Burn pits were used extensively by the U.S. military in Iraq, Afghanistan, and other locations to dispose of waste, from chemicals to human waste and military equipment. Veterans exposed to these toxic burn pits have experienced a range of serious health conditions, many of which are now recognized by the VA as presumptive conditions for disability benefits. If you were exposed to burn pits during your service, you may qualify for VA compensation for these health conditions.
In this blog, we’ll explore the VA’s presumptive conditions for burn pit exposure, how to file a successful claim, and tips for strengthening your case to secure the benefits you deserve.
What Are Burn Pits?
Burn pits were large, open-air areas used to burn waste at military bases. The materials burned often included plastics, medical waste, chemicals, and other toxic substances that produced harmful fumes. Veterans who lived or worked near these burn pits were exposed to a wide range of toxic chemicals, including dioxins, particulate matter, and other harmful pollutants.
These exposures have been linked to several respiratory, cardiovascular, and other serious health conditions that may not present symptoms until years after the veteran’s service.
Presumptive Conditions for Burn Pit Exposure
In response to growing evidence of the health risks associated with burn pit exposure, the VA has created a list of presumptive conditions linked to this exposure. Veterans with these conditions who served in qualifying locations during the specified timeframes can receive disability benefits without having to prove a direct link between their condition and their military service.
Common Presumptive Conditions for Burn Pit Exposure:
- Asthma (diagnosed after service)
- Chronic Bronchitis
- Chronic Obstructive Pulmonary Disease (COPD)
- Chronic Rhinitis
- Chronic Sinusitis
- Constrictive Bronchiolitis
- Emphysema
- Interstitial Lung Disease
- Lung Cancers
- Sarcoidosis
Example:
A veteran who was stationed in Iraq and developed chronic bronchitis years after leaving the service can qualify for VA disability benefits under the presumptive service connection for burn pit exposure, as bronchitis is a recognized condition.
Qualifying for Burn Pit Benefits: Eligibility Criteria
To qualify for VA disability benefits related to burn pit exposure, you must meet the following eligibility criteria:
- Service Location and Timeframe: You must have served in a qualifying location, such as Iraq, Afghanistan, or other parts of Southwest Asia, during a specific timeframe (typically August 2, 1990, to present for Southwest Asia and September 19, 2001, to present for Afghanistan).
- Diagnosed Condition: You must have one of the VA’s recognized presumptive conditions, such as asthma, COPD, or lung cancer, diagnosed after your exposure to burn pits.
Example:
A veteran who served in Afghanistan between 2002 and 2005 and was diagnosed with asthma in 2018 would qualify for burn pit-related benefits, as asthma is on the VA’s presumptive list and the veteran’s service falls within the eligible timeframe.
Strengthening Your VA Claim for Burn Pit Exposure
To successfully secure disability benefits for burn pit exposure, it’s crucial to gather the right evidence and present a strong case. Here are several strategies for building a solid claim:
1. Provide Detailed Medical Evidence
The key to a successful burn pit claim is strong medical evidence that documents your diagnosis and links it to burn pit exposure. Since the VA now presumes that certain conditions are related to burn pit exposure, it’s important to show the severity and progression of your condition.
- Submit Diagnosis Confirmation: Provide medical records that confirm your diagnosis of a presumptive condition, such as asthma, bronchitis, or lung cancer. Include test results, treatment plans, and any relevant imaging or lab reports.
- Track the Progression of Your Condition: If your condition has worsened over time, submit updated medical records that reflect the current severity of your symptoms. This can help support a higher disability rating.
Example:
A veteran with COPD should submit records from their pulmonologist documenting breathing difficulties, lung function tests, and the use of medications or oxygen therapy to manage their symptoms.
2. Provide Proof of Service in Qualifying Locations
To qualify for burn pit-related disability benefits, you must demonstrate that you served in a location where burn pits were used. This can be done through your service records, deployment records, or MOS records.
