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PRESUMPTIVE CONDITIONS – BURN PIT EXPOSURE

The Department of Defense estimates that 3.5 million U.S. service members and veterans have been exposed to burn pits. In 2014, The Veterans Administration (VA) established the Airborne Hazards and Open Burn Pit registry to collect information about how these exposures had impacted our veterans. But, recognition of the conditions caused by toxic burn pit exposure has been slow. 

In late 2022, the passage of the Honoring our Promise to Address Comprehensive Toxins Act (PACT Act) opened the door to a dramatic increase in the list of presumptive conditions associated with burn pit exposure. 

Here’s everything you need to know about burn pits, the impact of their exposure, who is presumed to have been exposed, and which conditions are presumptively connected with that exposure. 

Background on Burn Pits

A burn pit is simply an area where waste material is burned in the open air. Burn pits have been widely used in certain areas since the Gulf War era, and may have been used in a variety of locations around the world dating back decades. The military started phasing out burn pits more than a decade ago in response to the growing awareness of the medical risks. In 2019, five years after the registry was established to track the toxic impact of burn pits, there were still nine in operation. In January of 2023, the VA’s website says “most” burn pits have been closed out, and the Department of Defense “is planning to close the remainder.”

Some of the materials commonly incinerated in military burn pits include: 

• Chemicals
• Human waste
• Medical waste
• Discarded food
• Unexploded ordnance
• Petroleum 
• Lubricant products
• Rubber
• Plastic
• Styrofoam
• Wood
• Metal/aluminum cans

Service members in the vicinity of these burn pits may have been exposed to a variety of toxins, with impacts ranging from skin irritation to damage to long-term respiratory conditions to certain cancers. The likelihood of developing disease or other medical conditions from burn pit exposure depends on a variety of factors, including: 

• How close to the burn pit the service member was
• How frequent the exposure was, or how long it continued
• The materials being burned 
• The use or absence of any protective gear 

However, the presumption of exposure in particular areas and the presumed service connection for many conditions relieves the veteran of the burden of establishing details such as the extent of exposure and the specific toxins that may have been present.

Who Has Been Presumptively Exposed to Burn Pits? 

Those who served in the military in certain areas during certain time periods are presumed to have been exposed to burn pits. These times and places include: 

On or after August 2, 1990: 

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

On or after September 11, 2001: 

• Afghanistan
• Djibouti
• Egypt
• Jordan
• Lebanon
• Syria
• Uzbekistan
• Yemen
• The airspace over these areas

Note that this is not necessarily an exhaustive list of locations where you may have been exposed to airborne toxins. If you believe your disability was caused by burn pit exposure in another location or at a different time, you may still be eligible for benefits. The difference is that you will be required to provide evidence to establish the exposure. 

What Conditions are Presumed Connected to Burn Pit Exposure? 

Before the PACT Act took effect, the VA recognized only three presumptive conditions for burn pit exposure: asthma, sinusitis, and rhinitis. The PACT Act included a specific list of new conditions that would be considered presumptively connected to exposure to burn pits and other airborne toxins. These include: 

• Asthma diagnosed after service
• Head cancer of any type
• Neck cancer of any type
• Respiratory cancer of any type
• Gastrointestinal cancer of any type 
• Reproductive cancer of any type
• Lymphoma cancer of any type
• Lymphatic cancer of any type
• Kidney cancer
• Brain cancer
• Melanoma
• Pancreatic cancer
• Chronic bronchitis
• Chronic obstructive pulmonary disease (COPD)
• Constrictive bronchiolitis or obliterative bronchiolitis
• Emphysema
• Granulomatous disease
• Interstitial lung disease
• Pleuritis
• Pulmonary fibrosis
• Sarcoidosis
• Chronic sinusitis
• Chronic rhinitis
• Glioblastoma

The statute also provided for the addition of any other condition the Secretary of Veterans Affairs determines is warranted based on “a positive association with a substance, chemical,or airborne hazard identified” in the list of locations where exposure is presumed. This provision means it is possible that the list of conditions that are presumed connected to burn pit exposure may continue to expand as more information is available.

Establishing a Claim with a Presumptive Connection

Presumed exposure and a presumptive service connection go a long way to smoothing out the process of qualifying for VA disability benefits. But, securing veterans benefits for your disability isn’t quite that simple. You’ll still have to establish that you do, in fact, suffer from the presumed condition and that it is disabling. And, you’ll have to provide sufficient medical information to support an appropriate disability rating. 

What if My Condition Isn’t Listed? 

Presumed exposure and presumed service connection both make it simpler to establish a VA disability claim. For example, the veteran will only have to show that they served in a particular area during a particular time to establish exposure, rather than having to document the actual event or events leading to the exposure and the nature of the exposure. And, the veteran will not have to submit extensive medical research and professional opinions to establish that the toxic exposure is likely to have caused the disease or condition. 

However, it’s important to remember that presumptions are just one way to establish a claim for veterans benefits. If you didn’t serve in a listed location during the specified time, you won’t have the benefit of a presumption of exposure. If your condition is not on the list, you won’t have the benefit of a presumed connection. But, you may still be able to establish a service connection and qualify for benefits. 

A VA Disability Advocate Can Help

The VA disability application and appeals process can be daunting, even when you have presumptions on your side. When you get help early in the process, you can skip unnecessary stress and avoid common missteps that can delay your claim, result in a lower disability rating, or even end in denial. To learn more about what Veterans Help Group can do for you, contact us call (855) 855-8992 right now.