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Updated Dec 07, 2023

 

In This Section

 

This section contains the topic, “General Information Associated With Exposure to Fine Particulate Matter.”

1.  General Information Associated With Exposure to Fine Particulate Matter

Introduction

  

This topic contains general information on presumptive service connection (SC) for disabilities resulting from exposure to fine particulate matter, including

Change Date

  

December 7, 2023

VIII.ii.2.A.1.a.  Regulatory and Legislative History of Presumptive Fine Particulate Matter Exposure

  
The table below discusses the regulatory and legislative history of presumptive fine particulate matter exposure.
 
Provision
Effective Date of Change
The Department of Veterans Affairs (VA) created 38 CFR 3.320, which established a presumption of
  • exposure to fine particulate matter for Veterans with qualifying service, and
  • service connection (SC) for specific, chronic respiratory conditions that become manifest within 10 years of separation from a period of active duty.
August 5, 2021
VA amended 38 CFR 3.320 to extend presumptive SC to include specific rare respiratory cancers that become manifest to any degree at any time after separation from service, as discussed in the attachment, Historical_M21-1VIII_ii_2_SecA_5-4-22.docx.
April 26, 2022
Public Law (PL) 117-168, Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022 created
  • 38 U.S.C. 1119, which creates a presumption that any covered Veteran was exposed to substances, chemicals, and airborne hazards identified in a list created by the Secretary of VA, and
  • 38 U.S.C. 1120, which allows for presumptive SC for specific disabilities that become manifest at any time after service.
Important:  The presumptions established in 38 U.S.C. 1119 and 38 U.S.C. 1120 by the PACT Act subsumed 38 CFR 3.320.  To implement these PACT Act provisions, the presumption of exposure to fine particulate matter was extended.  The presumption now includes the following:
  • all covered Veterans who served in the locations listed in 38 U.S.C. 1119(c) and those previously recognized in 38 CFR 3.320, and
  • exposure to toxic substances, chemicals, and airborne hazards, including fine particulate matter.
August 10, 2022
VA published the final rulemaking for asthma, rhinitis, and sinusitis (to include rhinosinusitis), which included the following regulatory provisions:
  • removed the requirement for these specific, chronic respiratory conditions to manifest within a presumptive period of time after service, and
  • clarified the definition of qualifying service.
Important:  This October 2023 rulemaking removed from regulation the required 10-year manifestation period for asthma, rhinitis, and sinusitis, which was already effectuated by the PACT Act in August 2022.  Therefore, the October 2023 rulemaking provides no basis on which to grant an effective date or an earlier effective date under 38 CFR 3.114.  
October 31, 2023
 
References:  For more information on

VIII.ii.2.A.1.b.  Definition:  Fine Particulate Matter

  
Fine particulate matter is a form of air pollution (also called particle pollution) that is comprised of a complex mixture of extremely small particles and liquid droplets that results from primary sources of dust storms and emissions from local industries.  These microscopic particles can be inhaled and travel into the lungs and bloodstream, causing disease.  Fine particulate matter, also referred to as PM2.5 , is made up of a number of components including
  • acids (such as nitrates and sulfates)
  • organic chemicals
  • metals, and
  • soil or dust particles.
Notes: 
  • Primary sources of particulate matter include the following:
    • dust storms and other wind-borne suspension of organic and inorganic particles
    • diesel engine emissions from generators and military vehicles and trucks
    • burn pit emissions, and
    • industrial pollutants.
  • If a Veteran claims a disability related to exposure to burn pits, claims processors must consider the claim under the presumption of exposure to fine particulate matter.

VIII.ii.2.A.1.c.  Conceding Exposure to Fine Particulate Matter

  
Follow procedures outlined in the PACT Act Implementation SOP to establish exposure to toxic substances, chemicals, and airborne hazards, including fine particulate matter.  

VIII.ii.2.A.1.d.  Establishing Presumption of SC For Qualifying Disabilities

  
Veterans who served in a qualifying location as listed in M21-1, Part VIII, Subpart ii, 2.A.1.e and are suffering from a presumptive 38 U.S.C. 1120 disability may receive compensation benefits.
Exception:  Presumptive SC cannot be established if there is affirmative evidence the disability(ies) was
  • caused by another condition or event that occurred between the Veteran’s qualifying service and the onset of the disability, or
  • the result of the Veteran’s own willful misconduct or the abuse of alcohol or drugs.
Reference:  For more information on presumptive disabilities under 38 U.S.C. 1120, see M21-1, Part VIII, Subpart ii, 2.A.1.f.

VIII.ii.2.A.1.e.  Qualifying Service for Presumptive Fine Particulate Matter Exposure

  
VA will presume exposure to toxic substances, chemicals, and airborne hazards, including fine particulate matter for any Veteran who served during the applicable timeframe in one of the locations as listed in the table below. 
 
Note:  There is no minimum duration of exposure required for VA to concede exposure to toxic substances, chemicals, and airborne hazards, including fine particulate matter at these locations.
 
Time period
Recognized Locations
Active service on or after August 2, 1990
Duty station in, including airspace above
  • Bahrain
  • Iraq
  • Kuwait
  • Oman
  • Qatar
  • Saudi Arabia
  • Somalia
  • United Arab Emirates
  • the neutral zone between Iraq and Saudi Arabia
  • the Gulf of Aden
  • the Gulf of Oman
  • the Persian Gulf
  • the Arabian Sea, and
  • the Red Sea.
Active service on or after September 11, 2001
Duty station in, including airspace above
  • Afghanistan
  • Djibouti
  • Egypt
  • Jordan
  • Lebanon
  • Syria
  • Yemen, or
  • Uzbekistan.
 
Important:  The definition of covered Veteran in 38 U.S.C. 1119 does not include all locations currently recognized in 38 CFR 3.320 for presumptive fine particulate matter exposure.  VA will resolve this issue in future rulemaking.  In the interim, claims processors should include all locations listed above recognized in the statute as well as the regulation when considering presumptive claims based on exposure to toxic substances, chemicals, and airborne hazards, including fine particulate matter.
 
References:  For more information on

VIII.ii.2.A.1.f.  Presumptive Disabilities Under 38 U.S.C. 1120

  

Effective August 10, 2022, the PACT Act created 38 U.S.C. 1120, which allows for presumptive SC for certain diseases associated with exposure to burn pits and other toxins.  Under 38 U.S.C. 1120, a qualifying disease becoming manifest in a covered Veteran shall be considered to have been incurred in or aggravated during active military, naval, air, or space service, even though there is no evidence of the disease during service.

 

References:  For more information on