumptive locations will VA add?

They’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 you took part in any of these efforts, they’ll automatically assume (or “presume”) that you had exposure to radiation.

There are also other locations where they presume that you had exposure to radiation. If you served in any of these locations, you may be eligible for
health care or benefits.

Get a
list of other radiation presumptive locations

Am I eligible for VA health care as a Vietnam Veteran?

If you served on active duty in any of these locations during these time periods, you’re now eligible to apply for VA health care:

  • The Republic of Vietnam between January 9, 1962, and May 7, 1975
  • Thailand at any U.S. or Royal Thai base between January 9, 1962, and June 30, 1976 
  • Laos between December 1, 1965, and September 30, 1969
  • Certain provinces in Cambodia between April 16, 1969, and April 30, 1969
  • Guam or American Samoa (or their territorial waters) between January 9, 1962, and July 31, 1980
  • Johnston Atoll (or on a ship that called at Johnston Atoll) between January 1, 1972, and September 30, 1977

Getting benefits

How do I file a disability claim for a new presumptive condition?

If you haven’t filed a claim yet for the presumptive condition, you can file a new claim online now. You can also file by mail, in
person, or with the help of a trained professional.

File for VA disability compensation online

Learn more about how to file a disability compensation claim

If the VA denied your disability claim in the past and they now consider your condition presumptive, you can submit a Supplemental Claim.
They will review your case again.

Find out how to file a Supplemental Claim

What if VA denied my claim but now considers my condition presumptive?

The VA encourages you to file a Supplemental Claim. When they receive a Supplemental Claim, they’ll review the claim again.

Find out how to file a Supplemental Claim

Note: If they denied your claim in the past and they think you may be eligible now, they’ll try to contact you. But you
don’t need to wait for us to contact you before you file a Supplemental Claim.

What if I have a pending claim for a condition that’s now presumptive?

You don’t need to do anything. If they added your condition after you filed your claim, they’ll still consider it presumptive. They’ll
send you a decision notice when we complete our review.

Can I apply now?

Yes. They’re considering all presumptive conditions established by the PACT Act presumptive on the date the bill became law.

If you think you may be eligible for VA health care or benefits, They encourage you to apply now. 

There’s no deadline to apply for PACT Act benefits. But if you file your PACT Act claim—or quickly submit your intent to
file—by August 9, 2023, you may receive benefits backdated to August 10, 2022. 

Learn how to submit your intent to file

When can I expect VA to make a decision on my PACT Act claim?

They encourage all Veterans and survivors to file for benefits now. They started to process PACT Act-related benefits in January 2023. 

There’s no deadline to apply for PACT Act benefits. But if you file your PACT Act claim—or quickly submit your intent to file—by 
August 9, 2023, you may receive benefits backdated to August 10, 2022. 

Learn how to submit your intent to file

Toxic exposure screenings

Can I get a toxic exposure screening at VA?

Toxic exposure screenings are available at VA health facilities across the country.

Every Veteran enrolled in VA health care will receive an initial screening and a follow-up screening at least once every 5 years. Veterans who are not
enrolled and who meet eligibility requirements will have an opportunity to enroll and receive the screening.  

The screening will ask you if you think you were exposed to any of these hazards while serving:

  • Open burn pits and other airborne hazards
  • Gulf War-related exposures
  • Agent Orange
  • Radiation
  • Camp Lejeune contaminated water exposure
  • Other exposures

They’ll then give you information about any benefits, registry exams, and clinical resources you may need.

Ask about the screening at your next VA health care appointment. If you don’t have an upcoming appointment, or if you want to get the
screening sooner, contact your local VA health facility. Ask to get screened by the toxic exposure screening navigator.

Information for survivors

Can Veterans’ survivors get compensation payments under the PACT Act?

Yes. If you’re a surviving family member of a Veteran, you may be eligible for these benefits:

  • A monthly VA Dependency and Indemnity Compensation (VA DIC) payment. You may qualify if you’re the surviving spouse,
    dependent child, or parent of a Veteran who died from a service-connected disability. 
    Learn how to apply for VA DIC
  • A one-time accrued benefits payment. You may qualify if you’re the surviving spouse, dependent child, or dependent
    parent of a Veteran who they owed unpaid benefits at the time of their death.
    Learn about evidence needed for accrued benefits
  • A Survivors Pension. You may qualify if you’re the surviving spouse or child of a Veteran with wartime service.
    Learn how to apply for a Survivors Pension

What if VA denied my DIC claim and I think I’m now eligible?

You can submit a new application for VA dependency and indemnity compensation (VA DIC). 

Learn about VA DIC and how to apply

Note: If they denied your claim in the past and they think you may be eligible now, they’ll try to contact you. They may be able to
reevaluate your claim. But you don’t need to wait for us to contact you before you reapply.

What other VA benefits are survivors eligible for?

You may be eligible for these VA benefits as the surviving family member of a Veteran:

  • Burial benefits and memorial items such as a gravesite in a VA national cemetery or a free headstone, marker, or medallion.
  • A burial allowance to help with the Veteran’s burial and funeral costs. You may qualify if you’re the
    Veteran’s surviving spouse, partner, child, or parent.
  • Education and training. You may qualify if you’re the survivor of a Veteran who died in the line of duty or as a result of
    service-connected disabilities.
  • Health care through the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA). You may qualify if
    you’re the survivor or dependent of a Veteran with a service-connected disability.
  • A VA-backed home loan. You may qualify if you’re the surviving spouse of a Veteran.

Learn more about family member benefits

Sourxe information for this page is from https://www.va.gov/resources/the-PACT-act-and-your-va-benefits/