Presumptive Disabilities Associated with Exposure to Burn Pits and Other Toxins (BPOT) (under the PACT Act)

When people say “Presumptive Disabilities added by the PACT Act” or “Gulf War disabilities under the PACT Act”, this law is usually what they are referring to.

Note, this law is different from the presumptive disabilities caused by exposure to fine particulate matter that were added prior to the PACT Act.

There are several more presumptive disabilities added by the PACT Act, and not all of them are based on Gulf War service.

This law is also not the only law added by the PACT Act regarding toxic exposures. The PACT Act also added an important law regarding toxic exposure risk activity (TERA) for those who are diagnosed with disabilities that are NOT among those presumed to be caused by service under this law OR for Veterans who are diagnosed with the disabilities below, but do not have the qualifying service described below. Unlike this law, the law regarding TERA is not a presumptive law.

Who qualifies for the benefits under this presumptive lawComplete list of recognized Gulf War and Southwest Asia locations for Presumptive Conditions?

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
• Somalia

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

• Afghanistan
• Egypt
• Jordan
• Syria

Veterans who served in the following locations, including the airspace above them, from September 11, 2001:

• Afghanistan
• Djibouti
• Egypt
• Jordan
• Lebanon
• Syria
• Yemen
• Uzbekistan

What are the presumptive disabilities under this law?

• Asthma
• Chronic bronchitis
• Chronic obstructive pulmonary disease
• Constrictive bronchiolitis or obliterative bronchiolitis
• Emphysema
• Granulomatous disease
• Interstitial lung disease
• Pleuritis
• Pulmonary fibrosis
• Sarcoidosis
• Chronic sinusitis
• Chronic rhinitis
• Glioblastoma
• The following types of cancer:
  • Head cancer of any type
  • Neck cancer of any type
  • Respiratory cancer of any type
  • Gastrointestinal cancer of any type (this includes bowel cancer and renal cancer)
  • Reproductive cancer of any type (this includes prostate cancer and bowel cancer and renal cancer)
  • Lymphoma cancer of any type
  • Kidney cancer
  • Brain cancer
  • Melanoma
  • Pancreatic cancer

Are these disabilities presumptive?

Yes, the diseases listed above are considered presumptive disabilities.

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.

Important regulations and case law

38 USC 1119

38 USC 1120

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

Claims based on Toxic Exposure Risk Activity (TERA) – when you are claiming a NON-PRESUMPTIVE disability based on toxic exposure