The U.S. military has long used open-air sites as makeshift waste combustion facilities.
In the 21st century, these areas became known as “burn pits” and gained attention for their frequent use during the Global War on Terror. While Iraq and Afghanistan are home to some of the more recent burn pits, they are far from the only ones.
Since 2001, burn pits have also been used in Saudi Arabia, Djibouti, Qatar, and many other locations throughout the region.
The noxious fumes that these disposal areas created are now linked to a range of respiratory presumptive conditions.
Are you a veteran suffering from a condition that you believed may be linked to burn pit exposure? If so, we can help. Read on to discover the details behind these conditions and how you can receive the compensation you deserve.
In this article about burn pit presumptive conditions
What Are Burn Pits?
As their name implies, burn pits were areas of open ground that the U.S. military would use to dispose of on-site waste while downrange. Some were the size of football fields while others covered many acres of open land.
The types of waste burned in these areas include but are not limited to:
- Paint
- Plastics
- Rubber
- Metal
- Wood
- Food
- Chemicals
- Aluminum cans
- Medical and human waste
- Petroleum and lubricants
As these materials burned, they released toxins that affected service personnel in various ways, with the potential to cause trauma to the following areas:
- Eyes
- Skin
- Respiratory system
- Internal organs
- Cardiovascular system
- Gastrointestinal tract
As it can take a while for these reactions to appear, veterans might not realize that they are suffering from the long-term health consequences of exposure to burn pits in Iraq and Afghanistan.
How Do Presumptive Conditions Work?
The VA assumes that there are certain conditions linked to the unique circumstances of a veteran’s military service. For example, these conditions are on the presumptive list for Agent Orange exposure.
If you’re diagnosed with a presumptive connection in a certain group, you could be eligible to receive VA compensation benefits to help you recoup the costs of your pain and suffering. Within each group of presumptive conditions, there are also myriad secondary service-related disabilities that can also warrant additional compensation by the VA.
Common Burn Pit Presumptive Conditions
Veterans eligible for burn pit exposure benefits include veterans who served in Afghanistan, Syria, Uzbekistan, and Djibouti during the Persian Gulf War, from September 19, 2001, to the present, or The Southwest Asia theater of operations from August 2, 1990, to the present.
According to the VA, the veterans who stood closest to burn pit smoke, or who were exposed to them for longer periods of time, are at the greatest risk of feeling their effects.
Otherwise, a majority of local irritation is temporary in nature and resolves on its own after exposure. These minor afflictions include eye irritation, coughing, itchy skin, and respiratory difficulties.
The agency also claims that these effects hinge on a few other factors, including the specific type of waste that was burned and wind direction.
Still, there are other veterans for whom burn pits proved to be far more dangerous. For these, the effects of exposure are long-lasting and can lead to debilitating conditions.
In August 2021, the VA began recognizing the first three presumptive conditions (asthma, rhinitis, and sinusitis) for burn pit exposure. Eight months later, the VA expanded the list in April 2022 to include the nine rare respiratory cancers to the list of presumptive conditions.
To be eligible for benefits, you must have gotten one of these conditions within 10 years of your separation from active service.
At the time this article was last updated, Congress was considering legislation that would expand the presumptive list for toxic exposures to include 23 more conditions
Asthma Caused by Burn Pits
Asthma is an obstructive lung disease categorized under diagnostic code 6602. People with this condition suffer from airways and bronchi that swell up and close.
Certain tests, including Forced Expiratory Volume in 1 Second (FEV-1) Tests and Forced Vital Capacity (FVC) Tests, can be performed when an asthma sufferer is not currently experiencing an attack. However, it can inaccurately read as normal. In response, a methacholine challenge test is often administered, as the methacholine will trigger an asthma attack.
