Veterans who were exposed to burn pits during their military service and developed health problems as a result may be eligible for disability benefits from the Department of Veterans Affairs (VA). In August 2022, the PACT Act made it easier for many Veterans to qualify for presumptive service connection for several conditions related to burn pit exposure.
The first step is to file a claim for disability compensation with the VA. This can be done online, by mail, in person, or with the help of a Veterans Service Organization or VA disability benefits attorney. When filing the claim, Veterans will need to list all their diagnosed health conditions that they believe are due to burn pit exposure during service. The VA will then review their claim and may request additional evidence before making a decision.
As of August 2022, the VA considers several conditions presumptive to file a burn pit VA claim if other criteria are met. This means if a Veteran has a presumptive condition and meets the service requirements, they do not need to prove a link between their condition and military service. Burn pit exposure is presumed based on the circumstances of their service.
Open-air burn pits were used extensively as a waste disposal method at military sites outside the United States, such as in Iraq and Afghanistan, until about 2010. Hazardous materials, medical waste, plastic, rubber, petroleum products, human waste, and more were burned, often using jet fuel as an accelerant.
The smoke and fumes from these pits contained a variety of toxic substances and carcinogens. Many Veterans have developed health problems believed to be caused by breathing in the airborne hazards and pollutants.
The PACT Act, signed into law in August 2022, is a significant piece of legislation that expands VA healthcare and benefits for Veterans exposed to toxins during their military service, including from burn pits. The full name of the law is the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act.Â
One of the key aspects of the PACT Act is that it established presumptive service connections for several conditions related to burn pit exposure. This means that if a Veteran served in certain locations during specified periods and has a diagnosis of one of the listed conditions, their illness is presumed to be connected to burn pit exposure during service.
The PACT Act has made it easier for many Veterans exposed to burn pits to qualify for VA disability benefits by removing the burden of proof for certain conditions. Veterans who were previously denied service connection for a presumptive condition may now be eligible under the new law.
The PACT Act specifies several locations and times where burn pit exposure is presumed, meaning Veterans who served in these areas do not need to provide evidence of exposure to have their disability claim considered. These are on or after September 11, 2001, in:
On or after August 2, 1990, in:
On or after August 2, 1990, in:
The smoke and fumes from burn pits contained a variety of potentially toxic substances, including:
Exposure to this toxic cocktail of chemicals and pollutants has been linked to both short-term and long-term health effects in some Veterans. Short-term effects can include eye irritation, coughing, throat irritation, breathing difficulties, skin itching, and rashes. Long-term health impacts may include asthma, chronic bronchitis and other respiratory illnesses, cardiovascular conditions, and certain cancers.
The PACT Act listed over 20 presumptive conditions for burn pit exposure, including various cancers and respiratory illnesses. If a Veteran has one of these conditions and meets the service location/time requirements, their illness is presumed to be connected to burn pit exposure during military service for purposes of VA disability compensation:
The VA considers the conditions listed above presumptively connected to burn pit exposure during service if the following criteria are met:
If both of those criteria are met, the VA will presume an association between the Veteran’s condition and their exposure to burn pits during military service. The Veteran will not need to provide any additional evidence showing how the condition is connected to their service.
In some cases, the VA may grant service connection for a condition related to burn pit exposure on a case-by-case basis, even if the condition is not on the presumptive list. This typically requires the Veteran to submit additional evidence, such as a medical nexus opinion, linking their condition to burn pit exposure during service.
Relevant evidence could include service records documenting exposure, medical records showing the diagnosis and treatment of the condition, and a doctor’s nexus opinion linking the condition to the in-service exposure.
Veterans who believe their health problems may be due to burn pit exposure should take the first step and file a disability claim with the VA. The attorneys at Berry Law are dedicated to helping fellow Veterans get the disability benefits they have earned. Our team includes Veterans from all branches of the military, so we understand firsthand the challenges of navigating the VA claims process. Let us put our experience to work to file a burn pit VA claim. Call 888-883-2483 or fill out our online contact form for a free confidential consultation. Our law firm represents Veterans in all 50 states and is available 24/7.
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