Can I Get VA Disability for Exposure to Burn Pits?

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Exposure to burn pits and other airborne hazards during military service has left countless veterans with serious health conditions.

From Iraq and Afghanistan to other areas of the Southwest Asia theater of operations, burn pits were a common practice used to dispose of waste.

However, the toxic fumes and smoke from these burn pits have caused long-term health effects for many who served.

The good news is that the VA now recognizes numerous presumptive conditions related to burn pit exposure under the PACT Act, which has significantly expanded benefits for Gulf War-era and post-9/11 veterans.

If you’ve been diagnosed with a condition linked to burn pit exposure, you may qualify for VA disability compensation.

In this article from VA disability expert Brian Reese, we’ll explain everything you need to know, including the current list of burn pit presumptive conditions, basic eligibility requirements, and how to file a VA claim under the PACT Act.

Summary of Key Points

• Burn Pit Exposure and Health Conditions: Exposure to burn pits and airborne hazards during military service has caused serious long-term health effects for many veterans. The PACT Act recognizes numerous presumptive conditions related to this exposure, making it easier for affected veterans to secure benefits. Since its implementation in 2022, over 1 million PACT Act disability claims have been approved with a 74.9% approval rate.

• Presumptive Conditions for Burn Pit Exposure: The PACT Act added 23 conditions to the presumptive list, including cancers (e.g., brain, kidney, respiratory) and respiratory diseases (e.g., asthma, COPD, pulmonary fibrosis), eliminating the need to prove a direct service connection.

• Qualifying Locations and Timeframes: Veterans who served in eligible locations like Iraq, Afghanistan, and other parts of the Southwest Asia theater of operations during specified timeframes are presumed to have been exposed to toxic hazards, simplifying the claims process.

• How to File a PACT Act Claim: Veterans must gather their medical records, proof of qualifying service, and other supporting documentation to file their claim. Veterans need only provide military service records, like their DD 214, to demonstrate service in eligible locations during the qualifying period. This streamlines the process of obtaining the benefits they are entitled to, and Nexus Letters are not required for presumptive claims under the PACT Act.

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What Are Burn Pits and How Were Veterans Exposed?

Burn pits were large, open-air areas where military bases disposed of waste by burning it.

Common materials burned included plastics, chemicals, medical waste, human waste, and electronics, creating toxic fumes that service members often inhaled.

Other airborne hazards like sand, dust, and fuel exhaust also contributed to harmful environmental exposures in many deployment areas.

Exposure risks were influenced by factors such as:

• Types of waste burned

• Proximity to the burn pits

• Duration and frequency of exposure

• Weather factors like wind direction

While the Department of Defense has since phased out most burn pits, their lasting effects on veterans’ health are undeniable.

Am I Eligible for VA Disability Compensation for Burn Pit Exposure?

You may be eligible for VA disability compensation if:

• You have a diagnosed health condition caused by toxic exposure (such as a condition on the VA’s presumptive list).

• You served on active duty in a qualifying location that exposed you to burn pits or other toxic hazards.

• You received an honorable or other qualifying discharge.

What Are Presumptive Conditions for Burn Pit Exposure?

The PACT Act added 23 conditions to the VA’s list of presumptive conditions for burn pit and toxic exposure.

A presumptive condition under the PACT Act means the VA assumes your illness is service-connected if you meet the eligibility criteria, even if there’s no specific “nexus.”

This eliminates the need to prove a direct link between your condition and your service, making it easier to receive VA disability benefits.

VA Presumptive Cancers to Burn Pit Exposure

• Brain cancer
• Gastrointestinal cancer (any type)
• Glioblastoma
• Head cancer (any type)
• Kidney cancer
• Lymphatic cancer (any type)
• Lymphoma (any type)
• Melanoma
• Neck cancer (any type)
• Pancreatic cancer
• Reproductive cancer (any type)
• Respiratory cancer (any type)

VA Presumptive Respiratory and Lung Conditions to Burn Pit Exposure

• Asthma (diagnosed after service)
• Chronic bronchitis
• Chronic obstructive pulmonary disease (COPD)
• Chronic rhinitis
• Chronic sinusitis
• Constrictive bronchiolitis or obliterative bronchiolitis
• Emphysema
• Granulomatous disease
• Interstitial lung disease (ILD)
• Pleuritis
• Pulmonary fibrosis
• Sarcoidosis

What Are the Qualifying Locations for Burn Pit Exposure?

You qualify for presumptive burn pit exposure if you served in these locations during the following timeframes:

On or After September 11, 2001

• Afghanistan
• Djibouti
• Egypt
• Jordan
• Lebanon
• Syria
• Uzbekistan
• Yemen
• The airspace above these locations

On or After August 2, 1990

• Bahrain
• Iraq
• Kuwait
• Oman
• Qatar
• Saudi Arabia
• Somalia
• United Arab Emirates (UAE)
• The airspace above these locations

Additional Qualifying Locations:

• Persian Gulf
• Gulf of Oman
• Gulf of Aden
• Red Sea

If your service location isn’t listed, you can still file a claim, but you’ll need additional evidence to prove how your condition is connected to your service.

VA Disability Rating for Burn Pits

There is no specific VA rating for burn pits.

Rather, the VA assigns disability ratings based on the medical condition caused by exposure to burn pits.

The VA rates burn pit presumptive conditions under CFR Title 38, Part 4, the Schedule for Rating Disabilities using numerous Diagnostic Codes (DCs) with ratings from 0% to 100%, depending on the condition name and its severity of symptoms.

How to File a VA Disability Claim for Burn Pit Exposure

To file a successful VA claim under the PACT Act, follow these steps:

Gather Evidence:

• Medical records showing a diagnosis of a presumptive condition or other health issues linked to burn pit exposure.

• Military records showing service in qualifying locations during the eligible timeframe (e.g., your DD-214).

Submit Your VA Claim:

• File your claim online through the VA’s website, by mail, or with the help of a VA-accredited representative.

Provide Supporting Documentation:

• Include all relevant evidence to strengthen your claim, such as your military medical records, VA medical records, private medical records, and lay evidence.

Follow Up:

• Track your claim status on the VA’s website and respond promptly to any requests for additional information.

• You can always call 1-800-827-1000 to check the current status of your VA claim.

What If I Need Help Filing My PACT Act Claim?

Navigating the VA claims process can be frustrating and overwhelming, especially for complex cases like burn pit exposure.

If you need assistance:

• Contact a VA-accredited representative for help with filing your claim.

• Use resources like the VA Airborne Hazards and Open Burn Pit Registry to document your exposure.

Pro Tip: Take Full Advantage of Your PACT Act Benefits!

The PACT Act has significantly expanded eligibility and benefits for veterans exposed to burn pits and other airborne hazards.

Since its implementation in 2022, over 1 million claims have been approved, with a 74.9% success rate. 

This law also provides free VA healthcare for eligible veterans up to 10 years after separation from service.

Conclusion & Wrap-Up

If you’ve been diagnosed with a condition linked to burn pit exposure, the expanded benefits under the PACT Act offer an unprecedented opportunity to get the compensation and care you deserve. 

Fellow veterans don’t ever forget: YOU SERVED. YOU DESERVE.

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