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Burn Pits & You: What The 2022 PACT Act Means For US Veterans

By Jessica M. Friedman of Friedman Law Firm, P.C.

Friday, August 12, 2022

Burn Pits: What The 2022 PACT Act Means for US Veterans

For those asking: "What are burn pits?"

Burn pits are pits filled with waste from a deployment and set aflame with jet fuel or diesel. Common waste products include:

  • Chemicals, paint, medical and human waste

  • Metal and aluminum cans

  • Munitions and unexploded ordnance

  • Petroleum and lubricant products

  • Plastics, rubber, wood, and food waste

“A lot of the places where our soldiers were sleeping were literally a quarter-mile, a half-mile away from it, and where they ate their chow. I mean, it was there all the time — toxic smoke thick with poisons spreading through the air and into the lungs of our troops.”

-- President Joe Biden, The White House

In his State of the Union address earlier this year, President Biden talked about burn pits, saying exposure could have led to the death of his son Beau Biden who served a year-long tour of duty in Iraq and later died of brain cancer. For him, like many others, the matter is deeply personal. 

Military bases throughout the Middle East and North Africa region have relied on burn pits for waste disposal. The practice is not new by any means; however, the conflict in Afghanistan, at its peak, saw burn pits used for over 400 tons of waste daily. 

Presumptive Service Connection

The veterans of the Vietnam war had to fight for over 20 years in order to get Congress to pass the 1991 Agent Orange Act. In 2021, the Veterans Agent Orange Exposure Equity Act was passed. No longer do veterans have to prove exposure to Agent Orange. They are now presumed to have been exposed to Agent Orange if they set foot once within defined boundaries.

A result of the PACT Act is that the Department of Veterans Affairs has been directed to add all 23 presumptive conditions currently related to toxic exposure to burn pits. On top of that, additional funding will be applied to perform greater scientific investigations of exposure-related diseases among veterans and active-duty service members. This means that many more veterans exposed to burn pits are now eligible and urged to receive VA disability benefits for burn pit exposure. 

Burn Pits & You

Who does this apply to? Gulf war era and post-9/11 veterans of the US military.

Factors that may indicate you have a greater or lesser risk of short or long-term health effects include:

  • Types of waste burned

  • Proximity, amount of time, and frequency of exposure

  • Wind direction and other weather-related factors

  • Presence of other airborne or environmental hazards in the area

Associated Conditions:

  • Brain cancer

  • Glioblastoma

  • Kidney cancer

  • Melanoma

  • Neck cancer

  • Pancreatic cancer

  • Reproductive cancer (any kind)

  • Respiratory cancer (any kind)

  • Gastrointestinal cancer (any kind)

  • Head cancer (any kind)

  • Lymphatic cancer (any kind)

  • Lymphoma (any kind)

  • Asthma (diagnosed after service)

  • Chronic bronchitis

  • Chronic obstructive pulmonary disease (COPD)

  • Chronic rhinitis

  • Chronic sinusitis

  • Constrictive bronchiolitis

  • Emphysema

  • Granulomatous disease

  • Interstitial lung disease (ILD)

  • Pleuritis

  • Pulmonary fibrosis

  • Sarcoidosis

Additional Veterans Benefits

For families of veterans who died of toxic exposure, this burn pit legislation brings more than just disability:

  • Monthly stipends of $2,000 a month for surviving spouses with two children

  • Access to life insurance, home loan insurance, tuition benefits, and help with healthcare

  • New facilities, improved care, more research, and increased hiring/retention of healthcare workers treating veterans

Conclusion

If you suffer from health issues following burn pit exposure while in the military, you could be eligible for VA disability compensation. Friedman Law Firm has extensive experience working with veterans who suffered Agent Orange exposure and toxic exposure to burn pits. Contact us for a free consultation with one of our attorneys today. 

Sources

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