For many Veterans who served in Iraq, Afghanistan, and other overseas locations during recent conflicts, the term “burn pit” evokes vivid memories of thick, acrid smoke billowing across military bases. So what are burn pits in the military? These open-air waste disposal areas were a common sight in war zones, but their long-term health impacts have become a growing concern for Veterans and healthcare providers alike.
Veterans exposed to the toxic chemicals from burn pits report health problems including respiratory illnesses, gastrointestinal and neurological problems, and even cancer. The U.S. Department of Veterans Affairs (VA) provides disability benefits for Veterans who are impacted by injuries and illnesses as a result of their military service. However, the claims process is not always straightforward.
An experienced VA disability benefits lawyer can be a valuable advocate for Veterans fighting to claim the compensation they earned. At Berry Law, our military burn pit exposure attorneys are ready to help.
Burn pits were large areas of land on military bases or near encampments where waste materials were disposed of by burning. These pits varied in size, sometimes covering multiple acres, and were used as a practical solution for waste management in areas where traditional disposal methods were not readily available or feasible due to operational constraints.
During military operations in Iraq, Afghanistan, and other locations, U.S. forces faced significant challenges in managing the vast amounts of waste generated by thousands of troops. Traditional waste management infrastructure was often non-existent or had been destroyed during conflicts. As a result, burn pits became the primary method for disposing of waste materials.
Burn pits were used to incinerate a wide variety of materials, including:
The diverse nature of the materials burned in these pits contributed to the complex mixture of potentially harmful substances released into the air.
The use of burn pits was often viewed as a necessary evil in the context of military operations. They provided a quick and relatively simple solution for waste management in environments where more sophisticated disposal methods were impractical. The priority was to maintain hygiene and prevent the accumulation of waste that could attract vermin or disease-carrying insects, which could pose immediate health risks to troops.
The use of burn pits was widespread during operations in Iraq and Afghanistan. According to a report by the Special Inspector General for Afghanistan Reconstruction (SIGAR), there were at least 251 burn pits in use at U.S. military sites across Afghanistan in 2019.
Some of these burn pits operated continuously for years, with the largest and most notorious being the burn pit at Joint Base Balad in Iraq, which covered nearly 10 acres and burned up to 200 tons of waste per day at its peak.
As Veterans returned home from deployments, many began reporting health issues that they believed were connected to their exposure to burn pit smoke. The potential health risks associated with burn pit exposure have since become a significant concern for the military and Veteran communities.
The burning of such a diverse range of materials at relatively low temperatures produced a complex mixture of pollutants. These emissions included:
The exact composition of burn pit emissions varied depending on the materials being burned and environmental conditions, making it challenging to determine the specific health risks for individual Veterans.
Many service members reported immediate health effects from exposure to burn pit smoke, including:
These acute symptoms were often attributed to the harsh environment and considered a temporary inconvenience. However, for some Veterans, these issues persisted long after their deployments ended.
As time passed, Veterans began reporting more serious and chronic health conditions that they believed were linked to burn pit exposure. Some of these conditions include:
The full extent of long-term health effects from burn pit exposure is still being studied, and research is ongoing to establish clearer links between specific exposures and health outcomes.
As awareness of burn pit-related health issues grew, the VA faced increasing pressure to address these concerns and provide support for affected Veterans. The VA’s response has evolved, reflecting the growing body of research and advocacy efforts by Veterans and their supporters.
The VA began formally acknowledging potential health risks associated with burn pit exposure in the late 2000s. In 2014, the agency established the Airborne Hazards and Open Burn Pit Registry, allowing Veterans to document their exposure and health concerns. This registry serves as both a resource for Veterans and a tool for researchers studying the long-term effects of burn pit exposure.
One of the most significant developments in the VA’s approach to burn pit-related illnesses has been the establishment of presumptive conditions. These are specific health conditions that the VA presumes to be service-connected for Veterans who were exposed to burn pits during their military service.
This presumption simplifies the process for Veterans seeking disability benefits, as they don’t need to prove a direct link between their condition and their military service. As of 2022, the list of presumptive conditions related to burn pit exposure has expanded significantly. Some of the conditions now included are:
It’s important to note that this list may continue to evolve as new research emerges and our understanding of the long-term effects of burn pit exposure improves.
A major milestone in addressing burn pit-related illnesses was the passage of the Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act in 2022. This legislation significantly expanded VA health care and benefits for Veterans exposed to burn pits and other toxic substances. Key provisions of the PACT Act include:
The PACT Act represents a significant step forward in recognizing and addressing the health impacts of burn pit exposure on Veterans.
For Veterans who believe they are suffering from health conditions related to burn pit exposure, navigating the process of claiming benefits can be challenging. Here’s an overview of the steps involved:
Veterans who served in specific locations during defined timeframes may be eligible for benefits related to burn pit exposure. These locations include: Iraq, Kuwait, Saudi Arabia, Oman, and Qatar (from August 2, 1990, to the present); Afghanistan, Djibouti, Syria, and Uzbekistan (from September 19, 2001, to the present).
While the establishment of presumptive conditions has simplified the process for many Veterans, it’s still important to gather as much documentation as possible, including:
Veterans can file a claim for disability compensation through the VA’s website, by mail, or in person at a VA regional office. The claim should clearly state that the condition is believed to be related to burn pit exposure during military service.
In many cases, the VA will schedule a Compensation and Pension (C&P) examination to assess the severity of the claimed condition and its potential connection to military service.
After reviewing the claim and any supporting evidence, the VA will issue a decision. If the claim is denied or the Veteran disagrees with the rating assigned, there are several levels of appeal available, including:
Throughout this process, Veterans may benefit from the assistance of an experienced attorney who focuses on Veterans’ benefits. A lawyer can help gather records to support the claim, ensure filing deadlines are met, and represent Veterans in the appeal process if a claim is denied or undervalued.
The use of burn pits in military operations was a practical solution to a complex problem, but its long-term consequences have proven to be far-reaching and severe for many Veterans. For Veterans who suspect they may be suffering from conditions related to burn pit exposure, it’s important to take action.
At Berry Law, many of our attorneys and legal staff are Veterans. We uniquely understand the experience of military service and how it may affect Veterans’ health. Our firm represents Veterans from all branches of the military nationwide. We know the challenges of navigating the VA claims process and are ready to put our experience to work to help Veterans secure the benefits they’ve earned.As a nation, we owe it to our Veterans to continue pushing for research, improved healthcare, and comprehensive benefits for those affected by burn pit exposure. By supporting affected Veterans, we can honor their service and ensure they receive the care and recognition they’ve earned. Call Berry Law at 888-883-2483 or fill out our online contact form for a free confidential consultation.
Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter.
