The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act — signed into law in August 2022 — is the largest expansion of VA benefits in decades. For veterans exposed to burn pits, Agent Orange, radiation, and other toxic substances, it dramatically changes what's possible in a disability claim. Here's what it means specifically for veterans pursuing TDIU.
What the PACT Act Changed
Before the PACT Act, veterans with toxic exposure disabilities faced an uphill battle: they had to prove a direct connection between their service, their exposure, and their current condition. Many claims were denied because the science was disputed or the VA's presumptive conditions list was too narrow.
The PACT Act addressed this in three major ways:
- Expanded presumptives: Dozens of conditions — including many cancers, respiratory illnesses, and neurological disorders — are now presumed service-connected for veterans with qualifying toxic exposure, eliminating the need to prove a direct link
- Burn pit registry and screening: The VA is now required to screen all veterans for toxic exposure and create a formal registry
- Extended filing windows: Veterans who previously had claims denied due to lack of presumptive status may now refile
Which Veterans Are Covered?
The PACT Act covers veterans exposed to a broad range of toxic hazards, including:
- Post-9/11 veterans exposed to open burn pits in Iraq, Afghanistan, and other Southwest Asia locations
- Vietnam-era veterans exposed to Agent Orange, including those who served in Thailand, Korea, and along inland waterways
- Cold War-era veterans exposed to radiation at various nuclear testing or cleanup sites
- Veterans exposed to contaminated water at Camp Lejeune between 1953 and 1987
How the PACT Act Intersects with TDIU
The PACT Act's expansion of presumptive conditions means many veterans now have service-connected disabilities they didn't have before — or have existing disabilities rated higher. This directly affects TDIU eligibility in two ways:
First, newly service-connected PACT Act conditions can push a veteran's combined rating over the TDIU threshold. A veteran who was at 50% combined may now reach 60% or 70% with a newly presumptive respiratory or neurological condition — crossing the line into schedular TDIU eligibility.
Second, the functional impact of PACT Act conditions — chronic respiratory disease, cancer treatment effects, neurological symptoms — can independently support a TDIU claim even at lower rating levels, particularly through the extraschedular pathway.
What to Do Now
- Review your service history to identify any potential toxic exposures (burn pits, Agent Orange, radiation, contaminated water)
- Request a PACT Act screening at your nearest VA medical center
- Check the updated presumptive conditions list at VA.gov to see if any of your current conditions now qualify
- Consult a VA-accredited attorney about refiling previously denied claims under the Supplemental Claim lane
- Consider a vocational evaluation if your PACT Act conditions affect your ability to work
"The PACT Act didn't just expand presumptives — it opened the door for thousands of veterans to finally have their full disability picture recognized and compensated."
If you were exposed to toxic substances during your service and believe those exposures are affecting your ability to work today, Vocemploy can help document the vocational impact of your PACT Act conditions as part of a TDIU claim or appeal. Contact us for a free consultation.