Claim Raven explanation
What this means
This rule covers presumptive service connection for asthma, rhinitis, sinusitis, and specified rare respiratory cancers after qualifying service involving presumed fine particulate exposure. The listed diseases may appear to any degree at any time after qualifying separation.
The regulation identifies qualifying locations and periods and includes exceptions. Other toxic-exposure statutes cover additional conditions, so the diseases in this section do not represent the entire PACT Act presumptive list.
How this helps your claim
Match your diagnosis and deployment history to this rule. If a decision used an older ten-year manifestation limit, compare it with the version shown here and the law applicable to your claim.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Confirm the diagnosis, including whether the record says chronic rhinitis, sinusitis, or asthma.
- Locate deployment records identifying the qualifying location and dates.
- Check which manifestation rule and source version VA applied to the claim.
Connect the diagnosis with the qualifying service
Exposure and disease are separate parts of this presumption. Service records can establish a covered location and period, while medical records establish the actual condition. A deployment summary may not contain enough detail to answer both questions.
Check the diagnosis wording carefully, especially when a record uses a general description such as breathing problems. The section names particular diseases and cancers. If the condition is covered by another toxic-exposure statute instead, keep that authority distinct rather than stretching this list to include every possible illness.
Must the illness have appeared immediately after deployment?
This provision describes manifestation to any degree at any time after the specified qualifying separation. That does not eliminate the need for the covered diagnosis and service facts. Read the full requirements and any applicable exception before using the timing language to assess a particular claim.
Official regulatory text
38 CFR § 3.320
eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 3.320 Claims based on exposure to fine particulate matter.
(a) Service connection based on presumed exposure to fine particulate matter —
(1) General. Except as provided in paragraph (b) of this section, a disease listed in paragraphs (a)(2) and (3) of this section shall be service connected even though there is no evidence of such disease during the period of military service.
(2) Chronic diseases associated with exposure to fine particulate matter. The following chronic diseases will be service connected if manifested to any degree (including non-compensable) at any time following separation from a qualifying period of military service as defined in paragraph (a)(5) of this section.
(i) Asthma.
(ii) Rhinitis.
(iii) Sinusitis, to include rhinosinusitis.
(3) Rare cancers associated with exposure to fine particulate matter. The following rare cancers will be service connected if manifested to any degree (including non-compensable) at any time following separation from a qualifying period of military service as defined in paragraph (a)(5) of this section.
(i) Squamous cell carcinoma of the larynx.
(ii) Squamous cell carcinoma of the trachea.
(iii) Adenocarcinoma of the trachea.
(iv) Salivary gland-type tumors of the trachea.
(v) Adenosquamous carcinoma of the lung.
(vi) Large cell carcinoma of the lung.
(vii) Salivary gland-type tumors of the lung.
(viii) Sarcomatoid carcinoma of the lung.
(ix) Typical and atypical carcinoid of the lung.
(4) Presumption of exposure. A Veteran who has a qualifying period of service as defined in paragraph (a)(5) of this section shall be presumed to have been exposed to fine, particulate matter during such service, unless there is affirmative evidence to establish that the veteran was not exposed to fine, particulate matter during that service.
(5) Qualifying period of service. The term qualifying period of service means any period of active military, naval, air, or space service in:
(i) The Southwest Asia theater of operations during the Persian Gulf War.
(ii) Afghanistan, Syria, Djibouti, or Uzbekistan on or after September 19, 2001, during the Persian Gulf War.
(6) Definitions.
(i) The term Southwest Asia theater of operations means Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above these locations, as defined in § 3.317(e)(2).
(ii) The term Persian Gulf War means August 2, 1990, through date to be prescribed by Presidential proclamation or law, as defined in § 3.2(i).
(b) Exceptions. A disease listed in paragraphs (a)(2) and (3) of this section shall not be presumed service connected if there is affirmative evidence that:
(1) The disease was not incurred during or aggravated by a qualifying period of service; or
(2) The disease was caused by a supervening condition or event that occurred between the Veteran's most recent departure from a qualifying period of service and the onset of the disease; or
(3) The disease is the result of the Veteran's own willful misconduct.
(Authority: 38 U.S.C. 501(a))
[88 FR 60341, Sept. 1, 2023]
Related references
- 38 CFR § 3.317: Gulf War Illness and Unexplained Symptoms
- 38 CFR § 3.2: Wartime service periods for VA benefits
- 38 CFR § 4.1: What a VA disability rating measures
- 38 CFR § 3.159: VA duty to assist: records and examinations
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