Veterans are now waiting on the United States Senate to pass the Honoring our Promise to Address Comprehensive Toxics Act of 2021. This is the bill to expand VA burn pit coverage, better known as the PACT Act, which was passed by the House of Representatives.
Pat Murray, the legislative director for the Veterans of Foreign Wars, urged Senators to expand burn pit exposure coverage for veterans who served in Southwest Asia. After all, he pointed out, burn pits are illegal in the United States because it is common knowledge that breathing in toxins is bad.
It is also a common practice for the US military to use burn pits at bases overseas. After serving on a base near a burn pit, he said, “[i]t’s very unfortunate that we’re asking the men and women to then prove to the VA that their illness is because of what our government put them through.”
The legislation faces an uncertain future. Advocates expect most or all Senate Democrats to support it, but many Republicans oppose it, citing cost concerns. Sixty senators must vote yes to “call the question,” or end debate and consider the PACT Act for passage. If that does not occur, the bill will not even be voted on.
Burn Pit Illnesses
One of the worst things about burn pit exposure is that the toxic fumes from huge pits cannot be avoided. Thus, for individuals serving in the military overseas, in a designated area which used burn pits like Iraq or Afghanistan, the likelihood of toxic smoke inhalation is almost 100%.
The Department of Defense allowed field commanders in Iraq and Afghanistan to burn trash for several years. This authorization continued even as the Global War on Terror campaigns bogged down, putting more servicemembers at risk.
Burn pit smoke has been linked to a number of serious illnesses. Various forms of cancer and lung diseases are the most serious conditions on this list. Notably, President Biden recently added nine types of rare respiratory cancer to the list of presumptive conditions warranting service connection.
Constrictive Bronchiolitis is one of the most serious burn pit smoke-associated lung diseases. This degenerative condition closes very narrow passageways inside the lungs, through a combination of scar tissue and inflammation. Victims have extreme trouble breathing and walking across a room. Because it’s so serious, healthy, young people almost never develop this or associated conditions. But, a large number of veterans who served in Southwest Asia are being diagnosed with it.
Additionally, the toxic particles in burn pit smoke could cause pancreatic, brain, lung, and other types of cancer. Once these particles infect cells, the body cannot naturally purge them. So, these cells accumulate and form tumors.
The good news is that cancer is no longer a death sentence. The survival rates of these cancers have improved dramatically since the 1990s. The bad news is that the treatments are expensive. VA disability benefits include monthly cash payments and free medical treatment. Families who deal with issues like burn pit exposure-related cancer and breathing problems sorely need these benefits.
Service-Related Connection
These benefits are available if the VA acknowledges a connection between the Veteran’s military activity, such as their service in a region with burn pit use, and the diagnosed illness. In a few cases involving burn pit exposure, a presumption applies. But in the vast majority of cases, an attorney must start from scratch.
It isn’t easy to establish a service-related connection, as outlined below. It is even harder to establish this connection when a VA lawyer fights the claim. And, to avoid opening the floodgates of compensation that VA will have to shell out, VA lawyers tend to defend against burn pit exposure claims vigorously.
A Veteran’s service record usually is not enough to prove a link. Normally, attorneys rely on “buddy statements” in these situations. In such statements, military colleagues can testify about the veteran’s day-to-day activities in service and the veteran’s proximity to toxic smoke.
Additionally, an independent medical examination is useful. Because a private (non-VA) physician can rule out other causes. Lung diseases are a good example. The VA almost always argues that particulate matter and dust caused the victim’s deployment-related lung disease, or DLRD, an umbrella term for various breathing problems. An independent physician often testifies that only toxic particles could have caused the victim’s health problems.
Contact a Veterans Disability Lawyer Today
An attorney is a valuable partner in all phases of a disability claim. Therefore, get a free consultation with an experienced Veterans disability lawyer, contact Cameron Firm, P.C. at 800-861-7262, or fill out the contact form on our website. We are here to represent Veterans nationwide.
This article is for educational and marketing purposes only. Consequently, it does not create an attorney-client relationship.
