PresumptiveDC 7528PACT Act

Kidney Cancer (PACT Act): VA Presumptive Condition (PACT Act)

VeteranHQ lists Kidney Cancer (PACT Act) as a presumptive condition in the PACT Act (Burn Pits and Airborne Hazards) group. The exposure it is tied to is: Airborne hazards, burn pit smoke, trichloroethylene exposure, heavy metal contamination. The presumption is effective August 10, 2022. It is governed by PACT Act of 2022, Public Law 117-168, Section 3114; 38 USC § 1120(b)(8).

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: Kidney Cancer (PACT Act)

Service era
Post-9/11 (2001–present) or Post-Gulf War (1990–present)
Service location
Southwest Asia theater of operations, Afghanistan, Iraq, Syria, Djibouti, or other covered locations
Exposure
Airborne hazards, burn pit smoke, trichloroethylene exposure, heavy metal contamination
Effective date
August 10, 2022
Filing deadline
No statutory deadline
Diagnostic code
7528

Service required for this presumption

Active duty service in a covered location for at least 90 days. Covers renal cell carcinoma (RCC) of all histological subtypes (clear cell, papillary, chromophobe, collecting duct), as well as transitional cell carcinoma of the renal pelvis.

About this presumption

Kidney cancer (renal cell carcinoma) is presumptively service-connected under the PACT Act for veterans with qualifying airborne hazard exposure. Trichloroethylene (TCE), a solvent heavily used in military operations, is classified by IARC as a Group 1 human carcinogen with the strongest evidence for renal cell carcinoma. Veterans may also have had exposure to TCE through base camp water contamination in addition to burn pit smoke. Both localized and metastatic renal cell carcinoma are covered.

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; CT urogram or MRI with contrast confirming renal mass characteristics; pathology from surgical resection (partial or radical nephrectomy) or percutaneous biopsy confirming renal cell carcinoma subtype; urology or oncology records.

Controlling legal authority

PACT Act of 2022, Public Law 117-168, Section 3114; 38 USC § 1120(b)(8)

Related on VeteranHQ

Questions About Kidney Cancer (PACT Act) and Presumptive Service Connection

Is Kidney Cancer (PACT Act) a VA presumptive condition?

Yes. VeteranHQ lists Kidney Cancer (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, Section 3114; 38 USC § 1120(b)(8). 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 Kidney Cancer (PACT Act) presumption?

Active duty service in a covered location for at least 90 days. Covers renal cell carcinoma (RCC) of all histological subtypes (clear cell, papillary, chromophobe, collecting duct), as well as transitional cell carcinoma of the renal pelvis. Service era: Post-9/11 (2001–present) or Post-Gulf War (1990–present). Service location: Southwest Asia theater of operations, Afghanistan, Iraq, Syria, Djibouti, or other covered locations.

What evidence is still needed for a Kidney Cancer (PACT Act) claim?

Service records confirming qualifying duty location; CT urogram or MRI with contrast confirming renal mass characteristics; pathology from surgical resection (partial or radical nephrectomy) or percutaneous biopsy confirming renal cell carcinoma subtype; urology or oncology records. 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 Kidney Cancer (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.