Chronic Bronchitis (Burn Pit — PACT Act): VA Presumptive Condition (PACT Act)
VeteranHQ lists Chronic Bronchitis (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, diesel exhaust, sand and silica dust inhalation. 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)(3).
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: Chronic Bronchitis (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, diesel exhaust, sand and silica dust inhalation
- Effective date
- August 10, 2022
- Filing deadline
- No statutory deadline
- Diagnostic code
- 6600
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. Chronic bronchitis is defined as productive cough lasting at least 3 months per year for 2 consecutive years, in the absence of another explanatory condition. Distinct from constrictive bronchiolitis, which requires biopsy confirmation. Applicability under Public Law 117-168 § 406(d): August 10, 2022 for claimants for dependency and indemnity compensation and for veterans VA determines are terminally ill, homeless, under extreme financial hardship, more than 85 years old, or capable of demonstrating other sufficient cause; October 1, 2023 for everyone else.
About this presumption
Chronic bronchitis resulting from burn pit smoke and airborne hazard inhalation is recognized as a presumptive condition because Congress listed chronic bronchitis at 38 USC § 1120(b)(3). Veterans deployed near open burn pits experienced sustained inhalation of fine particulate matter and toxic combustion gases that cause airway inflammation, goblet cell hyperplasia, and hypersecretion, which is the pathological basis of chronic bronchitis. This is a distinct condition from constrictive bronchiolitis (which requires surgical lung biopsy) and can be established through clinical history and spirometry.
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 chronic bronchitis with ≥3 months/year productive cough for 2+ consecutive years; spirometry (may show obstructive or mixed pattern); chest imaging; pulmonologist evaluation; ruling out COPD, asthma, bronchiectasis, and infectious causes; documentation of symptom onset in temporal relationship to deployment.
Controlling legal authority
PACT Act of 2022, Public Law 117-168, § 406(b); 38 USC § 1120(b)(3)
Related on VeteranHQ
- Bronchitis, chronic: 38 CFR Part 4 rating criteriaThe percentage tiers VA applies once service connection is established, under DC 6600.
- 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 Chronic Bronchitis (Burn Pit — PACT Act) and Presumptive Service Connection
Is Chronic Bronchitis (Burn Pit — PACT Act) a VA presumptive condition?
Yes. VeteranHQ lists Chronic Bronchitis (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)(3). 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 Chronic Bronchitis (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. Chronic bronchitis is defined as productive cough lasting at least 3 months per year for 2 consecutive years, in the absence of another explanatory condition. Distinct from constrictive bronchiolitis, which requires biopsy confirmation. Applicability under Public Law 117-168 § 406(d): August 10, 2022 for claimants for dependency and indemnity compensation and for veterans VA determines are terminally ill, homeless, under extreme financial hardship, more than 85 years old, or capable of demonstrating other sufficient cause; October 1, 2023 for everyone else. 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 Chronic Bronchitis (Burn Pit — PACT Act) claim?
Service records confirming qualifying duty location; physician diagnosis of chronic bronchitis with ≥3 months/year productive cough for 2+ consecutive years; spirometry (may show obstructive or mixed pattern); chest imaging; pulmonologist evaluation; ruling out COPD, asthma, bronchiectasis, and infectious causes; documentation of symptom onset in temporal relationship to deployment. 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 Chronic Bronchitis (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.