Burn Pit Registry and PACT Act Claims: What Post-9/11 Veterans Need to Know

Burn pits were used extensively in Iraq, Afghanistan, and other post-9/11 theaters of operation to dispose of waste. The smoke from burn pits contained toxic chemicals, heavy metals, and particulate matter. Veterans who served near burn pits have documented elevated rates of respiratory conditions, cancers, and other health problems.

The PACT Act signed in 2022 dramatically expanded presumptive service connection for post-9/11 veterans with qualifying toxic exposure histories.

The Airborne Hazards and Open Burn Pit Registry

The VA's Airborne Hazards and Open Burn Pit Registry documents your exposure history. Enrollment includes a free health evaluation. Having your exposure documented in the registry before you develop symptoms or file a claim creates an official record that strengthens any future claims.

Enroll through VA.gov or by contacting any VA medical center. The evaluation is voluntary, free, and does not obligate you to file any claim.

PACT Act presumptive conditions for burn pit exposure

The PACT Act created presumptive service connection for veterans with documented service in covered locations who develop certain conditions. You do not need to prove that burn pit exposure caused your condition if you have qualifying service and a listed diagnosis.

Covered locations include Southwest Asia theater of operations (Iraq, Kuwait, Saudi Arabia, Afghanistan, and surrounding areas), Djibouti on or after September 11, 2001, and other specific locations.

Presumptive conditions include all cancers except those with clear alternative causes, constrictive or obliterative bronchiolitis, and certain other respiratory conditions. The VA is required to review and expand the list as new medical evidence develops.

Filing a PACT Act claim

File VA Form 21-526EZ. Identify your qualifying service locations and timeframes. Identify your diagnosis. For presumptive conditions under the PACT Act, you do not need a nexus letter. You need evidence of qualifying service (your DD-214 and deployment records if needed) and a current diagnosis.

Veterans who previously filed claims for conditions related to burn pit exposure and were denied before the PACT Act may be able to reopen those claims. The VA is required to review previously denied claims under the expanded PACT Act rules.

If your condition is not on the presumptive list

If you have a condition you believe is related to toxic exposure but it is not on the presumptive list, you can still file a direct service connection claim. You will need a nexus letter from a physician connecting your specific condition to your documented toxic exposure. The VA's expansive burn pit and toxic exposure research is regularly producing new evidence that supports such connections.

---

Bill Advantage is a document literacy tool. Nothing in this article constitutes legal or medical advice.