PACT Act of 2022 · Toxic Exposure Presumptives

PACT Act Conditions

The PACT Act added more than 20 burn pit and toxic exposure conditions to the VA presumptive list, which means the VA accepts the service connection without a nexus letter. Chronic sinusitis, one of the most claimed of them, pays $552.47/month at the 30 percent level in 2026.

0%Detected by Imaging OnlyNo pay
10%One or Two Incapacitating Episodes$180.42/mo
30%Three or More Incapacitating Episodes$552.47/mo
50%Post-Surgical or Near Constant Sinusitis$1,132.90/mo

Rating Criteria by Level

The PACT Act is an exposure law, not a diagnostic code, so there is no single rating scale for it. Each presumptive condition is rated on its own criteria under 38 CFR Part 4. The scale below is for chronic sinusitis, rated under the general rating formula for sinusitis in 38 CFR 4.97, which is one of the most frequently granted burn pit presumptives.

0%Detected by Imaging Only
Non-compensable

Criteria: Chronic sinusitis is detected on X-ray or CT imaging, but the veteran has no symptoms attributable to it.

A 0 percent rating pays nothing, but it is still a grant of service connection. That matters more than veterans expect: it locks in the effective date, it preserves the right to file for an increase without relitigating the exposure question, and it opens the door to secondary claims for conditions the sinusitis causes.

10%One or Two Incapacitating Episodes
$180.42/mo

Criteria: One or two incapacitating episodes per year requiring prolonged antibiotic treatment of four to six weeks, or three to six non-incapacitating episodes per year with headaches, pain, and purulent discharge.

An incapacitating episode is defined in the regulation as one that requires bed rest and treatment prescribed by a physician. The count of episodes over the previous 12 months is what drives this rating, so every urgent care visit and every antibiotic course belongs in your records.

30%Three or More Incapacitating Episodes
$552.47/mo

Criteria: Three or more incapacitating episodes per year requiring prolonged antibiotic treatment, or more than six non-incapacitating episodes per year characterized by headaches, pain, and purulent or crusty discharge.

This is where most granted burn pit sinusitis claims land. The threshold is a count, not a severity judgment, which makes documentation the whole ballgame. Veterans who treat flare-ups at home without seeing a provider routinely get rated at 10 percent for a condition that meets the 30 percent criteria on paper.

Most common rating: three or more documented episodes per year qualifies
50%Post-Surgical or Near Constant Sinusitis
$1,132.90/mo

Criteria: Following radical surgery with chronic osteomyelitis, or near constant sinusitis after repeated surgeries, with headaches, pain, and tenderness of the affected sinus and purulent discharge or crusting.

The 50 percent level is the maximum schedular rating for sinusitis and requires surgical history plus persistent disease. Veterans at this level usually carry several other respiratory diagnoses that are rated separately, and the combined total is what determines actual monthly pay.

Who Qualifies for PACT Act Presumptives

The presumption turns on where and when you served. If your record places you in a covered location during a covered window, the VA presumes toxic exposure and you never have to prove proximity to a burn pit.

  • Gulf War era, on or after August 2, 1990: Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, and the United Arab Emirates
  • Post-9/11 era, on or after September 11, 2001: Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, and Yemen
  • The airspace above any of the locations listed above
  • Camp Lejeune, at least 30 cumulative days between August 1, 1953 and December 31, 1987, under the Camp Lejeune Justice Act
  • Radiation cleanup at Enewetak Atoll, Palomares in Spain, and Thule Air Base in Greenland, all added to the radiation-exposed veteran definition
  • Agent Orange locations added in 2022: Thailand, Laos, Cambodia, Guam, American Samoa, and Johnston Atoll, covered on the Agent Orange presumptives page

The VA also offers a free toxic exposure screening at every VA medical center. It does not replace a claim, but the screening note becomes part of your medical record and helps establish the exposure history.

Presumptive Respiratory Conditions

These are the airway and lung diagnoses the PACT Act made presumptive for burn pit and particulate matter exposure. Most are rated on pulmonary function testing values, so recent PFT results carry more weight than symptom reports.

Asthma Diagnosed After Service

DC 6602, rated 10 to 100 percent on FEV-1 results and medication requirements. Daily inhaled bronchodilator therapy alone meets the 30 percent level.

Chronic Sinusitis

Rated 0 to 50 percent under the general rating formula for sinusitis. The count of incapacitating episodes per year drives the level.

