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Veterans Can't Wait Any Longer for Toxic Exposure Benefits

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Congress passed the PACT Act three years ago. Veterans are still being denied benefits the law says they've earned.

Veterans Can't Wait Any Longer for Toxic Exposure Benefits

In 2022, Congress passed the PACT Act — the largest expansion of veterans' toxic exposure benefits in decades. The law created presumptive service connections for dozens of conditions tied to burn pit smoke, Agent Orange, radiation, and other hazardous substances, meaning veterans with qualifying diagnoses no longer have to prove a direct link between their illness and their military service.1,2,4 It was a hard-won breakthrough. But nearly three years later, a critical piece of implementation remains stuck.

The Rule That Would Make It Real

In October 2024, the Department of Veterans Affairs submitted a finalized adjudication rule — RIN 2900-AR75 — to the Office of Information and Regulatory Affairs (OIRA) for review. The rule would formally write the PACT Act's toxic exposure presumptions into binding VA regulations, replacing the current patchwork of guidance and training with codified standards that claims processors must follow.3 As of the Spring 2025 Unified Agenda, OIRA's own records listed the rule as still under review — with no release date.6

Veterans Are Paying the Price for the Delay

Without binding regulatory language, the standards applied to veterans' claims can vary — and the VA's own watchdog has documented what that inconsistency costs. A July 2025 report by the VA Office of Inspector General found that staff incorrectly processed a significant number of denied claims for presumptive PACT Act conditions, turning away veterans whose diagnoses legally qualified them for automatic service connection.7 A separate OIG report from September 2025 found that controls for nonpresumptive toxic exposure claims — cases where veterans must demonstrate the connection themselves — were inadequate, producing further inaccurate decisions.5

These are not isolated errors. They reflect a system still struggling to consistently apply a law that has been on the books for years.

Who Is Still Waiting

The veterans most affected include those who breathed open burn pit smoke in Iraq, Afghanistan, and other conflict zones; those exposed to Agent Orange in Vietnam and surrounding regions; and those who served near radiation sites.1,2,4 Many carry diagnoses that are serious and progressive — rare cancers, chronic respiratory conditions, and other illnesses the PACT Act was specifically designed to cover. For them, processing delays are not bureaucratic abstractions. They mean lost compensation and deferred health care.

One Step Can Close the Gap

Finalizing RIN 2900-AR75 would give VA adjudicators a clear, enforceable framework — reducing the processing errors the OIG has repeatedly flagged and giving veterans firmer legal footing when decisions are appealed. OIRA has the authority to complete its review now. This is the administrative step that finishes what Congress already enacted into law.

Veterans who breathed toxic air, who carried illness home from service, who have waited years for the system to catch up — they cannot wait any longer for the paperwork to match the promise.

Sign the petition now to urge OIRA to release RIN 2900-AR75 and deliver the benefits these veterans have already earned.

More on this issue:

  1. Theresa "Tbird" Aldrich, HadIt.com (15 October 2026), "PACT Act Benefits: Presumptive Conditions, Locations, and How to File."
  2. Staff, Advocates for Benefits (21 October 2026), "PACT Act 2026: Conditions, Locations, Screening & How to File."
  3. Department of Veterans Affairs, Federal Register (1 October 2024), "VA Adjudication Regulations for Disability or Death Benefit Claims Based on Toxic Exposure (RIN 2900-AR75)."
  4. Kevin, USMilitary.org (20 July 2026), "PACT Act Benefits for Veterans: Toxic Exposure, Presumptive Conditions, and How to File in 2026."
  5. VA Office of Inspector General, U.S. Department of Veterans Affairs Office of Inspector General (30 September 2025), "Better Controls Needed to Accurately Determine Decisions for Veterans' Nonpresumptive Conditions Involving Toxic Exposure Under the PACT Act."
  6. Department of Veterans Affairs, Unified Regulatory Agenda, Office of Information and Regulatory Affairs (Reginfo.gov) (1 May 2025), "RIN Data: Updating VA Adjudication Regulations for Disability or Death Benefits Based on Toxic Exposure (RIN 2900-AR75) — Spring 2025 Unified Agenda."
  7. VA Office of Inspector General, U.S. Department of Veterans Affairs Office of Inspector General (9 July 2025), "Staff Incorrectly Processed Claims When Denying Veterans' Benefits for Presumptive Disabilities Under the PACT Act."

The Petition

To the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget, Executive Office of the President,

We are writing to urge you to complete OIRA's review and release the Department of Veterans Affairs' finalized adjudication rule, RIN 2900-AR75, without further delay.

The PACT Act, signed into law in 2022, established presumptive service connections for dozens of serious conditions tied to burn pit smoke, Agent Orange, radiation, and other toxic exposures that service members encountered during their military careers. It was the most significant expansion of toxic exposure benefits in a generation. Yet the regulatory rule that would write those presumptions into binding VA adjudication standards — submitted to OIRA in October 2024 — remains under review with no release date.

This gap has real consequences. VA claims processors are currently operating under guidance and training rather than codified regulatory language. That distinction matters enormously to veterans whose claims are denied and who turn to the appeals process for relief. Without a binding framework, the standards applied to their cases can vary — and VA's own watchdog has documented the results.

A July 2025 report by the VA Office of Inspector General found that staff incorrectly processed a significant number of denied claims for presumptive PACT Act conditions, turning away veterans whose diagnoses legally qualified them for automatic service connection. A September 2025 OIG report identified inadequate controls for nonpresumptive toxic exposure claims, leading to further inaccurate decisions. These are not isolated incidents. They reflect a system that continues to struggle with consistent implementation of a law that has been in effect for years.

The veterans waiting on this rule include those who breathed open burn pit smoke in Iraq and Afghanistan, those exposed to Agent Orange in Vietnam and surrounding regions, and those who served near radiation sites. Many carry diagnoses that are serious and progressive. For them, processing delays translate directly into lost compensation and deferred health care — consequences that fall on people who have already given an enormous amount in service to this country.

Releasing RIN 2900-AR75 would give adjudicators a clear, enforceable framework, reduce the errors the OIG has flagged, and give veterans stronger standing when they challenge wrongful denials. It is the step that completes what Congress already enacted into law.

We respectfully ask that you act now — for the veterans still waiting, and to ensure a more just and reliable future for all who have served.

Sincerely,

DEV MODE ACTIVE. BRAND: gg