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8 min read
By Lukas Simianer

Burn Pits Toxic Exposure: VA Disability Benefits & How to File

burn-pitstoxic-exposureva-benefitspresumptive-conditions

Veterans exposed to burn pits during military service in Iraq, Afghanistan, and other locations may be eligible for VA benefits for conditions caused by the toxic smoke exposure. The VA now recognizes burn pit exposure as a significant health hazard and provides presumptive service-connected benefits for certain conditions.

What Are Burn Pits?

Burn pits were large open-air burns used at military bases to dispose of waste materials including:

  • Plastics, rubber, and metal
  • Chemicals and petroleum products
  • Medical waste and human waste
  • Ammunition and ordnance
  • Electronics and batteries

Exposure to the toxic smoke from these burn pits has been linked to serious respiratory diseases, cancers, and other health conditions. Thousands of veterans reported respiratory symptoms, lung disease, and other illnesses after exposure.

Who Is Eligible for Burn Pit Benefits?

You're eligible for burn pit presumptive benefits if you:

  • Served in Operation Iraqi Freedom, Operation Enduring Freedom, or Operation New Dawn (Iraq, Afghanistan, Djibouti, Syria, Yemen, Uzbekistan)
  • Were stationed at locations with burn pits or open-air burn operations
  • Have a diagnosed condition listed as presumptive for burn pit exposure

Important: Even if you weren't directly working at the burn pit, if you were at a base where burn pits operated, you may be eligible.

Burn Pit Presumptive Conditions

The VA recognizes these conditions as presumptively service-connected for burn pit exposure:

Respiratory Conditions

  • Asthma (diagnosed after military service)
  • Chronic obstructive pulmonary disease (COPD)
  • Interstitial lung disease
  • Lung cancer
  • Pulmonary fibrosis
  • Bronchitis or obstructive airway disease

Other Conditions

  • Cancer (various types linked to chemical exposure)
  • Constrictive bronchiolitis
  • Granulomatous disease (including sarcoidosis)
  • Emphysema

How to File a Burn Pit Claim

Step 1: Gather Service Documentation

Obtain evidence of your service in burn pit locations:

  • Your DD-214 showing your unit and duty station
  • Service records documenting deployment to affected location
  • Medical records from during or after your service
  • Photographs or documentation if available

Step 2: Get Medical Diagnosis

You must have a current medical diagnosis of a presumptive condition:

  • See VA doctor or private provider
  • Get formal diagnosis documented
  • Request diagnosis in writing from provider
  • Keep copies of all medical records

Step 3: File Your Claim

File using VA Form 21-526EZ (Application for Disability Compensation):

Online (recommended):

  • Go to VA.gov
  • Click "File claim for benefits"
  • Complete the form with deployment information
  • Fastest processing method

By mail:

  • Complete VA Form 21-526EZ
  • Mail to your VA regional office
  • Include copy of DD-214
  • Include medical documentation of diagnosis

In person:

  • Visit VA regional office
  • Bring DD-214 and medical records
  • VSO representative can help with filing

Step 4: VA Reviews and Decides

Timeline:

  • Initial review: 2-4 weeks (verify service and location)
  • Medical review: 2-4 weeks (confirm diagnosis)
  • Rating decision: 4-8 weeks total

What VA checks:

  • Service dates and deployment verification
  • Whether you served at burn pit location
  • Current diagnosis of presumptive condition
  • Your disability rating determination

Burn Pit Disability Ratings

Presumptive conditions are rated based on severity using VA rating criteria.

Respiratory Condition Ratings

COPD/Emphysema Examples:

  • Mild symptoms: 10-20%
  • Moderate symptoms with functional limitation: 30-40%
  • Severe limitation on exertion: 50-60%
  • Cannot perform occupational duty: 70-100%

Lung Cancer:

  • During active treatment (chemotherapy, radiation): 100%
  • After treatment in remission: 20-50% depending on complications
  • Metastatic or recurring: Can remain at 100%

Example: Burn Pit COPD Claim

Service: 2009-2013 in Iraq and Afghanistan at bases with burn pits Diagnosis: COPD diagnosed 2018 Symptoms: Shortness of breath with activity, chronic cough, limited exercise tolerance

Rating Determination:

  • Service connection granted: COPD presumptively service-connected to burn pit exposure
  • Current severity: 40% (moderate functional limitation)
  • Monthly benefits: $800/month

Retroactive Benefits:

  • If claim filed in 2024, retroactive to 2018 diagnosis = 6 years of back pay
  • 6 years × $9,600/year = $57,600 in retroactive benefits

Processing Timeline for Burn Pit Claims

From Diagnosis to Decision

Most veterans receive rating decisions 4-8 weeks after filing.

