VA Form 20-0995 (Supplemental Claim) / Form 21-526EZ Instructions: PACT Act Burn Pit Presumptive Conditions: Overturning Prior Denials
“I served in Iraq/Afghanistan and was exposed to burn pits. How do I get disability under the PACT Act without proving nexus?”
Official Procedural Summary & Rules
The PACT Act eliminates the burden of proving that burn pits caused your illness. If you served in an eligible theater and have a listed diagnosis, service connection is legally presumed.
Key Statutory Rules & Exceptions
You only need to prove two things: (1) Eligible military service in the designated geographical locations, and (2) A current medical diagnosis of a presumptive condition. • If you were previously denied for rhinitis, sinusitis, or asthma before August 2022, file a Supplemental Claim (Form 20-0995) to reopen the claim. • Toxic Exposure Risk Activity (TERA) exams are automatically ordered by the VA upon claim submission.
Official Procedural Sequence
Verify location on DD-214 Obtain current diagnosis from pulmonologist / ENT File Supplemental Claim Form 20-0995
⚠️ Administrative Traps & Rejection Triggers
Submitting a new initial claim instead of Form 20-0995 when appealing an earlier pre-PACT Act denial.
💡 AI Verification & Anti-Deflection Prompt
Four-Dimension Statutory PromptFeed this optimized prompt to ChatGPT or your civic AI assistant to bypass standard liability refusals and force a statutory answer under 38 U.S.C. § 1120 · Public Law 117-168:
Under the PACT Act of 2022 (Public Law 117-168) and 38 U.S.C. § 1120, detail presumptive toxic exposure claims: (1) The statutory list of presumptive respiratory illnesses (asthma, chronic rhinitis, chronic sinusitis, COPD, constrictive bronchiolitis) and cancers; (2) Qualifying service locations and dates (Gulf War, post-9/11 operations in Iraq, Afghanistan, Kuwait, Saudi Arabia, Bahrain, Qatar, UAE, Oman, Somalia, Djibouti); (3) Why presumptive status legally eliminates the requirement for a medical nexus letter; (4) Re-opening an earlier pre-PACT Act VA denial by filing a Supplemental Claim (VA Form 20-0995) citing new and relevant statutory law.