- Submit Form DD-214: This document shows your service history, including the locations and dates of your deployment. Make sure your DD-214 clearly lists your service in a qualifying region, such as Iraq or Afghanistan.
- Submit Unit or Deployment Records: If your DD-214 doesn’t provide enough detail, submit additional service records that show your location and duties during your deployment.
- Buddy Statements: If your records are incomplete or missing, consider submitting buddy statements from fellow service members who can confirm your presence near burn pits.
Example:
A veteran who was stationed in Iraq as a logistics specialist can submit their DD-214 and unit records showing that they were deployed to a base with burn pits during the Gulf War.
3. Seek a Nexus Letter from a Specialist
Although burn pit conditions are presumptively service-connected, obtaining a nexus letter from a medical specialist can further strengthen your claim, particularly if your condition isn’t on the VA’s presumptive list or you’re appealing a denial.
- What Makes a Strong Nexus Letter: The letter should state that it is “at least as likely as not” that your condition was caused by exposure to burn pits during your military service. The doctor should reference your service history, your exposure to toxic chemicals, and how these exposures may have contributed to your condition.
- Specialist Opinions Hold More Weight: A nexus letter from a pulmonologist or oncologist who specializes in respiratory or lung conditions can carry more weight than a general practitioner’s opinion.
Example:
A veteran with interstitial lung disease can strengthen their claim by obtaining a nexus letter from a pulmonologist who explains how toxic fumes from burn pits likely caused or contributed to their lung damage.
4. Document the Impact on Your Daily Life and Employment
The VA assigns disability ratings based on how much your condition impairs your ability to function in daily life. If your condition affects your ability to work or engage in regular activities, providing evidence of these limitations can help increase your rating.
- Keep a Symptom Journal: Track how your symptoms affect your daily life, such as difficulty breathing, chronic fatigue, or the need for frequent medical treatments. Document how these symptoms limit your ability to perform household tasks or engage in physical activity.
- Submit Employment Records: If your condition has affected your ability to maintain employment, provide employment records that document missed workdays, medical leave, or job loss. This can demonstrate how your condition impacts your ability to work.
Example:
A veteran with chronic bronchitis who struggles to perform physical tasks at work may submit records from their employer showing missed days and accommodations, such as reduced hours or modified duties.
VA Statistics on Burn Pit Claims
- Increasing Claims for Burn Pit Exposure: As of 2022, the VA has expanded its list of presumptive conditions for burn pit exposure, resulting in a significant increase in the number of approved claims for veterans exposed to toxic fumes. Thousands of veterans have already received compensation for conditions related to burn pits.
- Common Conditions Among Claimants: Respiratory conditions like asthma, bronchitis, and COPD are among the most commonly claimed conditions by veterans exposed to burn pits.
Common Mistakes to Avoid
- Failing to Submit Proof of Deployment: One of the most common reasons for claim denials is the lack of proof that a veteran served in a qualifying location. Make sure to provide all relevant service records, including your DD-214, deployment records, and MOS records.
- Not Submitting Updated Medical Evidence: Veterans often submit outdated medical records that don’t reflect the current severity of their condition. Make sure to provide the VA with recent medical evaluations and test results to support your claim.
- Overlooking Nexus Letters: Although many conditions are presumptively linked to burn pits, not providing a nexus letter in more complex cases can weaken your claim. Consider obtaining a specialist’s opinion if you’re facing a denial.
Let Disability Law Group Help You Secure Burn Pit-Related Benefits
Filing a VA disability claim for burn pit exposure can be a complex process, but with the right strategy and evidence, you can secure the compensation you deserve. At Disability Law Group, we specialize in helping veterans navigate the VA claims process and gather the necessary documentation to build a strong case.
Whether you’re filing an initial claim or appealing a denial, our experienced attorneys can guide you through every step of the process. Contact us today for a free consultation, and let us help you receive the benefits you’ve earned through your service.
