Can Veterans receive VA disability compensation for conditions related to burn pit exposure? The answer is yes – Veterans who served in the Southwest Asia theater of operations and developed disabilities or illnesses potentially due to burn pit exposure may be able to get VA disability benefits.
During the conflicts in Iraq and Afghanistan, many U.S. military personnel were exposed to open-air burn pits used to dispose of various types of waste on bases. These burn pits released thick clouds of toxic smoke from burning plastics, rubber, chemical wastes, and other materials. Veterans who breathed in this contaminated air may develop respiratory issues, rare cancers, and other illnesses potentially linked to burn pit exposure.
While burn pit exposure is not currently on the VA’s list of presumptive conditions for compensation, Veterans can still file claims and provide evidence linking their conditions to toxic exposures during service.
During Operation Iraqi Freedom and Operation Enduring Freedom, open-air burn pits were a widespread practice on U.S. military bases as a method of waste disposal. These pits were used to burn various materials, including:
The fumes and particulate matter released by these fires contained numerous toxic substances, such as dioxins, volatile organic compounds (VOCs), and particulate matter from plastics and other burned materials. Veterans who lived or worked near burn pits may have inhaled this contaminated air daily.
While research is still ongoing, many health experts believe that burn pit exposure could potentially cause or contribute to various illnesses, including:
Veterans and their families have expressed growing concerns over potential links between toxic exposures from burn pits and the later development of devastating illnesses. A recent survey by the Wounded Warrior Project examined toxic exposure concerns among Veterans. Researchers found that 27% of respondents reported respiratory issues and 16% reported rare cancers potentially linked to burn pit exposure.
For years, many Veterans struggled to get the Department of Veterans Affairs (VA) to recognize and compensate for conditions potentially caused by burn pit exposure. While the VA has established presumptive disability benefits for certain conditions linked to Agent Orange exposure in Vietnam, burn pit exposure was not initially on this list.
However, thanks to continued advocacy efforts and growing scientific evidence, the situation is changing. In August 2021, the VA added asthma, rhinitis, and sinusitis (occurring within 10 years of exposure) to the list of disabilities presumed to be service-connected when Veterans served in Southwest Asia and other regions.
The bipartisan PACT Act signed into law in 2022 expanded VA health care eligibility to post-9/11 combat Veterans who were exposed to burn pits and other airborne hazards. This landmark legislation added more than 20 burn pit and toxic exposure-related conditions to the VA’s presumptive list, making it easier for affected Veterans to receive care and compensation.
For Veterans navigating the claims process or facing denials, seeking legal representation from an experienced VA disability lawyer can make a significant difference. These legal professionals can help Veterans build strong cases, navigate the complex system, and fight for the maximum benefits they are owed.
Even with the PACT Act’s progress, the process of applying for VA disability benefits or appealing a past claim for conditions related to burn pit exposure can still be complex and time-consuming. A skilled legal team provides the resources to help Veterans by gathering and presenting the necessary evidence to support their case. This may include:
For many Veterans, hiring a skilled VA disability lawyer can significantly increase their chances of a successful claim outcome. These legal professionals understand the complex laws and regulations surrounding burn pit exposure and toxic exposure cases. With their help, Veterans have a better shot at the benefits they need and deserve.
Beyond the physical impacts, burn pit exposure and related illnesses can take a tremendous emotional toll on affected Veterans and their loved ones. Many Veterans suffering from rare cancers, respiratory issues, and other devastating conditions linked to toxic exposures experience immense pain, anxiety, and frustration.
It’s often a long journey getting properly diagnosed and receiving adequate care. The financial burden of medical treatments, lost income, and ongoing care can create significant stress and hardship for Veterans and their families.
Add to this the challenges of navigating the VA’s complex disability system. For some Veterans, the process of fighting for recognition and compensation for their burn pit-related conditions can feel like an uphill battle. This emotional and financial strain can negatively impact relationships, mental health, and overall quality of life.
Through it all, Veterans suffering from burn pit exposure illnesses demonstrate remarkable resilience and perseverance. Their determination to seek justice, receive proper care, and support their families is truly inspiring. At Berry Law, our lawyers are also Veterans who understand the unique challenges Veterans face. We are committed to advocating on their behalf to help them secure the benefits they have earned.
Ultimately, supporting Veterans impacted by burn pit exposure is not just a legal or medical issue – it is a matter of upholding our nation’s sacred obligation to care for those who have served and sacrificed. By standing with these Veterans, providing them with the resources and care they need, and honoring their service, we can ensure that their voices are heard, and their struggles are not in vain.
Veterans who have developed disabilities or illnesses from burn pit exposure overseas may be eligible for VA disability benefits. Veterans who have been denied service connection or given a low VA disability rating after their first application may have grounds for an appeal to increase Veteran disability benefits.
Veterans can contact Berry Law today and let us put our resources to work for them. Call our legal team at 888-883-2483 or fill out our online contact form. We represent Veterans in all 50 states and our legal team is available 24/7.
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