Military service can expose servicemembers to various toxic materials, chemicals, or gases. Veterans of the Gulf War and post-9/11 conflicts have developed various medical conditions that the VA has linked to toxic exposures suffered by servicemembers deployed to Iraq, Afghanistan, and other theaters. Recent legislation has sought to make it easier for veterans who have developed these illnesses to get VA disability benefits. As a result, veterans who served in the Gulf War or the Global War on Terror may qualify for disability benefits if they develop a presumptive condition.
Understanding Toxic Exposure and Burn Pits
Over the past few decades, the U.S. military disposed of various materials or waste, including fuels, plastics, medical waste, and chemicals, generated in forward operating areas or overseas bases by destroying those materials in burn pits. However, the smoke generated by burn pits contained various toxic substances that landed on servicemembers’ skin or that ended up inhaled or ingested by servicemembers serving in these forward bases. Unfortunately, these toxic substances can cause a wide variety of medical issues, including chronic respiratory diseases, autoimmune disorders, and certain types of cancer.
VA’s Presumptive Conditions for Burn Pit Exposure
The VA has a list of conditions for which the department presumes a connection between the condition and a veteran’s exposure to burn pits in the military, eliminating the need to prove a service connection. These conditions include:
- Post-service asthma
- Chronic bronchitis
- COPD
- Chronic rhinitis
- Chronic sinusitis
- Constrictive or obliterative bronchiolitis
- Emphysema
- Granulomatous disease
- Interstitial lung disease
- Pleuritis
- Pulmonary fibrosis
- Sarcoidosis
- Certain cancers, including brain cancer, gastrointestinal cancer, glioblastoma, genitourinary cancer, head cancer, hematologic or lymphatic cancers, lymphoma, melanoma, neck cancer, pancreatic cancer, cancers in reproductive organs, and cancers of the respiratory system
A veteran can obtain a presumption of service-connection by having qualifying military service. Veterans who served in the following countries (or the airspace above) on or after September 11, 2001, can obtain a presumption:
- Afghanistan
- Djibouti
- Egypt
- Jordan
- Lebanon
- Syria
- Uzbekistan
- Yemen
Veterans who served in the following countries (or the airspace above) or geographic locations on or after August 2, 1990, can also obtain a presumption:
- Bahrain
- Iraq
- Kuwait
- Oman
- Qatar
- Saudi Arabia
- Somalia
- United Arab Emirates
- Arabian Sea
- Gulf of Aden
- Gulf of Oman
- Neutral zone between Iraq and Saudi Arabia
- Persian Gulf
- Red Sea
Federal legislation, such as the PACT Act, has recognized various conditions as presumptively linked to Gulf War or post-9/11 military service and authorized the VA to continue studies to identify scientific links between burn pit exposure and other medical conditions.
Common Challenges and How to Overcome Them
Some of the challenges that veterans can face when pursuing disability benefits for a medical condition allegedly caused by exposure to burn pits include:
- Not having service in a qualifying area/time, which may require a veteran to prove that the location(s) where they served used burn pits
- Claiming a condition not currently recognized as a presumptive condition, which will require a veteran to present medical evidence to prove a service connection
- Establishing the severity of the condition and the limitations it causes for social or professional functioning
A veteran who has their disability claim denied on initial review may pursue the VA’s administrative appeals process to challenge the denial and present additional evidence or arguments to prove the existence of their condition, a service connection, or the degree of severity of their symptoms.
Contact a VA Disability Attorney Today
Veterans who have served in combat over the past few decades may become eligible for VA disability benefits when they develop illnesses presumptively caused by common toxic exposures suffered by servicemembers in recent conflicts. Contact Veterans Law Attorneys today for a free, no-obligation consultation with a VA disability benefits lawyer to learn more about your eligibility for benefits if you experienced specific types of toxic exposure in the military or have developed illnesses linked to exposure to burn pits used by the military in forward-deployed areas.
