PRACTICE AREA
Military Toxic Exposure, Burn Pits, Agent Orange & Camp Lejeune
The PACT Act dramatically expanded benefits for toxic exposure. Many veterans don't yet know they now qualify.
What Changed With the PACT Act
The Honoring our PACT Act of 2022 is the most significant expansion of VA disability benefits in decades. It added dozens of new presumptive conditions connected to burn pits, particulate matter, and other airborne hazards from the Gulf War era through current operations, expanded the presumptive locations and timeframes for Agent Orange exposure, and addressed exposures at Camp Lejeune and other sites.
For a presumptive condition, you generally no longer need to prove the specific medical link between your exposure and your diagnosis. If your service and your condition meet the criteria, service connection is presumed.
Burn Pits & Airborne Hazards
Veterans who served in covered locations, including Iraq, Afghanistan, and other Gulf War era and post-9/11 deployment areas, are now presumed exposed to airborne hazards. The PACT Act added numerous respiratory conditions and cancers to the presumptive list for these veterans, including asthma diagnosed after service, chronic bronchitis, COPD, certain rare respiratory conditions, and a range of cancers.
Hypertension was also added as a presumptive condition tied to herbicide and airborne hazard exposure, a change that opened the door for many veterans whose claims had previously been denied.
Agent Orange
The presumptive locations for Agent Orange exposure now extend beyond boots-on-the-ground Vietnam service to include certain service in Thailand, Laos, Cambodia, Guam, American Samoa, and Johnston Atoll, among others, during specified periods. The list of presumptive Agent Orange conditions includes numerous cancers, diabetes mellitus type 2, ischemic heart disease, Parkinsonism, and other conditions.
If you served in one of these locations and have a presumptive condition, you may not need to show direct evidence of herbicide exposure at all.
Camp Lejeune Water Contamination
Veterans, reservists, and National Guard members who served at Camp Lejeune or MCAS New River for at least 30 cumulative days between August 1953 and December 1987 may qualify for presumptive VA disability benefits for a defined list of conditions linked to the base's contaminated water supply.
Separately, the Camp Lejeune Justice Act created a distinct legal claim, outside the VA disability system, allowing those harmed by the contamination to seek compensation through the federal court system. A VA disability claim and a Camp Lejeune Justice Act claim are different legal pathways with different procedures, and understanding how they fit together matters for your overall recovery.
When Your Condition Isn't on the Presumptive List
Presumptive status makes a claim easier, but it isn't the only path. A condition that isn't presumptive can still be service-connected through a direct nexus claim, medical evidence establishing your specific exposure, your current diagnosis, and a medical opinion connecting the two. These claims require more development, but they are far from hopeless, particularly with the right medical evidence.
Frequently Asked Questions
What is the PACT Act and how does it help my claim?
The PACT Act significantly expanded the list of conditions the VA presumes are connected to burn pit, Agent Orange, and other toxic exposures. If your condition and service meet the criteria, exposure and service connection are presumed, you no longer need to prove a direct medical link.
Do I need to prove exposure if my condition is on the presumptive list?
Generally, you only need to show qualifying service in a covered location and time period, along with a current diagnosis. You do not need to prove the specific level or source of exposure.
I was stationed at Camp Lejeune, what are my options?
You may qualify for presumptive VA disability benefits for certain conditions linked to the contaminated water. Separately, the Camp Lejeune Justice Act allows a distinct legal claim. These are two different legal pathways.
What if my condition isn't on the presumptive list?
It can still be service-connected through a direct nexus claim, showing your specific exposure, diagnosis, and a medical opinion linking the two. These claims require more evidence but are not foreclosed.
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