Once the attack begins, a spirometry test can monitor the patient’s response. The subsequent results and ratings are as follows:
- FEV-1/FVC less than 40%: 100% rating
- FEV-1/FVC 40% to 55%: 60% rating
- FEV-1/FVC 56% to 70%: 30% rating
- FEV-1/FVC 71% to 80%: 10% rating
Possible Secondary Service-Connected Disabilities
The VA may recognize the following conditions as secondary service-connected disabilities related to asthma:
- Sleep apnea
- Pulmonary emphysema
- Acid reflux disease
Rhinitis Caused by Burn Pits
Rhinitis is inflammation of the mucous membrane of the nose, caused by a virus infection, like the common cold, or by an allergic reaction (hay fever). Here are the VA ratings for the three types of rhinitis are:
- Allergic or vasomotor rhinitis (diagnostic code 6522)
- 30% with polyps
- 10% without polyps, but with greater than 50% obstruction of nasal passage on both sides or complete obstruction on one side
- Bacterial rhinitis (diagnostic code 6523)
- 50%: rhinoscleroma:
- 10%: with permanent hypertrophy of turbinates and greater than 50% obstruction of nasal passage on both sides or complete obstruction on one side
- Granulomatous rhinitis (diagnostic code 6524)
- 100%: Wegener’s granulomatous, lethal midline granuloma
- 20%: Other types of granulomatous infection
Possible Secondary Service-Connected Disabilities
The VA may recognize the following conditions as secondary service-connected disabilities related to rhinitis:
- Asthma
- Sinusitis
- Chronic middle ear effusions
- Sleep apnea
Sinusitis Caused by Burn Pits
Sinusitis is inflammation or swelling of the tissue lining of the sinuses. Sinuses are hollow spaces within the bones between your eyes, behind your cheekbones, and in your forehead. The general rating for sinusitis includes Diagnostic Codes 6510 through 6514 and are as follows:
- 50%: Following radical surgery with chronic osteomyelitis, or; near constant sinusitis charactertized by headaches, pain, and tenderness of affected sinus, and purulent discharge or crusting after repeated surgeries
- 30%: Three or more incapaciting episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; more than six non-capacitiating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting
- 10%: One or two incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting
- 0%: Detected by X-ray only: 0%
Possible Secondary Service-Connected Disabilities
The VA may recognize the following conditions as secondary service-connected disabilities related to sinusitis:
- Laryngitis
- Bronchitis
- Sleep apnea
Rare Respiratory Cancers
Veterans advocates have increasingly lobbied the VA and congressional leaders to expand the lisst of the list of burn pit presumptive conditions. In April 2022, the VA added the following 9 rare respiratory cancers to the list:
- Squamous cell carcinoma of the larynx
- Squamous cell carcinoma of the trachea
- Adenocarcinoma of the trachea
- Salivary gland-type tumors of the trachea
- Adenosquamous carcinoma of the lung
- Large cell carcinoma of the lung
- Salivary gland-type tumors of the lung
- Sarcomatoid carcinoma of the lung
- Typical and atypical carcinoid of the lung
Veterans who believe these cancers are linked to exposure to burn pits during service no longer have to present evidence of the connection–called a medical nexus–to receive VA disability benefits.
The VA recommends veterans who were previously denied benefits for these conditions files a supplemental claim
VA Airborne Hazards and Open Burn Pit Registry (AHOBPR)
If you were exposed to burn pits during your time in service, you can join the VA’s Airborne Hazards and Open Burn Pit Registry (AHOBPR). By joining this registry, you can provide information to the VA about your experiences with burn pits. Even if you have not had any symptoms or illnesses related to your burn pit exposure, participating in this registry can help the VA understand the long-term effects of burn pits. Things to remember:
- You do not have to participate in the registry to file a claim or to be enrolled in VA health care.
- Participation in this registry is separate from and cannot negatively affect your ability to receive VA health care or ability to file a claim.
- You can save and submit your registry questionnaire and notes from the optional health evaluation to support your claim.
- You can still participate in the registry even if you do not remember any exposure to airborne hazards during your military service.
Are You Eligible for Compensation?
If you were exposed to a burn pit for any period of time during your military service, you could be eligible to receive disability compensation from the VA.
This list of burn pit presumptive conditions is a great place to start. Read through these health conditions and see if any apply to you. From there, you can delve into secondary service-connected disabilities, too.
Need a little help as you navigate these next steps? That’s why we’re here. Get in touch today for a free legal consultation.
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