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Everything You Need to Know about Burn Pit Compensation

The Department of Defense (DOD) has estimated that about 3.5 million U.S. servicemembers and veterans have been exposed to burn pits. Still, it was reported in 2021 that the VA had denied about 75% of burn pit related disability claims. In 2022, the passage of the PACT Act opened up new opportunities for veterans who suffer disabling conditions connected to toxic burn pit exposures. 

Here’s what you need to know about pursuing compensation for conditions caused by military burn pit exposure.

About Burn Pits

A burn pit is exactly what it sounds like a pit in the ground used for burning. What’s significant about military burn pits is that they were used across long periods of time to burn a wide variety of waste. Some common examples include: 

• Chemicals
• Ordnance
• Petroleum
• Rubber
• Plastic
• Styrofoam
• Metals
• Wood
• Human waste
• Medical waste
• Food

Many of these substances, alone or in combination, create toxic smoke when burned. When these materials are burned at high temperatures in an incinerator, the impact of those fumes is controlled or mitigated by the enclosure and quick incineration. In burn pits, these materials were burned more slowly, at lower temperatures, and in the open air. Service members serving in areas around burn pits may have suffered skin exposure and/or inhaled toxins–even those who weren’t working directly with the pits.

Because of the range of materials burned and the difference in both proximity and duration of exposure, veterans who were exposed to burn pits have suffered a wide range of medical effects. These include certain cancers, chronic respiratory conditions, neurological disorders, cardiovascular problems, and autoimmune diseases. 

Fortunately, the PACT Act made it easier for many of these veterans to receive VA disability benefits and left a door open for that list to continue to expand. Survivors of veterans who died as a result of burn pit exposure may also be entitled to benefits. 

Presumptive Burn Pit Exposure

U.S. service members and veterans are now presumed to have been exposed to burn pits if they served in certain areas during certain time periods. Specifically, certain conditions will be presumed service-connected for those who served in: 

• Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, the UAE, or the airspace over any of these areas on or after August 2, 1990, and
• Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, Yemen, or the airspace over any of these areas on or after September 11, 2001

The conditions presumed connected for those who served in burn pit areas include: 

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

The PACT Act also provides for the VA to expand this list as additional information becomes available.

Pursuing Veterans Disability Benefits after Burn Pit Exposure

If you were exposed to burn pits during your military service and suffer from one or more of the presumptively-connected conditions listed above, you should consider filing a claim for benefits as soon as possible. If you’re like many veterans who suffered burn pit exposure, you have been denied benefits for far too long. 

You can file a claim online. And, if you served in one of the specified areas and your condition is presumptive you may be able to speed up the claim process by submitting a fully developed claim. The best approach for you will depend on your case and your condition, so it’s best to speak to an experienced veterans benefits advocate before you take the next step. 

You’ll also want to make sure that you’ve thoroughly assessed additional or secondary conditions you should include in your claim. For example, if you were diagnosed with a service-connected cancer due to burn pit exposure and the chemotherapy or radiation treatments caused another disabling condition, you may be entitled to an increased disability rating based on that secondary condition. A higher disability rating can mean larger monthly benefits and more access to other veterans benefits, so you don’t want to leave anything out.

What’s Next for Veterans Who Were Already Denied Burn Pit Compensation? 

Shortly after the passage of the PACT Act, the VA started reaching out to veterans whose claims were previously denied but who might be eligible due to the expanded list of presumptive connections. If that hasn’t happened, you don’t have to wait. You can file a supplemental claim and get the process moving forward at any time. And, you shouldn’t assume that you aren’t qualified if the VA hasn’t contacted you. You may simply need to provide additional information to make your eligibility clear. 

What if I Believe My Non-Presumptive Disability Was Caused by Burn Pit Exposure? 

If you were exposed to burn pits during your military service and believe that your disabling condition resulted from that exposure, you may still be able to pursue a VA disability claim. However, without the presumptive connection, it will be your responsibility to prove not only that you were exposed to burn pits and suffer from the disabling condition, but that there is a likelihood that the condition is connected to your exposure. 

This is a tougher process with a lower likelihood of success, but that doesn’t necessarily mean it’s not worth pursuing. New information about the impact of burn pit exposure is still emerging, and the VA may look more favorably on burn pit exposure claims now that the widespread negative effects are becoming clearer.

Get Help With Your Burn Pit Claim

Whether you are considering filing a burn pit related VA disability claim for the first time, have been previously denied, or have realized after filing or approval that you may have secondary conditions, our experienced veterans disability advocates can help. 

To learn more about our services and how we can help move your claim forward as smoothly and effectively as possible, call us now at (855) 855-8992 o(855) 855-8992. Or, if you prefer, fill out our contact form and we’ll get in touch with you.