Burn pits have been used extensively by the U.S. navy in Iraq, Afghanistan, and different places to eliminate waste, from chemical compounds to human waste and navy tools. Veterans uncovered to those poisonous burn pits have skilled a spread of great well being circumstances, a lot of which at the moment are acknowledged by the VA as presumptive circumstances for incapacity advantages. When you have been uncovered to burn pits throughout your service, you could qualify for VA compensation for these well being circumstances.
On this weblog, we’ll discover the VA’s presumptive circumstances for burn pit publicity, how you can file a profitable declare, and ideas for strengthening your case to safe the advantages you deserve.
What Are Burn Pits?
Burn pits have been massive, open-air areas used to burn waste at navy bases. The supplies burned usually included plastics, medical waste, chemical compounds, and different poisonous substances that produced dangerous fumes. Veterans who lived or labored close to these burn pits have been uncovered to a variety of poisonous chemical compounds, together with dioxins, particulate matter, and different dangerous pollution.
These exposures have been linked to a number of respiratory, cardiovascular, and different critical well being circumstances that will not current signs till years after the veteran’s service.
Presumptive Circumstances for Burn Pit Publicity
In response to rising proof of the well being dangers related to burn pit publicity, the VA has created an inventory of presumptive circumstances linked to this publicity. Veterans with these circumstances who served in qualifying places through the specified timeframes can obtain incapacity advantages with out having to show a direct hyperlink between their situation and their navy service.
Frequent Presumptive Circumstances for Burn Pit Publicity:
- Bronchial asthma (identified after service)
- Persistent Bronchitis
- Persistent Obstructive Pulmonary Illness (COPD)
- Persistent Rhinitis
- Persistent Sinusitis
- Constrictive Bronchiolitis
- Emphysema
- Interstitial Lung Illness
- Lung Cancers
- Sarcoidosis
Instance:
A veteran who was stationed in Iraq and developed power bronchitis years after leaving the service can qualify for VA incapacity advantages below the presumptive service connection for burn pit publicity, as bronchitis is a acknowledged situation.
Qualifying for Burn Pit Advantages: Eligibility Standards
To qualify for VA incapacity advantages associated to burn pit publicity, you should meet the next eligibility standards:
- Service Location and Timeframe: You will need to have served in a qualifying location, resembling Iraq, Afghanistan, or different elements of Southwest Asia, throughout a particular timeframe (sometimes August 2, 1990, to current for Southwest Asia and September 19, 2001, to current for Afghanistan).
- Recognized Situation: You will need to have one of many VA’s acknowledged presumptive circumstances, resembling bronchial asthma, COPD, or lung most cancers, identified after your publicity to burn pits.
Instance:
A veteran who served in Afghanistan between 2002 and 2005 and was identified with bronchial asthma in 2018 would qualify for burn pit-related advantages, as bronchial asthma is on the VA’s presumptive record and the veteran’s service falls throughout the eligible timeframe.
Strengthening Your VA Declare for Burn Pit Publicity
To efficiently safe incapacity advantages for burn pit publicity, it’s essential to assemble the fitting proof and current a robust case. Listed below are a number of methods for constructing a strong declare:
1. Present Detailed Medical Proof
The important thing to a profitable burn pit declare is robust medical proof that paperwork your analysis and hyperlinks it to burn pit publicity. Because the VA now presumes that sure circumstances are associated to burn pit publicity, it’s essential to point out the severity and development of your situation.
- Submit Analysis Affirmation: Present medical data that verify your analysis of a presumptive situation, resembling bronchial asthma, bronchitis, or lung most cancers. Embody check outcomes, remedy plans, and any related imaging or lab stories.
- Observe the Development of Your Situation: In case your situation has worsened over time, submit up to date medical data that mirror the present severity of your signs. This may also help assist a better incapacity score.
Instance:
A veteran with COPD ought to submit data from their pulmonologist documenting respiration difficulties, lung perform assessments, and using medicines or oxygen remedy to handle their signs.
2. Present Proof of Service in Qualifying Places
To qualify for burn pit-related incapacity advantages, you should display that you just served in a location the place burn pits have been used. This may be performed by your service data, deployment data, or MOS data.
