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Burn Pit Exposure VA Disability Lawyer

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.

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.

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