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What is the PACT Act and does it affect my existing claim?

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I was denied for asthma two years ago. I heard the PACT Act changed things for people who served in the Middle East. Should I re-file, or does the VA update it automatically?

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Expert Answer

The PACT Act (2022) is a massive expansion of VA benefits for veterans exposed to burn pits, Agent Orange, and other toxins. It added over 20 new "presumptive" conditions. What "Presumptive" means for you: If you have a presumptive condition and served in a covered location, the VA assumes your service caused the condition. You no longer need to provide a nexus letter or prove the connection. If you were previously denied: The VA will NOT automatically re-open your claim. You must file a Supplemental Claim. If your condition is now presumptive, your chance of approval is significantly higher. Common new presumptives include hypertension (Agent Orange), asthma, COPD, and many types of cancer for those who served in Iraq, Afghanistan, and surrounding areas.

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