Untracked Burn Pit Exposure and Your PACT Act VA Claim

Tucker Disability Law | July 25, 2024

Recent findings reveal a significant gap in how the U.S. military tracks burn pit exposure, which could critically impact your PACT Act burn pit VA disability claims. A report from the Pentagon’s internal watchdog highlights the insufficient monitoring of these toxic sites. Untracked burn pit exposure may affect veterans’ health records and their ability to file or appeal claims effectively.

Key Findings of the DOD Inspector General Report

The Department of Defense (DOD) Inspector General’s report reveals that the military has not adequately tracked service members’ exposure to burn pits. This is especially true for pits not created by the U.S. military. This oversight mainly concerns sites like Camp Lemonnier in Djibouti, where local burn pits exist near U.S. military operations.

Why Untracked Burn Pit Exposure Matters for Your Health

Burn pits are large areas where waste is burned. They release harmful toxins when items like plastics, chemicals, and rubber are incinerated. Service members stationed near these pits have a higher likelihood of developing serious health conditions, such as hypertension and asthma. This highlights the need for comprehensive exposure records for accurate health assessments and benefit claims.

The Impact of Untracked Burn Pit Exposure on PACT Act Burn Pit VA Disability Claims

In 2022, the president signed the PACT Act to expedite benefits for veterans exposed to burn pits. However, the recent findings indicate that many service members’ exposure to these pits, especially those controlled by local entities, might not be properly documented. This missing information can be a significant hurdle when filing or appealing a burn pit-related VA disability claim.

Steps Veterans Can Take to Strengthen Their Burn Pit Claims

  1. Document Your Exposure: If you were stationed near burn pits, keep a detailed personal record of your exposure. Include dates, locations, and any symptoms experienced.
  2. Seek Medical Evaluation: Regular health check-ups and documenting any conditions related to burn pit exposure are crucial. Ensure these records are updated and accurately reflect your exposure history.
  3. Consult a VA Disability Lawyer: Navigating burn pit claims can be complex, especially with incomplete exposure records. A lawyer specializing in VA disability claims can provide valuable assistance in gathering evidence and filing your claim.
  4. Utilize VA Resources: The VA offers various resources and support for veterans dealing with burn pit exposure. Utilize these services to understand your rights and the benefits available under the PACT Act.

Revisions to DOD Policy on Burn Pit Monitoring

The report recommends changing the DOD’s policy. Commanders should report any burn pits within approximately 2.5 miles of American military sites. This policy update aims to ensure that all burn pit exposures are tracked and recorded. This will improve the accuracy of health records and the effectiveness of VA disability claims.

Tucker Disability Law: Helping Veterans Nationwide

Veterans who have applied for disability and had their claim denied have a right to file an appeal.

Veterans with preexisting conditions made worse by their time in service, or who develop service-connected disabilities, may also apply for benefits. If you feel that you qualify for a claim, don’t delay; contact us immediately.

You may be one of the thousands of veterans frustrated because you feel you have been underrated by the VA or that upcoming changes will cause you to be underrated.

Tucker Disability Law has helped veterans in every kind of situation for over 30 years. We can help you too. Contact us so we can discuss your specific situation and make sure you’re getting the benefits you deserve. If you have any condition likely related to burn pit exposure, don’t hesitate to contact us. We’re here to help with your claim, whether it involves filing an initial claim or appealing one that’s been denied.

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