Claims Based on Exposure to Fine Particulate Matter

NOTE: This is a different law from the presumptive disabilities associated with exposure to burn pits and other toxins (BPOT) introduced by the PACT Act.

The PACT Act law refers to 37 USC 1119 and 38 USC 1120, effective August 10, 2022, you can read more about the PACT Act presumptive law here.

The law discussed below precedes the PACT Act and refers to 38 CFR 3.320, which became law on August 5, 2021.

Who qualifies for these pre-PACT Act benefits?

Veterans who served in the following locations, including the airspace above them, from August 2, 1990:

• Iraq
• Kuwait
• Saudi Arabia
• the neutral zone between Iraq and Saudi Arabia
• Bahrain
• Qatar
• the United Arab Emirates
• Oman
• the Gulf of Aden
• the Gulf of Oman
• the Persian Gulf
• the Arabian Sea
• the Red Sea

Veterans who served in the following locations, including the airspace above them, from September 19, 2001:

• Afghanistan
• Syria
• Djibouti
• Uzbekistan

What are the presumptive disabilities under this law?

• Asthma
• Rhinitis
• Sinusitis, to include rhinosinusitis

Are these disabilities presumptive?

Yes, the diseases listed above are considered presumptive disabilities, if they are shown to have manifested within 10 years of discharge from active duty.

Meaning, if you have a diagnosis of any of the disabilities shown above and you have qualifying service as shown above, then VA will presume that your disability is caused by your service.

The 10 year requirement is counted your discharge from your last period of active duty, not necessarily from your deployment to the qualifying locations. For example, if you were deployed to Iraq from 2001-2002, and were honorably discharged in 2018, then the 10 year count will begin from 2018.

NOTE: The PACT Act removed the 10 year requirement. Qualifying Veterans may now be presumptively service-connected for the chronic disabilities listed above if they are diagnosed at any time after service.

Important links, regulations and case law

38 CFR 3.320

Complete list of recognized Gulf War and Southwest Asia locations for Presumptive Conditions