PACT Act · South Dakota
PACT Act Claims for Toxic Exposure
The PACT Act, signed in August 2022, made it easier for veterans exposed to burn pits, Agent Orange and radiation to get VA disability benefits. Many conditions are now presumed to be connected to service.
- Location & dates check
- Presumptive condition review
- Previously denied claims
- Survivor questions
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What “Presumptive” Means for Your Claim
Normally you have to prove a link between service and your condition. For a presumptive condition, the VA assumes the link if you served in a qualifying location during a qualifying period. You still need a current diagnosis and proof of where and when you served.
If you were denied before the PACT Act for a condition that’s now presumptive, it may be worth filing again.
Burn Pit & Airborne Hazard Exposure
Qualifying locations
On or after August 2, 1990: Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, or the United Arab Emirates.
On or after September 11, 2001: Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, or Yemen.
Presumptive conditions include
- Cancers: brain cancer and glioblastoma; gastrointestinal, head, neck, kidney, pancreatic, reproductive and respiratory cancers of any type; lymphoma and lymphatic cancer; melanoma.
- Illnesses: asthma diagnosed after service, chronic bronchitis, COPD, chronic rhinitis, chronic sinusitis, constrictive or obliterative bronchiolitis, emphysema, granulomatous disease, interstitial lung disease, pleuritis, pulmonary fibrosis, and sarcoidosis.
The VA has continued to add conditions since 2022. Check VA.gov’s PACT Act page for the current list.
Agent Orange: New Conditions & Locations
The PACT Act added high blood pressure (hypertension) and monoclonal gammopathy of undetermined significance (MGUS) to the Agent Orange presumptive list, and expanded the qualifying locations to include:
- Any U.S. or Royal Thai military base in Thailand, January 9, 1962 – June 30, 1976
- Laos, December 1, 1965 – September 30, 1969
- Mimot or Krek, Kampong Cham Province, Cambodia, April 16 – April 30, 1969
- Guam or American Samoa (or their territorial waters), January 9, 1962 – July 31, 1980
- Johnston Atoll (or a ship that called there), January 1, 1972 – September 30, 1977
Hypertension is one of the most common conditions among older veterans, so Vietnam-era veterans in South Dakota who were never service-connected for it should take a close look.
Survivors May Qualify Too
If a veteran died from a condition that is now presumptive, surviving spouses and dependents may be eligible for Dependency and Indemnity Compensation (DIC). Survivors who were previously denied may want to have their situation reviewed under the new rules.
Not sure whether your service qualifies? Start a free case review with your branch, dates and locations of service.
PACT Act & Toxic Exposure: Common Questions
Do I need proof I was near a burn pit?
For presumptive conditions, you generally need proof that you served in a qualifying location during the qualifying period, plus a current diagnosis, not proof of direct exposure to a specific burn pit.
I was denied before 2022. Can I file again?
Yes. If your condition is now presumptive, you can file a Supplemental Claim so the VA reviews it under the new rules.
Is hypertension really service-connected for Vietnam veterans now?
Yes. The PACT Act added high blood pressure to the list of Agent Orange presumptive conditions for veterans who served in qualifying locations during qualifying periods.
What is a toxic exposure screening?
The PACT Act requires the VA to offer toxic exposure screenings to veterans enrolled in VA health care. It’s a short questionnaire about possible exposures, available through the Sioux Falls and Black Hills VA systems.
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