Asthma (Post-Deployment, Burn Pit — PACT Act): VA Presumptive Condition (PACT Act)
VeteranHQ lists Asthma (Post-Deployment, Burn Pit — PACT Act) as a presumptive condition in the PACT Act (Burn Pits and Airborne Hazards) group. The exposure it is tied to is: Burn pit smoke, fine particulate matter, sand and silica dust, chlorinated compound inhalation, chemical irritants. The presumption is effective August 10, 2022. It is governed by PACT Act of 2022, Public Law 117-168, § 406(b); 38 USC § 1120(b)(1); 38 CFR § 3.320; VA Final Rule, 88 FR 60336 (September 1, 2023).
A presumption removes one requirement and one only: the veteran does not have to prove a medical link between the condition and service. Everything else still applies. There must be a current diagnosis, the service has to meet the requirements below, and VA decides the claim on the evidence in the record.
What qualifies: Asthma (Post-Deployment, Burn Pit — PACT Act)
- Service era
- Post-9/11 (2001–present) or Post-Gulf War (1990–present)
- Service location
- Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia or the United Arab Emirates (on or after August 2, 1990); Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Yemen or Uzbekistan (on or after September 11, 2001); or another country the Secretary determines relevant
- Exposure
- Burn pit smoke, fine particulate matter, sand and silica dust, chlorinated compound inhalation, chemical irritants
- Effective date
- August 10, 2022
- Filing deadline
- No statutory deadline
- Diagnostic code
- 6602
Service required for this presumption
Qualifying service is defined by 38 USC § 1119(c)(1): active military, naval, air, or space service while assigned to a duty station in, or in the airspace above, Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia or the United Arab Emirates on or after August 2, 1990; or Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Yemen, Uzbekistan or another country the Secretary determines relevant, on or after September 11, 2001. NO MINIMUM NUMBER OF DAYS IS REQUIRED: neither 38 USC § 1119 nor § 1120 sets one. Covers new-onset asthma diagnosed during or after deployment in veterans without pre-service asthma diagnosis, as well as significant worsening of pre-existing asthma attributable to deployment exposures. Applicability under Public Law 117-168 § 406(d)(2): August 10, 2022 for every claimant.
About this presumption
New-onset or significantly worsened asthma is presumptively service-connected under 38 USC § 1120(b)(1) and, for fine particulate matter exposure, under 38 CFR § 3.320 as finalized at 88 FR 60336 (September 1, 2023, effective October 31, 2023). Multiple epidemiological studies of post-9/11 veterans demonstrate substantially elevated rates of asthma diagnosis following Southwest Asia deployment. Burn pit particulates act as direct airway irritants and sensitizing agents. Veterans should be rated based on the frequency of exacerbations requiring oral corticosteroids, FEV1 percentage, and daily medication requirements. Asthma that requires daily bronchodilator use is rated at least 30%.
Evidence still needed
A presumption does not remove the evidence requirement. VA still needs a current diagnosis from a medical provider and service records that show the qualifying service above. What it removes is the medical opinion connecting the two.
Service records confirming qualifying duty location; physician diagnosis of asthma with documented symptom history (wheezing, chest tightness, dyspnea); spirometry with bronchodilator reversibility (FEV1 improvement ≥12% and ≥200mL post-bronchodilator); methacholine challenge test if spirometry is normal; pulmonologist or allergist evaluation; medication list including inhalers and frequency of oral steroid courses.
Controlling legal authority
PACT Act of 2022, Public Law 117-168, § 406(b); 38 USC § 1120(b)(1); 38 CFR § 3.320; VA Final Rule, 88 FR 60336 (September 1, 2023)
Related on VeteranHQ
- Asthma, bronchial: 38 CFR Part 4 rating criteriaThe percentage tiers VA applies once service connection is established, under DC 6602.
- VA presumptive conditions, explainedHow presumptive service connection works, and what it does not cover.
- All presumptive conditions by exposureAgent Orange, PACT Act, Camp Lejeune, Gulf War, and ionizing radiation.
Questions About Asthma (Post-Deployment, Burn Pit — PACT Act) and Presumptive Service Connection
Is Asthma (Post-Deployment, Burn Pit — PACT Act) a VA presumptive condition?
Yes. VeteranHQ lists Asthma (Post-Deployment, Burn Pit — PACT Act) as presumptive in the PACT Act (Burn Pits and Airborne Hazards) group, effective August 10, 2022, under PACT Act of 2022, Public Law 117-168, § 406(b); 38 USC § 1120(b)(1); 38 CFR § 3.320; VA Final Rule, 88 FR 60336 (September 1, 2023). A presumption removes the requirement to prove a medical link to service. A current diagnosis and qualifying service are still required, and VA decides the claim.
What service qualifies for the Asthma (Post-Deployment, Burn Pit — PACT Act) presumption?
Qualifying service is defined by 38 USC § 1119(c)(1): active military, naval, air, or space service while assigned to a duty station in, or in the airspace above, Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia or the United Arab Emirates on or after August 2, 1990; or Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Yemen, Uzbekistan or another country the Secretary determines relevant, on or after September 11, 2001. NO MINIMUM NUMBER OF DAYS IS REQUIRED: neither 38 USC § 1119 nor § 1120 sets one. Covers new-onset asthma diagnosed during or after deployment in veterans without pre-service asthma diagnosis, as well as significant worsening of pre-existing asthma attributable to deployment exposures. Applicability under Public Law 117-168 § 406(d)(2): August 10, 2022 for every claimant. Service era: Post-9/11 (2001–present) or Post-Gulf War (1990–present). Service location: Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia or the United Arab Emirates (on or after August 2, 1990); Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Yemen or Uzbekistan (on or after September 11, 2001); or another country the Secretary determines relevant.
What evidence is still needed for a Asthma (Post-Deployment, Burn Pit — PACT Act) claim?
Service records confirming qualifying duty location; physician diagnosis of asthma with documented symptom history (wheezing, chest tightness, dyspnea); spirometry with bronchodilator reversibility (FEV1 improvement ≥12% and ≥200mL post-bronchodilator); methacholine challenge test if spirometry is normal; pulmonologist or allergist evaluation; medication list including inhalers and frequency of oral steroid courses. A presumption removes the requirement to prove a medical link to service. A current diagnosis and qualifying service are still required, and VA decides the claim.
Is there a filing deadline for Asthma (Post-Deployment, Burn Pit — PACT Act)?
No statutory deadline
VeteranHQ publishes VA rules and the citations behind them. It does not prepare, file, or represent claims, and nothing here is legal advice or a prediction of what VA will decide.