- Submit Type DD-214: This doc reveals your service historical past, together with the places and dates of your deployment. Be certain your DD-214 clearly lists your service in a qualifying area, resembling Iraq or Afghanistan.
- Submit Unit or Deployment Data: In case your DD-214 doesn’t present sufficient element, submit extra service data that present your location and duties throughout your deployment.
- Buddy Statements: In case your data are incomplete or lacking, think about submitting buddy statements from fellow service members who can verify your presence close to burn pits.
Instance:
A veteran who was stationed in Iraq as a logistics specialist can submit their DD-214 and unit data displaying that they have been deployed to a base with burn pits through the Gulf Battle.
3. Search a Nexus Letter from a Specialist
Though burn pit circumstances are presumptively service-connected, acquiring a nexus letter from a medical specialist can additional strengthen your declare, significantly in case your situation isn’t on the VA’s presumptive record otherwise you’re interesting a denial.
- What Makes a Sturdy Nexus Letter: The letter ought to state that it’s “at the very least as possible as not” that your situation was attributable to publicity to burn pits throughout your navy service. The physician ought to reference your service historical past, your publicity to poisonous chemical compounds, and the way these exposures could have contributed to your situation.
- Specialist Opinions Maintain Extra Weight: A nexus letter from a pulmonologist or oncologist who makes a speciality of respiratory or lung circumstances can carry extra weight than a common practitioner’s opinion.
Instance:
A veteran with interstitial lung illness can strengthen their declare by acquiring a nexus letter from a pulmonologist who explains how poisonous fumes from burn pits possible precipitated or contributed to their lung harm.
4. Doc the Influence on Your Day by day Life and Employment
The VA assigns incapacity scores primarily based on how a lot your situation impairs your capacity to perform in every day life. In case your situation impacts your capacity to work or interact in common actions, offering proof of those limitations may also help improve your score.
- Maintain a Symptom Journal: Observe how your signs have an effect on your every day life, resembling issue respiration, power fatigue, or the necessity for frequent medical therapies. Doc how these signs restrict your capacity to carry out family duties or interact in bodily exercise.
- Submit Employment Data: In case your situation has affected your capacity to take care of employment, present employment data that doc missed workdays, medical go away, or job loss. This may display how your situation impacts your capacity to work.
Instance:
A veteran with power bronchitis who struggles to carry out bodily duties at work could submit data from their employer displaying missed days and lodging, resembling lowered hours or modified duties.
VA Statistics on Burn Pit Claims
- Rising Claims for Burn Pit Publicity: As of 2022, the VA has expanded its record of presumptive circumstances for burn pit publicity, leading to a big improve within the variety of accepted claims for veterans uncovered to poisonous fumes. 1000’s of veterans have already obtained compensation for circumstances associated to burn pits.
- Frequent Circumstances Amongst Claimants: Respiratory circumstances like bronchial asthma, bronchitis, and COPD are among the many mostly claimed circumstances by veterans uncovered to burn pits.
Frequent Errors to Keep away from
- Failing to Submit Proof of Deployment: One of the crucial widespread causes for declare denials is the dearth of proof {that a} veteran served in a qualifying location. Be certain to supply all related service data, together with your DD-214, deployment data, and MOS data.
- Not Submitting Up to date Medical Proof: Veterans usually submit outdated medical data that don’t mirror the present severity of their situation. Be certain to supply the VA with current medical evaluations and check outcomes to assist your declare.
- Overlooking Nexus Letters: Though many circumstances are presumptively linked to burn pits, not offering a nexus letter in additional complicated instances can weaken your declare. Think about acquiring a specialist’s opinion in case you’re going through a denial.
Let Incapacity Legislation Group Assist You Safe Burn Pit-Associated Advantages
Submitting a VA incapacity declare for burn pit publicity could be a complicated course of, however with the fitting technique and proof, you may safe the compensation you deserve. At Incapacity Legislation Group, we focus on serving to veterans navigate the VA claims course of and collect the mandatory documentation to construct a robust case.
Whether or not you’re submitting an preliminary declare or interesting a denial, our skilled attorneys can information you thru each step of the method. Contact us right now for a free session, and allow us to assist you obtain the advantages you’ve earned by your service.
