Veterans: PACT Act Burn Pit Claims in 2026

When Sergeant Mark Jenkins returned from his deployment to Iraq in 2007, he felt invincible. A former high school football star, Mark was the picture of health. Yet, over the next decade, a persistent cough developed, escalating into severe shortness of breath that eventually sidelined him from even the simplest activities. His story, sadly, is not unique; it’s a stark illustration of the long-term impact of burn pit exposure on countless veterans. The invisible wounds of war, often delayed and insidious, can manifest as debilitating health conditions years after service. I’ve seen this pattern repeat too many times in my practice helping veterans navigate the VA system. The frustration, the confusion, the sheer exhaustion of fighting for recognition and benefits when you’re already battling a serious illness. It’s a profound injustice.

The Lingering Shadow of Burn Pits: What They Were and Their Impact

During military operations in Iraq, Afghanistan, and other locations, open-air pits were commonly used for waste disposal. Everything from plastics, chemicals, and munitions to human waste and medical supplies was thrown into these pits and incinerated, often with jet fuel acting as an accelerant. The resulting toxic plumes, laden with dioxins, particulate matter, and volatile organic compounds, drifted across military bases, exposing service members to a cocktail of carcinogens and respiratory irritants. For years, the connection between these exposures and subsequent health issues was fiercely debated. Veterans, like Mark, reported a cluster of symptoms: chronic bronchitis, asthma, rare cancers, and neurological problems. The Department of Veterans Affairs (VA) initially struggled to establish a direct service connection for many of these conditions, leaving veterans feeling abandoned. This was a significant hurdle. Proving a causal link between an environmental exposure that happened years ago and a current illness is incredibly difficult without robust scientific data and clear governmental acknowledgment.

Mark’s Journey: From Symptoms to Diagnosis

Mark’s initial symptoms were subtle. A persistent cough, easily dismissed as a lingering cold. Then came the fatigue, followed by shortness of breath during his morning runs. “I just thought I was getting older, maybe a little out of shape,” Mark recounted to me during our first meeting at my office near the Atlanta VA Medical Center. “But it got worse. I couldn’t even keep up with my kids in the park.” His primary care doctor, unfamiliar with the nuances of military exposures, initially treated him for asthma. It wasn’t until Mark sought a second opinion from a pulmonologist, Dr. Anya Sharma, who had experience with veteran health issues, that the pieces began to fall into place. Dr. Sharma immediately suspected an environmental factor. She ordered high-resolution CT scans and lung function tests, which revealed significant inflammation and scarring in Mark’s lungs, consistent with constrictive bronchiolitis, a condition often linked to toxic exposures. “The damage wasn’t typical for standard asthma or COPD,” Dr. Sharma explained to Mark. “Given your service history, we need to consider burn pit exposure as a primary culprit.”

VA Home Loan Options

Veteran homeowners. Want to lower your monthly payments?

See if a VA Cash Out Loan or VA Home Loan can put cash in your pocket or help you buy with $0 down. A specialist will review your options, free.

• VA Cash Out Loan: use up to 100% of your home’s equity
• VA Home Loan: buy a home with $0 down payment
• No cost, no obligation eligibility check

Join 100,000+ Veterans

Check my VA loan options

Full name Phone Email Check My VA Loan Options →

No obligation  ·  2 minutes  ·  100% confidential

Navigating the PACT Act: A Turning Point for Veterans

The passage of the Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022 marked a monumental shift in how the VA handles toxic exposure claims. This landmark legislation, signed into law on August 10, 2022, expanded VA healthcare eligibility and benefits for millions of veterans exposed to toxic substances during their service, including those from burn pits. Before the PACT Act, veterans often faced an uphill battle, needing to independently prove a direct service connection for their conditions. The PACT Act changed this by adding a presumption of service connection for certain conditions. This means that if a veteran served in specific locations during designated periods and developed one of the listed presumptive conditions, the VA presumes their illness is service-connected. The burden of proof shifts, significantly easing the claims process. For example, conditions like asthma, rhinitis, sinusitis, and certain cancers are now presumptive for veterans who served in the Southwest Asia theater of operations after August 2, 1990, or in Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, or Yemen on or after September 11, 2001. A full list of presumptive conditions and covered locations can be found on the VA’s official PACT Act website (va.gov/resources/the-pact-act-and-your-va-benefits/). This is a game-changer for veterans like Mark.