Chronic Rhinitis

Rated 10 or 30 percent depending on polyps and the degree of nasal passage obstruction. Frequently claimed alongside sinusitis.

Chronic Bronchitis

DC 6600, rated 10 to 100 percent on pulmonary function testing values including FEV-1 and DLCO.

COPD

Chronic obstructive pulmonary disease, rated on the same pulmonary function scale as bronchitis and emphysema, from 10 to 100 percent.

Emphysema

Rated on FEV-1, the FEV-1/FVC ratio, and DLCO. Advanced disease requiring oxygen therapy reaches the 100 percent level.

Constrictive or Obliterative Bronchiolitis

A small airways disease strongly associated with deployment exposure. Often requires a lung biopsy to confirm, and is rated on restrictive lung disease criteria.

Interstitial Lung Disease

Rated on DLCO, FVC, and whether the veteran requires supplemental oxygen. Progressive cases reach 100 percent.

Pulmonary Fibrosis

Scarring of lung tissue rated on pulmonary function values and oxygen requirement. Commonly claimed with interstitial lung disease.

Sarcoidosis

A granulomatous disease rated 0 to 100 percent on pulmonary involvement and whether systemic corticosteroid therapy is required.

Granulomatous Disease

Any chronic granulomatous condition of the lungs. Rated on the residual pulmonary impairment it produces.

Pleuritis

Inflammation of the lung lining. Rated on restrictive impairment and any residual pleural thickening.

Presumptive Cancers

The PACT Act cancer categories are written broadly, using the phrase "of any type" for most organ systems. Malignancies are rated 100 percent while active and through the treatment period, then re-examined and rated on residual impairment.

Head Cancer of Any Type

Rated 100 percent while active and through the treatment period, then re-evaluated on residuals such as speech, swallowing, or cognitive impairment.

Neck Cancer of Any Type

100 percent during active disease and for six months after treatment ends, then rated on functional residuals.

Respiratory Cancer of Any Type

Lung, bronchus, trachea, and larynx. Rated 100 percent while active, then on residual lung function measured by pulmonary function testing.

Gastrointestinal Cancer of Any Type

Esophageal, stomach, colon, rectal, and related malignancies. 100 percent during treatment, then rated on digestive residuals.

Reproductive Cancer of Any Type

Includes prostate, testicular, and gynecologic malignancies. Prostate cancer steps down to voiding dysfunction or erectile dysfunction residuals after treatment.

Lymphoma of Any Type

Covers Hodgkin and non-Hodgkin lymphoma. Rated 100 percent while active and for six months following the end of treatment.

Kidney Cancer

Rated 100 percent during active disease. Residuals are rated on the genitourinary schedule, including any loss of a kidney.

Brain Cancer

Includes glioblastoma, which was one of the earliest burn pit presumptives. Residuals are rated on cognitive, motor, and seizure impairment.

Melanoma

Rated 100 percent while active. Residual scarring and any lymph node involvement are rated separately afterward.

Pancreatic Cancer

Rated 100 percent during active disease. Digestive and endocrine residuals, including secondary diabetes, are rated on their own criteria.

How to File a PACT Act Claim

A presumptive removes the nexus requirement, but the other two elements still apply. You need qualifying service and a current diagnosis. There are three practical routes:

Presumptive Service Connection

Show the qualifying location and date range on your DD-214 or deployment orders, and show a current diagnosis on the list published under 38 CFR 3.320. The VA then presumes both exposure and causation, and no nexus letter is needed.

Supplemental Claim After an Old Denial

If the VA denied a respiratory or cancer claim before August 2022, file a supplemental claim rather than an appeal. The PACT Act counts as a liberalizing law change, and a grant can carry an effective date reaching back to the original claim, which produces retroactive back pay.

Direct Connection Off the List

Diagnoses that are not listed can still be won directly. That path requires documenting actual exposure (deployment records, base air quality reports, buddy statements) plus a medical nexus opinion. It is harder, but it is open to any condition, including sleep apnea and GERD claims tied to deployment.

