Burn Pit Exposure VA Ratings: Your Complete Guide to Winning VA Benefits for Burn Pit Exposure
If you’re a veteran who served in Iraq, Afghanistan, or other post-9/11 deployments, you probably remember those burn pits. Our attorneys understand the challenges you may be facing. The confusing paperwork and denied claims. Finding the next steps when seeking your rightful burn pit exposure VA rating can be a downright struggle. Understanding how to file a VA claim for burn pit exposure and securing the VA benefits for burn pit exposure you’ve earned doesn’t have to feel impossible.
What Every Burn Pit-Exposed Veteran Needs to Know
- Your burn pit exposure VA rating depends on the severity of your condition and how well your medical evidence supports it
- The PACT Act expanded the list of VA presumptive conditions for burn pit exposure, making it easier to prove service connection for certain illnesses
- Filing a VA claim for burn pit exposure still requires detailed documentation and can be denied without strong supporting evidence
- You can appeal denied claims or low ratings. Getting legal help often improves your chances of success
- Start with a free case review to get your rating right and unlock the VA benefits for burn pit exposure you deserve
What Are Burn Pits, and How Do They Affect Your Health?
Burn pits were large open-air waste disposal sites used in combat zones like Iraq and Afghanistan. They burned everything from plastics and chemicals to medical waste and, yes, human waste. This released toxic smoke that many service members breathed in daily for months or years.
As the years passed and service members got on with their lives, veterans started reporting serious health problems. Growing evidence from environmental health studies and veteran case reports led to policy changes. This included the landmark PACT Act.
Common Health Issues Linked to Burn Pit Exposure
Health issues weren’t just the breathing troubles. Common health issues that the PACT Act linked to burn pit exposure include:
- Respiratory conditions
- Rare cancers
- Autoimmune disorders
- Unexplained inflammatory conditions
- Neurological symptoms and cognitive difficulties
How the PACT Act Revolutionizes Burn Pit Claims
The PACT Act, signed into law in 2022, fundamentally changed how the VA handles these toxic exposure claims. It added over 20 new VA presumptive conditions for burn pit exposure. It also expanded benefits eligibility for millions of veterans.
What the PACT Act Means for Your Claim
If you served in a qualifying location during a specific time period and have a listed illness, the VA presumes your condition is service-connected. This means you don’t have to fight to connect your service and illness. Qualifying locations include Iraq, Afghanistan, Kuwait, Somalia, Djibouti, and other post-9/11 operational zones where burn pits were common.
List of VA Presumptive Conditions for Burn Pit Exposure
The VA now recognizes these illnesses as presumptively service-connected for burn pit-exposed veterans:
Respiratory Conditions
- Asthma (diagnosed after service)
- Chronic bronchitis
- Chronic rhinitis
- Chronic sinusitis
- COPD (Chronic Obstructive Pulmonary Disease)
Cancers
- Brain cancer
- Glioblastoma
- Kidney cancer
- Pancreatic cancer
- Head and neck cancers
How the VA Assigns Disability Ratings
The VA uses specific rating criteria for each condition:
Respiratory Conditions
- Asthma: 10% to 100% based on attack frequency, medication requirements, and hospitalizations
- COPD: Rated on pulmonary function test results and symptom severity
- Chronic conditions: Based on the frequency and severity of flare-ups
Cancers
- Active cancer: Usually rated at 100% during treatment
- Post-treatment: Rating adjusted based on residual symptoms and functional impairment
Elements of a Strong Rating Decision
Include these critical components in your claim:
- Objective medical evidence, like pulmonary function tests, CT scans, or biopsy results
- Detailed DBQ from your treating doctor or medical expert
- Compelling nexus letter for non-presumptive conditions
- Thorough lay statements from you and people who know you well
Common Challenges in Burn Pit Claims
Despite the PACT Act’s improvements, filing a VA claim for burn pit exposure isn’t automatic. Here are some common reasons why some veterans get that dreaded denial letter in the mail:
- Incomplete medical records from military service
- Vague symptom documentation in civilian medical records
- Missing nexus opinions for non-presumptive conditions
- Insufficient evidence of functional impairment
Working with experienced advocates who specialize in building comprehensive, well-documented claims from the start can help you avoid getting that letter yourself.
