How to File a VA Claim Under the PACT Act

If you served in the U.S. military and were exposed to toxic substances, including burn pits, Agent Orange, or other hazardous materials, you may be eligible for significant disability benefits under the Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022. This act, which was signed into law on August 10th, 2022, represents the most significant expansion of VA benefits for toxic-exposed veterans in recent decades. This guide will walk you through the process of filing a VA claim under this important new law.

What Is the PACT Act?

The PACT Act expands eligibility for VA healthcare and disability compensation for veterans who were exposed to toxic substances while serving in the military. It adds more than 20 conditions related to burn pits and toxic exposure to the VA’s list of service-connected disabilities, and establishes presumptive service connections for a wide range of cancers and respiratory illnesses.

Before the PACT Act, many veterans faced difficulties in receiving benefits because they were unable to independently prove a direct connection between their service and their disability. The PACT Act addresses this issue by providing presumptive service connections, which means that the VA will assume that the disability is related to the veteran’s service, eliminating the need for them to prove it themselves.

Who Is Eligible Under the PACT Act?

Eligibility under the PACT Act is broad. According to the U.S. Department of Veterans Affairs, you may qualify if you:

• Served in or near Southwest Asia, including Iraq, Afghanistan, Djibouti, Syria, and Egypt, on or after August 2, 1990;
• Were exposed to Agent Orange, including veterans who served in Vietnam, Korea, or Thailand during specific periods;
• Have been exposed to radiation, such as above-ground nuclear testing, duty in Hiroshima or Nagasaki, or cleanup operations at Palomares or Thule;
• Have a covered cancer or respiratory illness, as the PACT presumptively covers certain cancers and illnesses linked to toxic exposure.

Step-by-Step: How to File a VA Claim Under the PACT Act

Step 1 – Gather Your Service and Medical Records

Before filing, collect your military service records (DD-214), a history of deployments, and any documentation related to toxic exposure. Your medical records showing your current diagnosis are also essential. The more comprehensive your documentation, the better the VA will be able to review your claim.

Step 2 – File VA Form 21-526EZ

The main form for applying for disability benefits is VA Form 21-526EZ. You can submit this form online through the VA.gov website, by mail, or in person at a local VA office. Be sure to include all PACT-covered conditions in your application, not just the main diagnosis.

Step 3 – Request a Toxic Exposure Screening

Under the PACT Act, all enrolled veterans are eligible for free toxic exposure screening through VA healthcare. This screening helps to connect you with clinical resources and strengthens the medical evidence supporting your claim.

Step 4 – Attend Your Compensation and Pension (C&P) Exam

After submitting your claim, the Veterans Administration (VA) may schedule a Compensation and Pension (C&P) exam to evaluate the severity of your condition. It is important to attend this exam, as missing it is one of the most common reasons for claims being denied or rated at a lower level. Be thorough and honest when describing how your condition impacts your daily life and work ability.

Step 5 – Submit a Buddy Statement or Lay Evidence

Fellow service members, family members or colleagues can submit a VA Form 21-10210 (Lay/Witness Statement) on your behalf. This form describes your exposure to certain conditions, any behavioral changes or physical symptoms you may have experienced, providing valuable evidence to support your claim.

What Happens After You File?

Once you submit your claim, the VA will review your file and gather evidence to make a rating decision. This decision will determine your disability rating, which can range from 0% to 100%. The rating will affect your monthly compensation. If you disagree with this decision, you have the right to appeal it through the Board of Veterans’ Appeals or the U.S. Court of Appeals for Veterans Claims.

You Served. We Fight For You.

Don’t navigate the PACT Act claim process alone. Veterans Benefits Law Group offers free consultations to veterans seeking disability benefits. We will review your case and help you obtain the benefits you deserve.