Building a Strong VA Claim: The Essentials

For Mark, the PACT Act provided a glimmer of hope. But understanding the new legislation and assembling a robust claim still felt like an insurmountable task. This is where expert guidance becomes absolutely critical. I always advise veterans to focus on three key pillars for a successful claim: 1. Comprehensive Medical Evidence: This includes all diagnostic reports, doctor’s notes, treatment plans, and medication lists. It’s not enough to say you’re sick; you need documentation. For burn pit claims, this often means specific pulmonary function tests, imaging (like Mark’s CT scans), and specialist opinions.
2. Service Records and Exposure Documentation: Official military service records (DD-214) are essential to verify deployment locations and dates. Additionally, any personal logs, photos, or witness statements that can corroborate exposure to burn pits strengthen the case. The VA’s Airborne Hazards and Open Burn Pit Registry (publichealth.va.gov/exposures/burnpits/registry.asp) is a crucial tool here. All veterans who may have been exposed should register, even if they don’t have symptoms yet. It creates a valuable record.
3. Nexus Statement: This is arguably the most vital piece of the puzzle. A nexus statement is a medical opinion from a qualified physician that directly links the veteran’s current condition to their military service and, specifically, to their burn pit exposure. It must be clear, well-reasonsed, and supported by current medical literature. Without this, even with presumptive conditions, the VA can still deny a claim if the medical evidence isn’t compelling. I’ve seen claims denied simply because the nexus statement was vague or lacked sufficient medical justification. This is where a good doctor, one who understands the VA system, can make all the difference. I had a client last year, a Marine veteran named Sarah, who developed glioblastoma. This devastating brain cancer is now a presumptive condition under the PACT Act for certain exposures. However, her initial claim was denied because her neurologist, while excellent, didn’t explicitly connect her service to her diagnosis in his reports. We worked with her to get a supplemental opinion, a detailed letter explaining the medical link, citing relevant studies on environmental toxins and brain cancer. That made all the difference. Her claim was approved within months after the supplemental opinion was submitted.

The Role of Accredited Representatives

Navigating the VA claims process alone is daunting. The regulations are complex, forms are numerous, and the language can be confusing. This is why working with an accredited Veterans Service Officer (VSO) or an accredited attorney specializing in veteran benefits is not just helpful, it’s often essential. These professionals are trained and authorized by the VA to assist veterans with their claims. They understand the nuances of VA law, can help gather evidence, draft compelling arguments, and represent veterans throughout the appeals process. The National Association of Veterans’ Advocates (nvlsa.org) provides a directory of accredited attorneys, and organizations like the American Legion and Veterans of Foreign Wars (VFW) also offer VSO services. My firm, for example, focuses heavily on ensuring every piece of documentation aligns with VA requirements. We meticulously review medical records, ensuring no detail is overlooked, and we often work directly with physicians to help them craft effective nexus statements. It’s a collaborative effort.

Mark’s Resolution: A Path Forward

With the PACT Act in place and the support of an accredited representative, Mark’s claim moved forward. We worked with Dr. Sharma to refine her medical opinion, ensuring it explicitly detailed the link between Mark’s constrictive bronchiolitis and his documented burn pit exposure in Iraq. We gathered his service records, corroborated his deployment dates, and ensured he was registered in the Airborne Hazards and Open Burn Pit Registry. After several months, Mark received the news: his claim for service connection was approved. He was awarded disability compensation and became eligible for comprehensive VA healthcare for his lung condition. This didn’t cure him, of course, but it provided significant financial relief and access to specialized medical care, easing the immense burden he and his family had been carrying. “It’s not just about the money,” Mark told me, a noticeable lightness in his voice. “It’s about being acknowledged. It’s about the VA finally saying, ‘We believe you. We’re here for you.'” The fight for veterans affected by burn pit exposure is far from over. New conditions may be added to the presumptive list as research evolves, and many veterans still face challenges. But the PACT Act represents a critical victory, offering a clearer path to justice and care for those who sacrificed so much. If you are a veteran who believes you were exposed to burn pits, do not delay. Register with the VA’s burn pit registry, gather your records, and seek professional help. Your health, and your peace of mind, are worth every effort.