Since the passage of the Honoring Our PACT Act of 2022 (also known as simply the PACT Act), an increasing number of veterans have been able to obtain benefits due to illnesses caused by burn pits. This was a major change for the VA, which often previously prevented veterans from obtaining benefits for burn pit-related illnesses. Here are five things you need to know about burn pits as a veteran:
- Burn pits were commonly used by the military to dispose of waste
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- For decades, burn pits were one of the primary methods the military used to dispose of all sorts of waste generated by their activities. Anything from discarded food to damaged or faulty equipment, and even some classified substances and materials, would be thrown into these pits. Many people, including soldiers, would then breathe in the smoke from these pits when the waste was set alight.
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- Burn pits may have contained dangerous or carcinogenic substances
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- Due to the wide variety of the things disposed of in burn pits, it is highly likely that the smoke from these pits was dangerous to inhale. While the exact composition of the smoke is not publicly known, there is a high likelihood that at least some of the chemicals in that smoke were harmful to human health. This, naturally, may have contributed to many veterans becoming sick later in life.
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- Burn pit-related illnesses could take years to become manifest
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- Part of the difficulty with proving burn pit-related disabilities in the past was demonstrating the connection between the disabilities and their military service. For example, some of the more common illnesses related to burn pit exposure include several types of cancer, as well as things like asthma, COPD, and pulmonary fibrosis. Notably, many of these diseases can be developed naturally without burn pit exposure, making it difficult to prove the connection.
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- Many illnesses caused by burn pits are now presumptive disabilities
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- As research on disabilities related to burn pit exposure has advanced, more and more conditions have been added as “presumptive disabilities” for veterans. In effect, veterans who develop these conditions are automatically considered to be service-related. This allows them to avoid one of the most difficult steps of obtaining disability benefits.
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- You may be eligible for veterans disability benefits
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- If you are a veteran suffering from a chronic condition related to burn pit exposure, you should speak to a lawyer with experience handling veterans disability benefits. They can help you apply for benefits, and argue on your behalf if your claim is denied. That way, you can maximize the chances of getting the benefits you deserve.
The attorneys of Sullivan & Kehoe place a special focus on assisting disabled veterans. Our veterans’ disability lawyers are still available for remote consultation on your legal issues. Call our office at (800) 395-7830 to schedule a consultation in our New York City, Garden City, Kings Park, Riverhead, or White Plains office, or visit our contact page.
