How the VA Rates Respiratory Conditions Caused by Burn Pit Exposure

For years, veterans who served near open-air burn pits have returned home with a new battle to face: debilitating respiratory conditions and cancer. If you are struggling to breathe due to your service, you are not alone. The law now offers a clearer path to benefits for those affected. At the Veterans Benefits Law Group, our Burn Pits Attorney in Ridgeland, MS, is dedicated to helping veterans obtain the compensation they deserve for their service-connected illnesses.

The Legal Turning Point: The PACT Act

A significant change in veterans’ benefits was brought about by the passage of the Promise to Address Comprehensive Toxics (PACT) Act. This groundbreaking law expanded healthcare coverage and benefits for veterans who were exposed to burn pits and other hazardous substances. Most importantly, it included numerous respiratory conditions and cancers on the VA’s list of presumptive conditions.

This “presumptive” connection is essential. Typically, when filing a VA disability claim, veterans must prove that their condition is directly related to their service. However, for presumptive conditions, the VA assumes a service connection if the veteran served in a specific location during a particular time period. This eliminates a significant legal obstacle for thousands of veterans.

What Are Burn Pits and What Was in the Smoke?

Burn pits were large, open-air areas used by the military to dispose of waste. The waste that was burned was not ordinary; it included chemicals, paint, medical waste, plastic, and petroleum products. When these materials were burned, they released a toxic mixture of fumes, which included:

• Sulfur Dioxide
• Volatile Organic Compounds (VOCs)
• Particulate Matter that lodges deep in the lungs
• Carcinogens like dioxins

The VA has acknowledged the potential harm and created the Airborne Hazards and Open Burn Pit Registry (AHOBPR) to allow veterans to document their exposure to hazardous materials and health concerns.

Presumptive Respiratory Conditions Linked to Burn Pits

The PACT Act specifically identifies several respiratory conditions as being presumptively related to service in certain areas, including the Gulf War and post-9/11 eras. If you have been diagnosed with one of these conditions and served in a qualified area, the VA will assume that your condition was caused by exposure during your service.

Key presumptive respiratory conditions now include:

• Asthma that was diagnosed after service
• Chronic Bronchitis
• Chronic Obstructive Pulmonary Disease (COPD)
• Chronic Rhinitis
• Chronic Sinusitis
• Constrictive Bronchiolitis or Obliterative Bronchiolitis
• Emphysema
• Granulomatous Disease

In addition, several respiratory cancers are also presumptive, including lung cancer and squamous cell carcinoma of the larynx or trachea.

How the VA Rates Your Respiratory Condition

VA disability ratings for respiratory conditions are based on the severity of your symptoms and how they affect your lung function. The VA uses a specific system, known as the VA Schedule for Rating Disabilities (VASRD), to determine a percentage rating. This rating directly affects your monthly compensation.

The evaluation often relies on pulmonary function tests (PFTs) to measure your breathing capacity. Here is an overview of how some common conditions are rated:

• Asthma: Ratings range from 10% to 100%, based on the frequency of asthma attacks and your lung function measurements.
• Chronic bronchitis and COPD: These are typically rated using the same criteria as asthma, focusing on FEV-1 (Forced Expiratory Volume) and FVC (Forced Vital Capacity).
• Chronic sinusitis and rhinitis: These are rated based on the number of episodes per year that cause you to be incapacitated, with ratings ranging from 0% to 50%.

It’s not just about the numbers on the test. The VA also needs to consider the overall effect of your condition on your daily life and work ability. A skilled attorney can help ensure all your symptoms are documented and presented in a way that maximizes your rating.

Your Right to Compensation for Your Burn Pit-Related Cancer

If you have been diagnosed with a respiratory condition or cancer as a result of your service, you may be eligible to seek compensation. The PACT Act has opened up opportunities for those who were previously not able to receive benefits. To be considered for compensation, you generally need to:

• Have a current diagnosis of a condition that is linked to your military service.
• Have served on active duty at a specific location during a certain time period.
• Be discharged from the military under conditions that are not considered dishonorable.

We Are Here to Fight for Your Benefits

Navigating the VA benefits process can be challenging and frustrating, especially if you are dealing with a serious medical condition. The team at Veterans Benefits Law Group understands both the science behind your condition and the laws that support your claim.

Do not delay in claiming the benefits you deserve. Contact our office today at (601) 414-3707 to schedule a free consultation. We offer a no-obligation evaluation of your case. We work on a contingency basis, which means you only pay if we win your case. Proudly serving veterans and their families in Jackson, MS and surrounding areas.