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Burn Pits

Injured due to toxic burn pits? These often unforeseen, unknown dangers arise from toxic contamination within the everyday work and living environments of those service men and women. The potential for environmental hazards is endless, but a few of those hazards, in particular, are recognized by the Department of Veterans Affairs as “military toxic exposures.” Our top burn pit lawyers are here to fight for victims injured due to toxic chemicals.

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Helping Burn Pit Cases in

The Dangers of Military Toxic Exposure: Burn Pits

The VA concedes that veterans who served in specific areas during qualifying time-frames may have suffered some sort of “toxic exposure” and that they are more likely to develop certain illnesses as a result. These so-called “presumptions” give rise to “presumptive service connection,” meaning a condition is presumed to be related to a veteran’s military service if other precise criteria set forth by the VA are met. Those veterans may be entitled to compensation for their illnesses.

Did you know that the largest military burn pit was in Iraq and covered nearly 10 acres at Joint Base Balad? By 2007, this military base was burning up to 200 tons of waste daily. Nearby, some 25,000 staff members would breathe in the toxic fumes. A common method of burning military base toxic waste was to throw jet fuel on it and ignite it. The smoke veterans were exposed to would have contained various toxic chemicals. Different exposure times would also have impacted how severe the impact was on their health. Veterans with prior health problems, such as asthma or heart issues, may have been impacted more severely.

In April this year, VA linked nine rare respiratory cancers to military service. These include various cancers of the lung, trachea, and larynx. Some believe this is because President Joe Biden has a personal connection and has raised concern over burn pits on several occasions. Biden’s son Beau died of rare brain cancer in 2015. The president said he suspects a link to his service in Iraq, where toxic exposure was common.

In June, the Senate passed a toxic exposure bill that will improve health benefits for those who served in areas where they were exposed to toxic burn pits.

The Veterans Affairs Committee has been slow to respond to claims that burn pits have had severe health effects. However, the issue is now gaining more political attention.

Burn Pits Are the New Agent Orange

Just as Agent Orange has become analogous to Vietnam, burn pits are becoming increasingly associated with military service in Iraq and Afghanistan.

Burn pits were commonly used in these areas to dispose of a variety of waste products. Much of this waste consisted of household trash, but, also contained more toxic substances including paint, plastic, human waste, and much more.

These burn pits emitted airborne hazards such as smoke, fumes, and particulate matter often nearby to where service members lived and worked. Imagine–thick billows of black smoke the wind then spreads in multiple directions, reaching those even further outside the burn pit’s proximity.

The obvious major concern is the impact these airborne hazards can have on the lungs when breathed in. Of course, other issues could include skin, cardiovascular, and neurological concerns.

After studying the effects of these airborne hazards on the long-term health of those exposed, the Department of Defense closed out most burn pits, and plans are in place to close those remaining.

Tragically, that action comes too late for the roughly 3.5 million troops who already suffered exposure and are now experiencing or at heightened risk for long-term health problems associated with burns pits. Many have returned home only to find that, while they may have evaded the enemy, they had developed serious, sometimes life-altering symptoms or conditions, some of which could be fatal. 

Presumptive Service Connection for Burn Pit Exposure

Until recently, the VA did not recognize presumptive service connection for any conditions related to toxic exposure from burn pits.

Fortunately, in April 2022, the VA announced it would presume service connection for many respiratory ailments including asthma, sinusitis, rhinitis, and nine rare respiratory cancers.

Eligibility under the presumption for some of these conditions requires the veteran to develop these conditions within 10 years of service.

To be clear, toxic exposure alone is not enough for a presumptive service connection. A veteran must be able to show he or she has developed one of the related conditions enumerated by the VA.

Research on Military Exposures to Burn Pits

While many in the army began complaining about health problems linked to burn pits while still on active duty, research has been slow to catch up for veterans with disabilities.

The Veterans Affairs Committee has teamed up with environmental health experts, epidemiologists, and other specialists to better understand the impact of burn pit exposure on veterans’ health. They also set up a registry to collect data on the health effects of toxic exposure.

A 2021 study showed very high rates of respiratory disorders and unusual cancers in those exposed to burn pits. 

This method of waste disposal started as a temporary solution to get rid of anything and everything in a war zone. However, it was so cheap and easy that it became routine.

Frequently Asked Questions

Burn pits were commonly used on military bases in Iraq, Afghanistan, and other overseas locations to dispose of waste. Items burned included chemicals, medical waste, rubber, plastic, and other hazardous materials, creating toxic smoke that service members inhaled daily. In Iraq, one burn pit spanned nearly 10 acres, creating an ongoing fire that exposed troops across the base to airborne toxins. The Department of Defense estimates that approximately 3.5 million troops may have been exposed to burn pit smoke.

Although usage has declined, burn pits have not been fully eliminated. Veterans who served overseas may still suffer long-term effects of burn pit exposure.

