To get VA Disability benefits for burn pit injuries, you must file a disability claim. Service members who developed burn pit injury symptoms while serving in Afghanistan, Iraq, or certain other countries may be entitled to disability benefits.
Applying for VA Disability benefits is complicated, but recent changes have streamlined the process for eligible veterans. If you have any questions about applying for benefits, you can talk to a burn pit exposure Veterans Disability lawyer.
Burn Pit Injuries in Afghanistan and Iraq
Burn pits are areas devoted to the open-air burning of trash. During operations in the Middle East, the US military frequently used burn pits to dispose of waste near its bases.
Thousands of military service members were exposed to these pits and developed severe medical conditions, resulting in disabilities.
The largest burn pits were several acres long and disposed of several types of hazardous materials, such as human waste, body parts, plastics, chemicals, and unexploded ordnance. Exposure to the smoke from these pits affected not just soldiers directly managing the pit but anyone on nearby bases.
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Common Injuries From Burn Pits
Below are some common types of injuries and medical conditions that burn pit exposure can cause
- Respiratory conditions. Burn pit exposure can cause asthma, bronchitis, emphysema, and a whole range of chronic and acute respiratory conditions.
- Cancers. Carcinogens from burn pit materials can cause cancers in the head, neck, organs, and lymph nodes.
- Neurological problems. Toxic chemicals from burn pits can cause issues with the brain and nervous system, such as migraines, depression, and anxiety.
- Skin issues. Irritants in burn pit smoke can cause skin issues, like rashes, dermatitis, and eye problems.
- Cardiovascular disease. Particulate matter in burn pit smoke can greatly increase the risk of heart disease, stroke, atherosclerosis, and more.
Am I Eligible for VA Disability Benefits Due to Burn Pits?
There are three basic eligibility criteria to make a VA Disability claim
- You sustained an injury while serving
- You have a diagnosed disability
- There is an established medical nexus between the first two elements
In other words, you need to show that you were injured while serving, you are currently disabled, and the reason you are disabled is your service-related injury. The medical nexus component usually takes the form of a letter from your physician attesting to your condition and its link to your service injury.
Presumptive Conditions
Normally, you must prove a medical nexus between your service injury and current disability. However, recent changes have made it easier for certain veterans to prove their claim.
Under the new PACT Act, the VA has removed the medical nexus requirement for certain veterans with specific conditions. This means that if you served at a specific time and place and now have a disability, you can automatically qualify for disability benefits.
The new changes add several conditions that could result from burn pit exposure, such as:
- Respiratory cancer
- Chronic bronchitis
- Emphysema
- Pulmonary fibrosis
- Sarcoidosis
- Chronic sinusitis
- Chronic rhinitis
- Glioblastoma
- Reproductive cancer
- Lymphoma
- Breast cancer
Time Periods for Covered Veterans
Under the PACT Act, veterans are considered covered if they served in the armed forces during a specific period of time and were likely exposed to burn pits.
If you served on or after August 2, 1990, and you served in these locations, you are covered:
- Bahrain
- Iraq
- Kuwait
- Oman
- Qatar
- Saudi Arabia
- Somalia
- UAE
You are also covered if you served after September 11, 2001, in any of the following locations:
- Afghanistan
- Djibouti
- Egypt
- Jordan
- Lebanon
- Syria
- Uzbekistan
- Yemen
So, for example, if you served in Iraq in the year 2004 and later developed respiratory cancer, you would be covered under the presumptions of the PACT Act and would not have to prove a medical nexus to receive VA Disability benefits.
Applying for VA Disability Benefits
You need to file an application with the VA to receive disability benefits. You can do this online at the VA website, by phone, or in person at a local VA office. When you apply, you will have to fill out the main application and provide a record of your service and medical evidence of your disability.
Once you submit an application, you will have to take a medical exam to determine the degree of your impairment and the amount of benefits payments you’re entitled to. Once you complete the screening, you will receive a decision notification.
According to the VA, it takes an average of 75 days to make a decision on an application. However, it can take longer if you have several disabilities or complex injuries. You can also shorten timelines if you file a fully developed claim instead of a standard one.
What if My Claim Is Denied?
If your claim is denied, you can appeal the decision and request a review.
There are three tracks for appealing a denied claim:
- A supplemental claim involves you providing new evidence to consider with your claim.
- A higher-level review has a senior reviewer look over your existing case for errors.
- A board appeal involves a review from a Veterans Law Judge and can involve submitting new evidence.
Contact a VA Disability Lawyer Today
Do you have any more questions about VA Disability benefits from exposure to burn pits? If so, contact Marc Whitehead & Associates online or call today to schedule a free consultation with a Veterans Disability claims lawyer.
Call or text (800) 562-9830 or complete a Free Case Evaluation form