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Burn pits and the PACT Act

Based on Honoring our PACT Act of 2022 (Pub. L. 117-168), 38 U.S.C. §§ 1119–1120, and 38 CFR §§ 3.309 and 3.320. This page is a free community resource. We are not VA-accredited and do not file claims or provide legal advice (per 38 U.S.C. § 5904).

Last reviewed: April 2026 · Next review: October 2026

Maintained by: Veterans Benefits Navigator editorial team. Every citation links to a primary federal or state source. See editorial standards and our privacy posture.

Primary sources: Honoring our PACT Act of 2022 (Pub. L. 117-168), 38 U.S.C. § 1119, 38 U.S.C. § 1120, 38 CFR § 3.320, 38 CFR § 3.309, VA.gov: Burn pit exposure

If you deployed to Iraq, Afghanistan, Djibouti, or other Southwest Asia locations and are now living with a respiratory illness or a cancer, the PACT Act may change what you have to prove. This page explains, in plain language, what the law covers, who qualifies, and how to file.

For two decades, U.S. bases across the Middle East, Southwest Asia, and parts of Africa disposed of trash, plastics, medical waste, fuel, and other materials in open-air burn pits. Troops lived, slept, and trained downwind of thick black smoke. Years later, veterans who served near those pits began presenting with respiratory illnesses, rare cancers, and chronic conditions that clinicians linked to airborne toxins. The Honoring our PACT Act of 2022(Public Law 117-168) is Congress’s response: it broadened VA’s list of presumptive condition conditions, expanded the service locations and time periods that qualify, and opened VA health care to millions of post-9/11 veterans[src].

What the PACT Act changed

Before 2022, veterans with burn-pit-related conditions often had to build a medical nexus from scratch — proving, condition by condition, that a specific deployment caused a specific illness. The PACT Act shifted that burden for a defined set of diseases.

  • More presumptive conditions. Dozens of cancers and respiratory illnesses were added to the list of diseases VA treats as service-connected when a veteran served in a covered location during a covered period[src].
  • More locations and time periods. The statute recognizes Gulf War service going back to August 2, 1990 and post-9/11 service going back to September 11, 2001 across a wide list of countries and waters[src].
  • Faster adjudication for presumptive claims. When the condition and service both fall inside the presumption, VA can grant without a separate nexus opinion, which may shorten processing for straightforward cases.
  • Expanded VA health care. The PACT Act opened VA health care enrollment to millions more post-9/11 veterans, including those who had previously been found ineligible on income or priority-group grounds.

Presumptive conditions under the PACT Act

The list below is drawn from the statute and from 38 CFR § 3.320[src] and § 3.309[src]. It includes, but is not limited to, the conditions below. VA may add conditions by regulation; always check the current VA page before assuming a condition is off-list.

Cancers

  • Brain cancer, including glioblastoma
  • Head and neck cancers of any type
  • Gastrointestinal cancers of any type
  • Reproductive cancers of any type
  • Kidney cancer
  • Pancreatic cancer
  • Melanoma
  • Lymphoma of any type
  • Lymphatic cancer of any type
  • Respiratory (lung-related) cancers of any type

Respiratory illnesses

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

“Presumptive” does not mean automatic. It means the veteran does not need a separate medical nexus tying service to the condition — but the claim still requires a current diagnosis and qualifying service. Our PACT Act presumptive decoder walks through a condition-by-condition check against your dates and locations.

Qualifying service locations and periods

The PACT Act recognizes two overlapping windows of covered service. A veteran may qualify under either, depending on when and where they served[src].

Gulf War presumption (on or after August 2, 1990)

  • Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar
  • United Arab Emirates (UAE), Oman
  • The neutral zone between Iraq and Saudi Arabia, plus the waters of the Persian Gulf, the Arabian Sea, the Gulf of Oman, the Gulf of Aden, and the Red Sea
  • Airspace above any of the above

Post-9/11 burn-pit presumption (on or after September 11, 2001)

  • Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Yemen
  • Uzbekistan
  • Any location already covered by the Gulf War presumption above, during the post-9/11 window

If service dates and location fall inside either window, VA is instructed to presume the covered condition is connected to that service unless affirmative evidence rebuts it.

How to file a burn pit claim

Filing is the same mechanical process as any other VA disability claim — the PACT Act changes what VA must presume, not how the paper moves. Our how-to-file guide covers the four filing paths and the Intent to File that protects your effective date. For a burn pit claim specifically, the useful documents to gather are:

  • DD Form 214 and deployment orders showing covered locations and dates
  • Current medical evidence of the diagnosis (imaging, pathology, pulmonary function tests, specialist notes)
  • Service treatment records noting any respiratory complaints, sick call visits, or exposure incidents
  • Lay statements from fellow service members who can describe the burn pits, smoke exposure, or early symptoms

When the condition and service both fall inside the presumption, VA applies it automatically — you do not have to argue the nexus, only establish the diagnosis and the service.

Disability compensation — initial claim

~152 days on average

Typically 108205 days

PACT Act claims and fully-developed claims may be faster.

Baseline as of Apr 19, 2026. Check VA.gov for current processing times.

What if your claim was denied before the PACT Act?

If VA denied a burn-pit-related claim before August 10, 2022, that denial may not be the end of the road. The PACT Act counts as new and relevant law, and a Supplemental Claimfiled on VA Form 20-0995 can ask VA to re-adjudicate the condition under the new presumption. There is no deadline tied to the old denial for a supplemental based on new law, and a successful supplemental can reach back to the earlier claim’s effective date in many cases. Our denied claim walkthrough and appeal path selector explain how to choose between a Supplemental Claim, a Higher-Level Review, and a Board appeal.

The Airborne Hazards and Open Burn Pit Registry

The VA maintains a voluntary Airborne Hazards and Open Burn Pit Registry. Filling it out creates a self-reported exposure record and a no-cost health evaluation with a VA clinician. Registry participation is not a disability claim, and completing it does not start or advance a claim. It can, however, create a paper trail of the exposure that a claim or a later appeal can reference. If you plan to file, register and file — do not treat the registry as a substitute for a claim.

If your condition isn’t on the presumptive list

The presumptive list is wide but not exhaustive. A condition that isn’t listed can still be service-connected the traditional way: current diagnosis, in-service event or exposure, and a medical nexus tying the two together. Deployment to a covered location documents the exposure; a treating specialist or a private independent medical opinion can supply the nexus. Our buddy statement coach, C&P exam prep guide, and secondary conditions mapper can help build the record for a non-presumptive burn pit claim.

Where to start

If you are unsure whether you qualify, start with a County Veterans Service Officer. CVSOs have filed hundreds of PACT Act claims since 2022 and can read your DD-214, match service to the presumption, and file at no cost[src]. The VA’s burn pit exposure page is the authoritative source for the current condition list and enrollment updates.