Exposure to burn pit smoke can cause both short-term and long-term health complications. Long-term conditions may impact:

  • Gastrointestinal system
  • Peripheral nervous system
  • Cardiovascular system
  • Reproductive system
  • Central nervous system
  • Kidneys
  • Liver
  • Eyes
  • Respiratory system
  • Skin

Studies have shown that 100 to 200 tons of waste were burned daily at some locations, exposing troops to multiple toxic chemicals.

Active duty service members and veterans can enroll in the VA’s Airborne Hazards and Open Burn Pit Registry. This registry helps the VA better understand long-term health impacts from airborne toxic exposures. Eligibility includes service during:

  • Operation New Dawn (OND)
  • Operation Iraqi Freedom (OIF)
  • Operation Enduring Freedom (OEF)
  • Operation Desert Storm or Desert Shield (ODS)

Participation is encouraged even if you do not currently have symptoms.

The following conditions are now considered presumptive for veterans exposed to burn pits:

  • Brain cancer
  • Gastrointestinal cancers
  • Glioblastoma
  • Head cancers
  • Kidney cancer
  • Neck cancers
  • Pulmonary fibrosis
  • Pancreatic cancer
  • Reproductive cancers
  • Respiratory cancers
  • Lymphatic cancers
  • Lymphoma
  • Melanoma
  • Asthma diagnosed after exposure
  • Chronic bronchitis
  • Chronic sinusitis
  • Constrictive bronchiolitis
  • Emphysema
  • Chronic obstructive pulmonary disease (COPD)
  • Chronic rhinitis
  • Granulomatous disease
  • Interstitial lung disease (ILD)
  • Pleuritis

If you suffer from any of these presumptive conditions after burn pit exposure, you may qualify for VA disability compensation and health care benefits.

Few people are unfamiliar with the herbicides that were used in Vietnam and other regions of Southeast Asia, known to most as “Agent Orange,” which had devastating health effects on many veterans who served in the Vietnam War. However, some other examples include radiation exposure, contaminated drinking water, asbestos, and one of the most recent and lesser-known toxic exposures to come to light, airborne hazards from military “burn pits.”  

If your VA burn pit disability claim was denied, you may have options.

Common reasons for denial include:

  • Misdiagnosis
  • No confirmed diagnosis
  • No documented service treatment
  • No nexus between service and current condition
  • Lack of continuity of treatment

If your condition is now presumptive under the PACT Act, you may file a supplemental claim.

If your denial occurred after February 19, 2019, you have three appeal options:

  • Supplemental Claim
  • Higher-Level Review
  • Board Appeal

Appeals must generally be filed within one year of your decision letter.

A VA disability appeals attorney can help determine the strongest path forward.

Veterans who could qualify for presumptive service connection for burn pit exposure include active-duty service members who served in the Southwest Asia Theater of Operations from August 2, 1990, to the present or in Afghanistan, Uzbekistan, Syria, or Djibouti during the Persian Gulf War from September 11, 2001 to the present.

Suppose you served in any of the military toxic burn pit locations. In that case, you may have experienced short-term symptoms from toxic exposure to chemical fumes.

These health problems may have included:

  • Coughing
  • Breathing issues
  • Eye irritation
  • Burning throat
  • Rashes or skin conditions

Some long-term health problems from these toxins are a wide range of cancers affecting the brain, lungs, kidneys, thyroid, pancreas, and more. If you had short-term symptoms while on duty, this may be a sign your more serious health issues are linked.

Asthma, bronchitis, and other respiratory disorders should also raise the alarm. So too should migraines, autoimmune issues, sleeping disorders, and heart problems.

Suppose you have asthma, chronic sinusitis, or chronic rhinitis, or developed an eligible condition within 10 years of leaving the army. In this case, you can file a claim for compensation without the burden of proof.

VA will evaluate other chronic conditions depending on your case. You will need to present your diagnosis via medical records. You will also need to link your diagnosis to military base toxic exposure.

If you believe you were harmed due to toxic chemical, the first step is to contact our team for a free case evaluation. During this process, we will review your medical history and determine if your health issues are linked to exposure to toxic chemicals. If you are eligible, we will file a lawsuit on your behalf. Our attorneys will handle all aspects of your case, including gathering evidence, and representing you in court. Throughout the process, we will keep you informed and work tirelessly to secure the compensation you deserve.

At Wettermark Keith Veterans Disability Lawyers, we represent veterans and their families across the United States seeking VA burn pit disability benefits. We help veterans:

  • File VA burn pit disability claims
  • Appeal denied VA disability decisions
  • Establish service connection
  • Maximize disability ratings
  • Navigate PACT Act eligibility

We may take your case even if you were previously denied.

You’re not just another case. You’re someone who deserves justice, care, and a trusted team that never stops fighting for you.

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