What Happens at Your C&P Exam

For a presumptive claim the exam is about severity, not causation. The examiner is not deciding whether burn pits caused your condition, because the regulation already settled that question. Expect the examiner to:

  • Confirm the diagnosis and review imaging, pathology reports, and pulmonary function testing
  • Order or review PFT values including FEV-1, the FEV-1/FVC ratio, and DLCO for any respiratory claim
  • Count incapacitating and non-incapacitating episodes over the previous 12 months for sinusitis and rhinitis
  • Document your exact medication regimen, including inhaled bronchodilators, corticosteroids, and any oxygen requirement
  • Record surgical history, since repeated sinus surgery is the gate for the 50 percent level
  • Screen for separately ratable conditions such as sleep apnea, GERD, and hypertension

Bring proof of the qualifying deployment, a current medication list, and every record of a treated flare-up. Episode counts decide sinusitis and rhinitis ratings, and flare-ups treated at home without a provider visit are invisible to the rater.

Secondary Conditions to PACT Act Presumptives

The presumptive is often only the starting point. Conditions caused or aggravated by a service-connected PACT Act diagnosis are rated separately and combine into your total.

Sleep Apnea

Chronic nasal obstruction from sinusitis and rhinitis is a recognized contributor to obstructive sleep apnea. A CPAP prescription rates 50 percent on its own.

Migraines

Chronic sinus pressure and headaches frequently support a separate headache claim. Prostrating attacks are rated 0 to 50 percent.

Depression

Living with chronic respiratory disease or a cancer diagnosis routinely supports a secondary mental health claim. Rated 0 to 100 percent on the mental disorders scale.

Anxiety Disorders

Breathlessness and cancer surveillance drive anxiety claims in this population. Rated on the same general formula as depression.

Hypertension

Chronic hypoxia and long-term corticosteroid therapy both raise blood pressure. Rated 10 to 60 percent under DC 7101.

GERD

Steroid inhalers and chronic cough aggravate acid reflux. Rated on symptom severity and its effect on health.

PACT Act Conditions FAQ

What is the PACT Act and what did it change?
The Sergeant First Class Heath Robinson Honoring our PACT Act was signed into law on August 10, 2022. It added more than 20 burn pit and toxic exposure conditions to the presumptive list, expanded the Agent Orange qualifying locations, added hypertension and MGUS as Agent Orange presumptives, extended radiation exposure coverage, and opened Camp Lejeune claims. A presumptive condition does not require a nexus letter.
What conditions are covered under the PACT Act?
The burn pit list covers asthma diagnosed after service, chronic rhinitis, chronic sinusitis, chronic bronchitis, COPD, emphysema, constrictive bronchiolitis, granulomatous disease, interstitial lung disease, pleuritis, pulmonary fibrosis, and sarcoidosis, plus head, neck, respiratory, gastrointestinal, reproductive, kidney, brain, and pancreatic cancer, melanoma, glioblastoma, and lymphoma of any type.
Which locations qualify for PACT Act burn pit presumptives?
Service on or after August 2, 1990 in Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, or the United Arab Emirates. Service on or after September 11, 2001 in Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, or Yemen. Service in the airspace above any of these locations counts as well.
What does chronic sinusitis pay under the PACT Act?
Chronic sinusitis is rated 0, 10, 30, or 50 percent. Three or more incapacitating episodes per year requiring prolonged antibiotics, or more than six non-incapacitating episodes, is 30 percent, paying $552.47 per month at 2026 rates. The maximum 50 percent level pays $1,132.90 per month.
Can I refile if the VA denied my burn pit claim before 2022?
Yes. The PACT Act is a liberalizing law change, so a prior denial does not bar a new claim. File a supplemental claim rather than an appeal. If the VA grants it, the effective date can reach back to the original claim date in many cases, which produces retroactive back pay.
Do I need to prove burn pit exposure for a PACT Act claim?
No. If your record shows the qualifying location and date range, the VA presumes toxic exposure. You do not have to prove you were near a burn pit. What you do need is proof of the qualifying service and a current diagnosis of a listed condition.
Does the PACT Act cover Camp Lejeune water contamination?
Yes. The Camp Lejeune Justice Act was enacted as part of the PACT Act. Veterans, family members, and civilian staff who spent at least 30 days at Camp Lejeune between August 1, 1953 and December 31, 1987 have a claim path for conditions linked to the contaminated water supply, including several cancers, Parkinson disease, and aplastic anemia.
Are mental health conditions covered by the PACT Act?
Not as presumptives. The PACT Act list is limited to physical diagnoses tied to toxic exposure. But once a listed condition is service-connected, secondary claims for depression and anxiety caused by chronic illness are routinely granted with a nexus opinion, and they carry their own ratings on the mental disorders scale.