Many Veterans returning from service in the Middle East have faced a harsh reality: the health challenges resulting from exposure to toxic burn pits. These burn pits, used extensively during post-9/11 and Gulf War conflicts to dispose of waste, released hazardous fumes that countless Veterans inhaled daily. Now, years later, many of these brave individuals are struggling with serious respiratory conditions and other health problems directly linked to their service.
The Department of Veterans Affairs (VA) can support these Veterans and provide the compensation and healthcare they need. If you’re facing challenges securing these benefits, a Massachusetts VA disability benefits lawyer can help. Recognizing the sacrifices made, the VA has implemented measures to make it easier for Veterans to receive the benefits they deserve.
The bipartisan Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (PACT Act) is a significant step in this direction, expanding the list of burn pit exposure presumptive conditions and ensuring more Veterans have access to the support they need.
The PACT Act has significantly expanded VA benefits for U.S. Veterans and their families. This legislation particularly impacts Veterans of post-9/11 and Gulf War conflicts who served in Afghanistan, Iraq, and various locations across the Middle East. For these Veterans, exposure to burn pits was common.
Veterans who served in these locations and have symptoms or diagnoses of associated burn pit exposure presumptive conditions may qualify for these expanded benefits. The VA lists the following locations for post-9/11 service:
For Gulf War-era Veterans, presumed locations (for service on or after August 2, 1990) include:
Service in the airspace above these locations is also included.
One of the PACT Act’s key provisions is the addition of over 20 new presumptive conditions related to toxic exposure, recognized by the VA. A presumptive condition is one that the VA can assume is connected to a Veteran’s service, based on their service dates and locations. This expansion aims to streamline the process for Veterans seeking compensation for health issues linked to their service.
As of 2023, the VA recognizes the following as presumptive conditions for burn pit exposure:
Veterans can still apply for disability benefits even if their specific condition is not on the presumptive list. Commonly reported illnesses associated with toxic burn pit exposure include:
Other ailments including liver disorders and kidney diseases may also be related to burn pit exposure. While these conditions are not currently on the VA’s presumptive list for burn pit exposure, ongoing research continues to investigate potential links. Veterans experiencing these or other health issues they believe may be related to burn pit exposure should still consider filing a claim with the VA.
Veterans can still apply for disability benefits for conditions not on the presumptive list if they believe these conditions are related to their military service, including burn pit exposure. While the process for non-presumptive conditions can be more challenging, it’s not impossible.
The key is providing strong evidence linking the condition to burn pit exposure during military service. Veterans are encouraged to work with an experienced VA disability benefits lawyer who can assist in preparing a comprehensive claim.
The Veteran must demonstrate a link between their current condition and their military service. This can be done through:
When filing a claim for a non-presumptive condition, Veterans should provide as much evidence as possible to establish a connection between their condition and their military service, including exposure to burn pits.
As of 2024, the implementation of the PACT Act continues to evolve. The VA has been working to process claims more efficiently and has expanded its outreach efforts to inform eligible Veterans about these benefits.
In addition, there have been ongoing discussions about further expanding the list of presumptive conditions and locations. Veterans are encouraged to stay informed about potential updates by regularly checking the VA’s official website or consulting with Veterans’ service organizations.
The VA has also implemented new screening processes to identify Veterans who may have been exposed to environmental hazards during their service. This proactive approach aims to connect more Veterans with the care and benefits they deserve.
Veterans who believe they may be eligible for these expanded benefits are encouraged to apply through the VA. Even if a claim was previously denied, Veterans may be eligible to reapply under the new provisions of the PACT Act.
For those seeking assistance with VA disability benefits claims or appeals, Berry Law stands ready to provide the expert legal representation needed to navigate the complexities of the process. Veterans facing health issues related to burn pit exposure can find support and guidance from Berry Law.
Many of the lawyers and legal team at Berry Law are Veterans, providing them with a unique and empathetic understanding of the challenges Veterans encounter in the claims process. This shared experience ensures that every case is handled with the dedication and insight it deserves.
Berry Law has a successful track record of representing Veterans from all branches of the service across the country. The team remains up-to-date on the latest legislation affecting burn pit claims, including the PACT Act. This commitment to staying informed allows Berry Law to effectively advocate for Veterans, ensuring they receive the compensation and benefits they are entitled to for their service-related health conditions.
Contact the experienced VA disability benefits lawyers at Berry Law by calling 888-883-2483 or filling out the online contact form for a free confidential consultation. The law firm works with Veterans in all 50 states and is available 24/7.
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