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

Understanding Your Burn Pit Exposure VA Rating

Your burn pit exposure VA rating is based on the severity of your condition and its impact on your ability to function. Even if your illness is on the presumptive list, your rating depends on the strength of your medical evidence.

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.