PACT-Act-FAQ

General PACT Act FAQ's

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.

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

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

Learn more about how to file here. 

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

 

The PACT Act FAQs – Agent Orange Exposure

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.

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.

The PACT Act FAQs – Post 9/11 Veterans

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.

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

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.

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.

 

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)

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.

 

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.

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.