Eligible Burn Pit Locations
- Desert Storm
- Djibouti, Africa on or after Sept. 11, 2001
- Operations Desert Shield
- Operation Enduring Freedom
- Operation Iraqi Freedom
- Operation New Dawn
- Southwest Asia on or after Aug. 2, 1990
Conditions Related to Burn Pit Exposure in Veterans
- Brain Cancer
- Cardiovascular Complications
- Chronic Lymphocytic Leukemia
- Gastrointestinal Problems
- Internal Organ Conditions
- Lung Cancer
- Respiratory Problems
- Skin Conditions
Volatile Items Found in Burn Pits
- Discarded Food
- Lubricant Products
- Human Waste
- Medical Waste
- Metal Cans
- Unexploded Ordinances
Steps to Winning Your Burn Pit Exposure VA Disability Benefits Claim
Evidence of Medical Condition
The first step to winning your burn pit exposure VA disability benefits claim is to prove you have a medical condition. You can do this by treating with medical professionals. You will be able to submit their medical evidence and obtain medical reports of your conditions.
All successful VA disability benefits claims require the veteran to prove their medical conditions are service-connected. Remember, at this time there is no presumptive list of conditions related to burn pits. That means you are going to need concrete evidence of exposure to burn pits during your active-duty service.
Nexus Between Conditions and Burn Pits
In this step, you will need to link your medical condition to your military service. You can do this by submitting medical reports from doctors. You may also want to consider using research, scholarly articles, and scientific data.
Learn More: Calculate your rating with our VA Disability Benefits Rating Calculator
Appealing Burn Pit Exposure VA Disability Benefits Claims Denials
A large number of burn pit exposure VA disability benefits claims are denied on the initial application. The VA regularly denies legitimate claims and entitled veterans are forced to go through the lengthy appeal process. Veterans have one year to file an appeal. Your VA Rating Decision letter will include the deadline by which you must file your appeal.
If you need help appealing, reach out to our VA benefits appeals lawyers. Woods & Woods has successfully filed thousands of appeals. The lawyers at Woods & Woods are experienced and know how to win complicated claims. Burn pit exposure VA disability benefits claim can be hard to win. We know what evidence is needed, understand VA laws, and have studied VA regulations for years. Let our VA disability denial lawyers’ knowledge help you win your burn pit exposure VA disability benefits claim.
FAQ: Burn Pit Exposure VA Disability Benefits Claims
Q: Is there a burn pit presumptive list for veterans?
A: No. At this time there are no presumptive illnesses for burn pit exposure VA disability benefits. If you develop a condition from burn pit exposure, the VA will not automatically grant your claim.
Q: How much could I receive in burn pit exposure VA disability benefits?
A: The amount you receive monthly from the VA is going to depend upon the severity of your mental and physical conditions. Some veterans may receive over $3,400 a month in VA disability payments.
Q: What if I’m denied burn pit exposure VA disability benefits?
A: If you are denied burn pit exposure VA disability benefits, you can file an appeal and go through the VA disability benefits appeal process to obtain benefits. A large number of veterans are forced to appeal to receive VA disability benefits.
Q: Will the VA consider all my medical conditions?
A: Yes. When you apply for burn pit exposure VA disability benefits, make sure you file for all your service-connected mental and physical conditions. Don’t forget to include all your secondary service-connected conditions as well.
Q: What if I joined the burn pit registry?
A: If you joined the burn pit registry, you probably haven’t really seen a benefit yet. Participation in the burn pit registry is completely voluntary. The goal of the burn pit registry is to identify health concerns, assist healthcare providers, and to document active-duty exposures. Joining the burn pit registry will not automatically qualify you for VA disability benefits.
Help For Veterans That Can’t Work From Burn Pit Exposure
Veterans that can’t work from any service-connected disability may be eligible for Total Disability Individual Unemployability (TDIU) benefits. When applying for burn pit exposure VA disability benefits, your claim will be considered for Individual Unemployability if your rating is high enough. Veterans with accommodations at work may also be eligible for Individual Unemployability benefits. If you want to learn more, you can always have a free conversation with Woods & Woods Individual Unemployability lawyers.
Burn Pit Exposure VA Disability Benefits Law Changes
A federal judge recently ruled that open-air burn pits in Iraq and Afghanistan are related to lung conditions in many veterans. Unfortunately, that ruling does not make the Veterans Benefits Administration compile a presumptive list for VA disability benefits purposes. While the judge’s decision does not have a bearing on veterans disability benefits, it provides hope that eventually the VA will accept responsibility on burn pits.
The VA reports that nearly 61,000 veterans have already joined the Burn Pit Registry. We believe that’s probably just the tip of the iceberg. The burn pits in Iraq and Afghanistan were upwind of military bases that housed thousands of U.S. service members. It is reasonable to believe that tens-of-thousands of veterans were exposed during their tours in Iraq and Afghanistan.
Veterans filed lawsuits against the military contractors that were responsible for the burn pits. However, in 2017 the lawsuits against the military contractors were dismissed. The court found that the military directed the contractors to dispose of waste in burn pits. Because the contractors were acting with military direction, there is no civil recourse for Iraq and Afghanistan veterans.
Related Litigation For Vets: IED/EFP Anti-Terrorism Lawsuit
Veterans of the Iraq and Afghanistan Wars that were exposed to IEDs and EFPs may have legal recourse against major international banks. The Iraq and Afghanistan veterans’ IED/EFP roadside bomb injury lawsuit may provide compensation to affected veterans and their families.
The Afghanistan and Iraq War veterans lawsuit anti-terrorism litigation fund alleges that international banks evaded sanctions by laundering money into Iran. Many lawyers believe that money ended up in the hands of terrorist organizations that targeted American service members in Iraq and Afghanistan.
Get Help From A Burn Pit Exposure VA Disability Benefits Claims Attorney
Since 1985, Woods & Woods has grown into a nationwide veterans disability benefits law firm. Our VA disability lawyers have helped thousands of vets get the benefits they deserve. We know the VA system and we know how to win burn pit exposure VA disability benefits claims. While burn pit exposure VA disability benefits claims can be hard to win, we have helped many veterans prove service-connection and obtain benefits.
There is never an obligation to hire Woods & Woods military disability compensation lawyers just because you received a free legal consultation. We also can help with the application process for free. If you are just starting the burn pit exposure VA disability benefits application process and don’t know where to begin, give us a call. We can give you some pointers on applying and answer your questions about filing a burn pit exposure VA disability benefits claim.
Free Legal Consultation
At Woods & Woods VA disability compensation lawyers, we always offer free legal consultations. You can learn about your rights and ask questions about burn pit exposure VA disability benefits claims for veterans.
You Only Pay If We Win
You only pay Woods & Woods veterans benefits lawyers if you win your appeal. Our fee is a percentage of back pay and case expenses. We’ll never ask for money upfront, never bill by the hour, and we never charge for phone calls.
Experienced VA Legal Team
When you call Woods & Woods, you’ll get an experienced VA-certified disability attorney. We have teams of lawyers, paralegals, case managers, doctors, psychologists, and vocational experts who will fight the VA for you.