General PACT Act FAQ's

What does it mean to have a presumptive condition that is considered covered by the PACT Act?

It means that if you have a medical condition that is now presumptive due to the PACT Act, you do not need to prove your medical condition is related to service. VA presumes that the condition is related to service based on your active duty service locations.

What do I need to do if I already have a claim pending for a condition that was not presumptive but is now considered presumptive?

You do not need to do anything; VA knows that the presumptions have changed and will adjudicate (decide) your claim accordingly.

How do I file a claim for a new condition listed in the PACT Act?

If you have not filed a claim yet, you can file online, by mail, or in person.

Learn more about how to file here.

I was previously denied for a condition that is now listed in the PACT Act; what do I do?

You can file a new claim for benefits by completing and submitting VA Form 21-526EZ.

When will VA make a decision on my new claim or one that was previously denied?

According to VA, they will begin processing PACT Act-related claims in January 2023, but you can begin the application process now.

What if I am already receiving VA Benefits for another condition? How do I add a new presumptive condition?

Simply file a new claim for the condition.

The PACT Act FAQs – Agent Orange Exposure

I was in the Vietnam War. Am I eligible for disability compensation?

If you had boots-on-the-ground service in Vietnam and have one of the medical conditions listed here, you would qualify for a presumptive service connection.

I was exposed to Agent Orange at a listed location and time period. Can I receive benefits?

You may be eligible to receive disability compensation if you have a medical condition on VA’s presumptive list. You must have a diagnosis from a medical professional stating that you have a covered illness.

My father served in Thailand in 1971, has had multiple myeloma for several years, and is now making a claim. Can he submit secondary claims for symptoms from medications to help his terminal cancer? Or should we wait until the primary claim is adjudicated before submitting secondary claims?

He can file for the secondary conditions on the same form he uses to file a claim for myeloma. This will allow VA to address all the medical conditions at one time.

The PACT Act FAQs – Post 9/11 Veterans

If I was exposed daily to burn pits in Afghanistan, noted it in my record at one point, but am not showing illnesses, would I still be able to claim?

If you served in any of these locations and time periods and are diagnosed with one of these conditions, you may be eligible for disability compensation. However, exposure alone is not considered a disability. You must be diagnosed with a covered condition to be eligible.

Suppose you served at a presumptive location during one of the applicable time periods but don’t currently have a diagnosed medical condition. In that case, you are still eligible to join VA’s burn pit exposure registry. Stay up to date on your medical visits and be on the lookout for any symptoms.

Is there still a ten-year diagnosis time frame for Gulf War presumptive condition?

There is no time limit for filing a VA claim that is presumptive to a location where you served.

Does the ten-year timeframe after separation still apply? I was denied allergic rhinitis in 2021 because my diagnosis was 15 years after separation.

The PACT Act has expanded the benefits for Gulf War era and post-9/11 Veterans so that rhinitis is now considered to be a presumptive condition, meaning there is no time limit for filing a claim.

I served in Iraq. What evidence or documents do I need to submit to VA to claim fibromyalgia as presumptive?

Fibromyalgia is presumptive for Gulf War Veterans who served in the Southwest Asia theater of operations and developed the condition prior to December 31, 2026. You would only need to submit your claim for disability compensation.

Do we need to provide DBQs or nexus letters for any burn pit presumptive conditions?

No. Presumptive medical conditions are based on exposure during service and are already conceded by VA as due to military service.

The PACT Act FAQs– Eligibility for Dependents (Spouse)

If the Veteran had an open claim and passed away, what happens to the pending claim?

An eligible substitute, such as a surviving spouse, can be substituted in place of the Veteran. The surviving spouse then pursues the accrued benefits, which is the claim the Veteran had pending up until the date of their death.

In addition to filing for substitution, an eligible dependent may also file for dependency and indemnity compensation (DIC) benefits.

What if the Veteran passed away from a service-related exposure but never got a diagnosis and never filed a claim? Could the spouse now file?

Yes, the eligible surviving spouse can file a claim for dependency and indemnity compensation (DIC), as long as the presumptive medical condition is listed on the Veteran’s death certificate.

The first DIC application claim was denied in 2013 for cancer. If the claim is approved in 2023, does this mean we have to appeal for retroactive pay to 2013?

This is dependent on the effective date VA assigns you when they grant the claim. However, if they assign an effective date of 2023 (when the claim is re-filed), then you would need to appeal the effective date.

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Disclaimer: The information contained on this website is not legal advice. Using the information provided on this website or contacting Bergmann & Moore, LLC does not establish an attorney-client relationship.