The PACT Act, signed into law in 2022, was the largest expansion of veterans' toxic exposure benefits in decades. It created presumptive service connections for dozens of conditions linked to burn pits, Agent Orange, radiation, and other hazardous exposures — meaning veterans with qualifying diagnoses no longer have to prove a direct link between their illness and their military service. The law was a genuine breakthrough. But nearly three years later, a critical piece of its implementation remains unfinished.

What the Pending Rule Would Do

In October 2024, the Department of Veterans Affairs submitted a finalized rule — RIN 2900-AR75 — to the Office of Information and Regulatory Affairs (OIRA) for review. According to the Federal Register, the rule would formally write the PACT Act's toxic exposure presumptions into binding VA adjudication regulations. Right now, VA claims processors are operating under guidance and training rather than codified regulatory language. The rule would close that gap, standardizing how claims are evaluated and creating a firmer legal foundation for veterans whose claims are denied and who seek to appeal.

As of the Spring 2025 Unified Agenda, OIRA's own Reginfo.gov entry for RIN 2900-AR75 listed the rule as still under review — with no release date.

Errors and Denials in the Meantime

The longer the rule sits, the more veterans are affected by inconsistent processing. Two separate investigations by the VA's own watchdog make the problem concrete.

A July 2025 report from the VA Office of Inspector General found that VA staff incorrectly processed a significant portion of denied claims for presumptive PACT Act conditions — meaning veterans with diagnoses that legally qualify for automatic service connection were turned away due to processing errors. A separate OIG report from September 2025, also from the VA Office of Inspector General, found that controls for nonpresumptive toxic exposure claims — cases where veterans must demonstrate the connection themselves — were inadequate, leading to further inaccurate decisions.

Together, these findings point to a system still struggling to consistently apply a law that has already been on the books for years.

Who Is Still Waiting

The veterans most affected include those exposed to open burn pits in Iraq, Afghanistan, and elsewhere, as well as those exposed to Agent Orange in Vietnam and surrounding areas, and veterans who served near radiation sites. Resources from HadIt.com, Advocates for Benefits, and USMilitary.org document dozens of presumptive conditions now covered under the PACT Act — from rare cancers to respiratory illnesses — many of them serious and progressive. For veterans with these diagnoses, delays in processing aren't abstractions. They translate directly to delayed or denied compensation and health care.

The Step That Can Stabilize the System

Finalizing RIN 2900-AR75 would give VA adjudicators a clear, binding regulatory framework — reducing the processing inconsistencies the OIG has repeatedly flagged and giving veterans stronger footing when decisions are appealed. It is the administrative step that completes what Congress started.

OIRA has the authority to complete its review and release this rule. Veterans who served cannot afford to keep waiting for the paperwork to catch up to the promise.

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