Respiratory Cancer (Lung, Bronchus, Trachea): VA Presumptive Condition (PACT Act)
VeteranHQ lists Respiratory Cancer (Lung, Bronchus, Trachea) 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, particulate matter, toxic fumes. 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)(4).
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: Respiratory Cancer (Lung, Bronchus, Trachea)
- Service era
- Post-9/11 (2001–present) or Post-Gulf War (1990–present)
- Service location
- Southwest Asia theater of operations, Afghanistan, Syria, Djibouti, or other covered locations
- Exposure
- Airborne hazards, burn pit smoke, particulate matter, toxic fumes
- Effective date
- August 10, 2022
- Filing deadline
- No statutory deadline
- Diagnostic code
- 6819
Service required for this presumption
Active duty service in a covered location for at least 90 days. Covers primary lung cancer, bronchogenic carcinoma, tracheal cancer, and related malignant neoplasms of the respiratory tract.
About this presumption
Primary malignant neoplasms of the lung, bronchus, and trachea are presumptively service-connected under the PACT Act. Decades of inhalation exposure research links fine particulate matter, benzene, polyaromatic hydrocarbons, and other combustion products in burn pit smoke to lung carcinogenesis. This presumptive covers all histological types including adenocarcinoma, squamous cell carcinoma, small cell carcinoma, and large cell carcinoma.
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; pathology confirming primary lung/bronchus/trachea malignancy (must distinguish from metastatic disease from another primary site); CT imaging; smoking history documentation is not required to establish presumptive service connection.
Controlling legal authority
PACT Act of 2022, Public Law 117-168, Section 3114; 38 USC § 1120(b)(4)
Related on VeteranHQ
- Neoplasms, malignant, any specified part of respiratory system exclusive of skin growths: 38 CFR Part 4 rating criteriaThe percentage tiers VA applies once service connection is established, under DC 6819.
- 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 Respiratory Cancer (Lung, Bronchus, Trachea) and Presumptive Service Connection
Is Respiratory Cancer (Lung, Bronchus, Trachea) a VA presumptive condition?
Yes. VeteranHQ lists Respiratory Cancer (Lung, Bronchus, Trachea) 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)(4). 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 Respiratory Cancer (Lung, Bronchus, Trachea) presumption?
Active duty service in a covered location for at least 90 days. Covers primary lung cancer, bronchogenic carcinoma, tracheal cancer, and related malignant neoplasms of the respiratory tract. Service era: Post-9/11 (2001–present) or Post-Gulf War (1990–present). Service location: Southwest Asia theater of operations, Afghanistan, Syria, Djibouti, or other covered locations.
What evidence is still needed for a Respiratory Cancer (Lung, Bronchus, Trachea) claim?
Service records; pathology confirming primary lung/bronchus/trachea malignancy (must distinguish from metastatic disease from another primary site); CT imaging; smoking history documentation is not required to establish presumptive service connection. 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 Respiratory Cancer (Lung, Bronchus, Trachea)?
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.