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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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PACT Act Claims

United States (federal and general)Last reviewed 18 September 2026

The PACT Act expanded VA health care and benefits for veterans exposed to burn pits, Agent Orange and radiation by adding presumptive conditions, which means you no longer have to prove that service caused the condition. Veterans and survivors can file at any time.

What a Presumption Means

Direct Answer: A presumptive condition is one VA presumes was caused by service if you served in a qualifying place or period, so you do not have to prove the link between your service and your illness.

The PACT Act added presumptions for Gulf War and post-9/11 veterans exposed to burn pits and other toxins, covering several cancers and respiratory illnesses such as asthma, COPD and pulmonary fibrosis, and expanded the Agent Orange and radiation presumptions. You still need a current diagnosis and to show you served in a qualifying way.

How to Claim

File a disability claim with VA, listing the condition and your service details, and submit medical evidence of the diagnosis. If VA denies the claim, you can pursue a Supplemental Claim, Higher-Level Review or Board appeal within the time limits described in our appeals guide. Veterans and survivors can file at any time, but filing sooner can affect when benefits start.

Help and Fees

Free help is available through accredited veterans service officers, and accredited attorneys and agents may charge fees only after the initial decision and only up to 20% of past-due benefits.

Frequently Asked Questions

What is the PACT Act?

A federal law that expanded VA health care and benefits for veterans exposed to burn pits, Agent Orange and radiation, by adding presumptive conditions.

Which conditions are presumptive for burn pit exposure?

More than 20 conditions, including several cancers and respiratory illnesses like asthma, COPD, emphysema and pulmonary fibrosis. Check VA's list for the full and current set.

Do I have a deadline to file?

No. Veterans and survivors can file PACT Act claims at any time, though filing sooner can affect your effective date.

What if my claim was previously denied?

You may be able to file a new claim or supplemental claim based on the new presumptions, and should check the timing rules for your effective date.

Can I get help paying for a lawyer?

Accredited veterans service organizations help for free, and accredited attorneys may charge only contingent fees, capped at 20% of past-due benefits, after the initial decision.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. VA.gov — The PACT Act and your VA benefits

    Expands VA health care and benefits for veterans exposed to burn pits, Agent Orange and radiation, adding presumptive conditions. Veterans and survivors can file at any time.

  2. VA.gov — Decision reviews and appeals

    The three options after a VA decision: a Supplemental Claim (with new and relevant evidence), a Higher-Level Review (no new evidence) or a Board of Veterans' Appeals appeal.

  3. 38 C.F.R. § 14.636 (fees for VA claims representation)

    A fee may not be charged for services before the notice of the initial VA decision, must be entirely contingent on a favourable result, and may not exceed 20% of past-due benefits. Only VA-accredited attorneys and agents may charge fees.

  4. 38 C.F.R. § 3.2500 (review of decisions; one-year time limit and continuous pursuit)

    A claimant has one year from the notice of a VA decision to elect a higher-level review or Board appeal. Continuously pursuing an issue through timely successive review options preserves the original effective date.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.