What to Do If Your Claim Is Denied
A denial is not the end of the road. Don’t give up. A supplemental claim (VA Form 20-0995) allows you to submit new and relevant evidence to support your case. This might include additional medical records, updated DBQs, or new nexus letters.
There is also a higher-level review (VA Form 20-0996). This means you get a fresh review of your existing evidence by a senior VA adjudicator. No new evidence can be submitted, but errors in the original decision may be corrected.
Board Appeal
Appeal to the Board of Veterans’ Appeals for an independent review. You can choose to submit additional evidence or have a hearing. Veterans with legal representation have a 40.9% higher success rate on appeal compared to those without an attorney, according to 2023 Board of Veterans’ Appeals data.
Should You Join the VA’s Burn Pit Registry?
Joining the Airborne Hazards and Open Burn Pit Registry is optional but recommended. While registration isn’t required for benefits, it creates an official record of your exposure. It also helps the VA track patterns in veteran health issues, meaning it can support future research and policy changes. Registration is free and is available on the VA website.
Maximizing Your VA Benefits for Burn Pit Exposure
Veterans with burn pit-related conditions may also qualify for:
- Vocational Rehabilitation and Employment (VR&E) if your condition affects your ability to work
- Monthly compensation for severe disabilities requiring aid and attendance
- Dependency and Indemnity Compensation (DIC) for survivors if the condition proves fatal
You can also qualify for additional healthcare benefits. This might mean VA medical care for service-connected conditions. You may also get priority access to VA healthcare services and specialized treatment at VA environmental health clinics.
Taking Action on Your Burn Pit Exposure Claim
Time matters when it comes to your burn pit exposure VA rating. The sooner you file your claim, the sooner you can get the VA benefits for burn pit exposure you’ve earned.
Whether you’re filing an initial claim, appealing a denial, or seeking a rating increase, having experienced advocates, like Gordon & Partners, on your side can make all the difference. We understand the ins and outs of burn pit claims and know how to present your case. Your health challenges from burn pit exposure are real, and you deserve full recognition and compensation for your service-connected disabilities.
For assistance with your claim, please contact us today.
Success Stories
"Phenomenal company. They handled my claim professionally and successfully in a very short amount of time. Every staff member I interacted with was respectful and courteous. They took the time to listen, gave me timely feedback and effectively communicated throughout the entire process. Highly recommend them to any Veteran navigating the complicated VA claims system."
"There are no words, really, to explain how grateful my wife and I are for this legal firm and their knowledge and tenacity in taking on my cause with the VA. We’re talking about the results of incidents that occurred in the Vietnam war in 1967-68! [They] moved along from hearing to hearing, exam to exam, appeal to appeal, and even a remote video hearing before a judge, until I was awarded 100% disability."
" The team at Gordon and partners do an amazing job fighting for me and getting me what I deserve. Special thanks to my team Cory C. Strolla, Uri Pierre, Oraina Kirlew, and ALayah Daniels. These individuals are always available when I call and ensure that not only I get what I deserve, but also ensure I understand every step of the process. If you are injured or a veteran, do not hesitate to reach out and get Gordon and Partners on your side."
"What truly stood out was the personalized service I received. They took the time to understand my unique situation, my military background, and the specific challenges I faced in filing my disability claim. This tailored approach made me feel valued as a client rather than just another case number. The team worked diligently to ensure that my application highlighted my service-related issues effectively."
"After years of feeling overlooked and frustrated, I sought help and their team stepped in with professionalism, compassion, and a real understanding of the VA process. They fought to get me 90 percent and continued to fight until I got 100 percent. They took the time to listen to my story, kept me informed every step of the way, and fought hard to get the outcome I had nearly given up on."
Our Certifications
Have You Been Denied Your Veteran Benefits?
We will never give up the fight for our nation’s veterans. Call us at (866) 779-9990 or fill out a contact form to schedule a free, no-obligation consultation with a dedicated VA disability attorney.
