Respiratory Illness or Something More? When Burn Pit Claims Are Wrongly Undervalued

For thousands of veterans returning from Iraq, Afghanistan and other Middle Eastern conflict zones, a seemingly simple respiratory condition can often mask a more serious health issue. Veterans with chronic bronchitis, asthma or sinusitis may not be aware that these conditions could be early warning signs of cancer linked to burn pits or other serious illnesses which are eligible for significant disability compensation under federal law.

The Hidden Danger of Misdiagnosed Burn Pit Exposure

Military burn pits operate continuously at bases throughout Southwest Asia, covering over 10 acres and burning toxic waste 24 hours a day, seven days a week. One such example is the notorious burn pit at Joint Base Balad in Iraq, which is positioned dangerously close to sleeping quarters and workspaces, exposing thousands of service members to dioxins, volatile organic compounds (VOCs), hexavalent chromium, and other carcinogens.

Under 38 U.S.C., Section 1120, Congress established a presumptive service connection for diseases associated with burn pit exposure. This means that veterans no longer need to prove that their condition was caused by military service. However, many veterans are receiving initial diagnoses for respiratory conditions without proper investigation to determine whether these symptoms indicate more serious underlying illnesses that are covered by the PACT Act.

When Initial Diagnoses Fall Short

The challenge lies in how medical providers initially categorize symptoms. A person with chronic cough, shortness of breath and chest tightness may be given a straightforward diagnosis of asthma or chronic obstructive pulmonary disease (COPD). Although these conditions are covered under 38 CFR Section 3.320 presumptively, they have lower disability ratings than cancers that may ultimately develop from them or indicate.

Recent medical research has shown a clear link between exposure to burn pits and various types of cancer, including respiratory, gastrointestinal, brain and kidney cancers. The Department of Veterans Affairs (VA) has expanded its list of presumptive conditions several times since the passage of the PACT Act in August 2022. More recently, genitourinary cancers and leukaemias were added via interim final rules published in the Federal Register in January 2025.

The Financial Impact of Undervaluation

The difference in compensation for respiratory conditions versus cancer diagnoses is significant. Veterans with a rating of 30% for asthma receive approximately $524.31 per month, while veterans with a 100% rating for respiratory cancer receive $3,877.45 per month – excluding additional benefits for dependents or Total Disability Individual Unemployment (TDIU) – are provided.

When claims are undervalued at the initial stage, veterans may spend years fighting for a proper diagnosis and rating, while their conditions continue to worsen. Some veterans give up on their claims entirely, not realizing that their respiratory symptoms could qualify them for much higher benefits.

The Importance of Comprehensive Medical Evaluation

Veterans who experience respiratory symptoms after exposure to burn pits should insist on a thorough medical evaluation, which may include imaging studies, pulmonary function tests, and cancer screenings based on their exposure history and symptoms. Registration with the Airborne Hazards and Open Burn Pit Registry provides additional documentation to support claims, although it is not required to file for benefits.

Medical providers must take into account the full range of conditions related to burn pits when assessing veterans’ symptoms. Something that may seem like simple chronic bronchitis could actually be early-stage lung cancer or pulmonary fibrosis, conditions that require significantly different treatments and disability ratings.

Legal Representation Makes a Difference

Veterans whose claims have been denied or underpaid should consider filing additional claims under the provisions of the PACT Act. The Department of Veterans Affairs (VA) is required to re-evaluate previously denied claims if new information is presented, which could potentially lead to earlier effective dates and retroactive compensation.

At the Veterans Benefits Law Group in Ridgeland, Mississippi, our attorneys specialize in burn pit exposure cases. They know how to properly document and present claims to achieve maximum compensation. We collaborate with medical professionals who are experts in the complex health effects of burn pit exposure and can provide necessary opinions for successful claim submissions.

Take Action Today

If you have been diagnosed with a respiratory condition after serving in Southwest Asia or other areas with burn pits, please do not accept an undervalued rating without careful consideration. Your symptoms could indicate a more severe condition that is entitled to higher levels of compensation.

Contact the Veterans Benefits Law Group at (601) 414-3707 for a free and no-obligation case evaluation. We represent veterans in Jackson, Mississippi and surrounding areas on a contingency basis, which means you pay nothing unless we win your case. Don’t let your service be undervalued by a wrongful denial of benefits. Get the compensation you deserve for your service to our country.