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BURN PITS: Receiving VA Disability After You’ve Been Exposed

For decades, veterans who suffered from a wide range of medical conditions due to burn pit exposure struggled to get the VA disability benefits they needed and deserved. For many veterans, proving that their disability is service-connected got easier with the passage of the PACT Act–now, many conditions are presumptively connected to burn pit exposure. And, veterans who served in certain areas are presumed to have been exposed to burn pits.  

Still, not every veteran who was disabled by burn pit exposure will have a presumptive service connection. What’s required to receive benefits for disabilities caused by burn pit exposure depends on 

What are Burn Pits?

A burn pit is an open area used for burning materials. The military used these pits to burn a wide variety of materials, some of which release toxins into the air when burned. These include medical and human waste, chemicals, petroleum, rubber, plastic, styrofoam, wood, metal, food waste, lubricants, and unexploded ordnance. 

How Widespread Were Military Burn Pits?

The military used burn pits in a number of locations, across decades. In 2023, the VA estimated that about 4 million service members had been exposed to burn pits over a 30-year period.  Veterans who served in some locations during certain time periods are presumed to have been exposed to burn pits. 

How Were Service Members Harmed by Burn Pits?

Because waste disposed of in burn pits burned at a lower temperature than it would in an incinerator and was burned in the open air, those in the area were exposed directly to the smoke and fumes and were exposed over a longer period of time. Burn pit exposure caused harm to those nearby in many ways. The most common known causes are inhalation of toxic fumes or contaminated particles and skin exposure. 

Presumptive Service Connection for Burn Pit Exposure

Some veterans pursuing veterans disability benefits for conditions developed as a result of burn pit exposure have a presumptive service connection. There are two separate presumptions. One is that a veteran who served in a certain location during a certain time was exposed to burn pits. The other is that certain conditions are presumed service-connected in a veteran who was exposed to burn pits. 

Presumptive Exposure: Times and Places

A veteran is presumed to have been exposed to burn pits if they served in Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, or the UAE on or after August 2, 1990. The presumption also applies to those who served in Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, or Yemen on or after September 11, 2001. The presumption extends to those who served in the airspace over these locations during the same time periods. 

Conditions Presumptively Connected to Burn Pit Exposure

Since the PACT Act took effect, the following conditions are presumed connected to burn pit exposure  for those veterans who were exposed and suffer from the condition:

• Cancers of the :
• Head
• Neck
• Respiratory system
• Gastrointestinal system
• Reproductive organs
• Kidney
• Brain
• Pancreas
• Lymphatic cancer/Lymphoma
• Melanoma
• Glioblastoma
• Respiratory conditions including:
• Asthma diagnosed after service
• Chronic bronchitis
• Chronic obstructive pulmonary disease (COPD)
• Constrictive bronchiolitis
• Obliterative bronchiolitis
• Interstitial lung disease
• Emphysema
• Pulmonary fibrosis
• Pleuritis
• Granulomatous disease
• Sarcoidosis
• Chronic sinusitis
• Chronic rhinitis

Pursuing Veterans Disability Benefits after Burn Pit Exposure

Pursuing Benefits with a Presumptive Service Connection

If you are both presumed to have been exposed to a burn pit and are applying for VA disability benefits due to a condition that is presumptively connected to that exposure, your task is somewhat simplified. But, you can’t afford to assume that means you’ll be approved and assigned an appropriate disability rating. You’ll need to supply the right medical documentation to prove that you suffer from the condition you’re claiming benefits for. You’ll also need to ensure that you have sufficient medical and other information to support the maximum disability rating you’re qualified for. In addition, you’ll need to make sure you are pursuing benefits for any other eligible condition you have, such as a condition that is secondary to the presumptively-connected condition.

What if My Condition Isn’t Presumed Service-Connected? 

If your condition isn’t on the presumptive list, you may still be able to pursue VA disability benefits. But, it will take a bit more work. You will be required to provide evidence that your condition was service-connected, which typically includes obtaining a nexus letter from a qualified expert. That’s in addition to the medical documentation and evidence in support of the degree of disability mentioned above. 

Additional Presumptive Connections May Be Coming

The PACT Act explicitly added several presumptive conditions for veterans exposed to burn pits. But, they didn’t close the door on additional conditions. Recognizing that information about the effects of burn pit exposure is still emerging, Congress granted the Secretary of Veterans Affairs the authority to add any condition that is found to be appropriate based on “a positive association with a substance, chemical, or airborne hazard that has been identified in one of the listed locations.

An Experienced Veterans Disability Benefits Advocate Can Help

Whether your condition is presumed service-connected or not, receiving VA disability benefits as quickly as possible and at the appropriate level depends on the quality and comprehensiveness of your application. At Veterans Help Group, we have represented thousands of veterans fighting for the disability benefits they deserve. We know what type of information the VA is looking for, and what type of evidence is required to support your claims. We can also help you determine whether there are additional conditions that should be included in your claim for VA disability benefits. 

We represent veterans applying for benefits and those who are appealing a negative determination. However, the best time to contact us is before you submit your original claim. Getting the forms right and the necessary evidence attached from the beginning can significantly reduce the time between your application and approval. To learn more about how we can help, call us now at (855) 855-8992 or click here to contact us now.