Posted on Feb 4, 2023
Why would my claim be denied under the PACT Act for health problems associated with being in Kandahar downwind from the burn pit?
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I filed a claim on problems that came about after returning from Kandahar where I spent 10 months downwind from the burn pit, if the causes are presumptive why did I get denied?
Posted in these groups: 
Burn Pits
VA Burn Pit Registry
VA Claim
Veterans Affairs (VA)
Veterans of Foreign Wars (VFW)
Burn Pits VA Burn Pit Registry VA Claim Veterans Affairs (VA) Veterans of Foreign Wars (VFW)
Posted 2 y ago
Responses: 4
A presumptive claim has three parts - Time, Location and Health Condition. If you meet the time and location parts (it sounds like you do), then it's possible that you don't meet the health condition. Read your denial letter - it should tell you why they didn't accept your claim.
Double check the list of conditions at the PACT Act page* that lists 'burn pit and other toxic exposure conditions" that are now presumptive.
If your condition DOES fall into those categories, then it's possible that the evidence you submitted didn't clearly show the condition or (and I've seen this happen because somehow a DD214 didn't get entered into the system) that you were in the required time/location.
Double check and talk to the Service Officer at the VSO you've been working with (if you haven't been working with a VSO, then you should). If there is an absolute mistake on the VA's part (such as they didn't enter evidence you submitted into the system for determination), then have them submit the missing evidence (that was already submitted..) and do a "CUE Claim" (CUE stands for Clear and unmistakable error" - that will go a LOT faster than if you appeal the decision.
Again though, this is only if there is a clear error on the VA's part .. if they didn't have enough evidence submitted the first time you'll have to go through the appeals process.
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* https://www.va.gov/resources/the-pact-act-and-your-va-benefits/
Double check the list of conditions at the PACT Act page* that lists 'burn pit and other toxic exposure conditions" that are now presumptive.
If your condition DOES fall into those categories, then it's possible that the evidence you submitted didn't clearly show the condition or (and I've seen this happen because somehow a DD214 didn't get entered into the system) that you were in the required time/location.
Double check and talk to the Service Officer at the VSO you've been working with (if you haven't been working with a VSO, then you should). If there is an absolute mistake on the VA's part (such as they didn't enter evidence you submitted into the system for determination), then have them submit the missing evidence (that was already submitted..) and do a "CUE Claim" (CUE stands for Clear and unmistakable error" - that will go a LOT faster than if you appeal the decision.
Again though, this is only if there is a clear error on the VA's part .. if they didn't have enough evidence submitted the first time you'll have to go through the appeals process.
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* https://www.va.gov/resources/the-pact-act-and-your-va-benefits/
The PACT Act and your VA benefits | Veterans Affairs
The PACT Act is a new law that expands VA health care and benefits for Veterans exposed to burn pits, Agent Orange, and other toxic substances. The PACT Act adds to the list of health conditions that we assume (or “presume”) are caused by exposure to these substances. This law helps us provide generations of Veterans—and their survivors—with the care and benefits they’ve earned and deserve. This page will help answer your questions about what...
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Recommend you sit down with Service Officer from either (your) County Veterans Service Office - or, seek out one from a nearby VSO - Veteran's Service Organization such as VFW, American Legion, or AMVETS -- bring the VA letter denying your claim with you and your original claim submission.
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When was the claim submitted? What condition was the claim for? Exposure and proving you were there is only a piece of the puzzle. It also has to be for a specific condition
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