Processing Steps

  • File claim on VA.gov
  • Initial eligibility review (2-4 weeks)
  • Medical review of diagnosis (2-4 weeks)
  • Rating determination (final decision)
  • Payment processing (30 days after decision)

Faster Processing Tips

  • File online (fastest method)
  • Include all requested documentation upfront
  • Provide clear military service documentation
  • Include current medical diagnosis
  • Follow up with regional office if delayed

Burn Pit vs. Other Exposure Routes

Veterans may qualify for burn pit benefits through multiple exposure pathways:

  • Direct burn pit exposure: At the burn pit location
  • Base-wide exposure: Stationed where burn pits operated
  • Respiratory equipment exposure: Using equipment near burn pits
  • Smoke inhalation: Breathing contaminated air at base

All these count as burn pit exposure for presumptive benefits purposes.

Secondary Conditions from Burn Pit Exposure

If you have a primary burn pit condition, you can claim secondary conditions that develop from it.

Common Secondary Conditions

  • Depression/anxiety (from chronic lung disease)
  • Sleep apnea (related to respiratory disease)
  • Cor pulmonale (heart disease from lung disease)
  • Degenerative joint disease (from compensatory movement patterns)
  • Headaches (related to oxygen deprivation)

Filing secondary conditions:

  • File Supplemental Claim for each secondary condition
  • Provide medical evidence linking it to primary burn pit condition
  • Many secondary conditions can significantly increase overall rating

What If You Don't Receive Presumptive Benefits?

If your condition isn't on the presumptive list but you believe it's related to burn pit exposure:

You can still claim it:

  • File regular disability claim
  • Provide medical evidence of the connection
  • Your treating physician can provide nexus letter
  • Need to prove "at least as likely as not" that exposure caused condition

These often succeed even without presumptive status if medical evidence is strong.

Common Burn Pit Questions

Do I need to prove the burn pit caused my disease?

No. Presumptive conditions don't require proof of causation. Service at location with burn pits + diagnosis = presumptive service connection.

How far back can I get retroactive benefits?

Back to your diagnosis date. If diagnosed in 2015 but filed in 2024 = 9 years of back pay possible.

Example: COPD diagnosed 2016, filed 2024, 50% rating

  • 8 years × $11,500/year = $92,000 in retroactive benefits

Can I claim multiple burn pit conditions?

Yes. If you have multiple burn pit presumptive conditions, they're combined using VA rating formula. Total rating can be quite high.

What if I served at multiple burn pit locations?

Doesn't matter. Any service at any burn pit location qualifies you for presumptive benefits.

My records are incomplete—can I still file?

Yes. The VA has its own records. You can file based on:

  • Your testimony of service location
  • DD-214
  • Buddy statements
  • VA's own personnel records

Filing Tips for Burn Pit Claims

Do this:

  • ✓ File as soon as possible (retroactive benefits accumulate)
  • ✓ Get medical diagnosis documented clearly
  • ✓ Gather any burn pit exposure documentation
  • ✓ Use VA.gov to file (fastest processing)
  • ✓ Work with VSO representative (they're familiar with burn pit claims)
  • ✓ Request copies of everything you submit

Don't do this:

  • ✗ Wait until you're completely certain about diagnosis
  • ✗ Assume you're not eligible without checking
  • ✗ Delay filing thinking there's no rush
  • ✗ Try to prove burn pit caused your disease (it's presumptive)
  • ✗ Fail to submit medical documentation

Key Takeaways

Presumptive conditions don't require proof of causation ✓ Respiratory diseases are main burn pit conditions ✓ Eligible if you served at locations with burn pit operations ✓ Multiple locations qualify: Any burn pit exposure counts ✓ Retroactive benefits can span years ✓ Fast processing: Usually 4-8 weeks from filing to decision ✓ File online at VA.gov for quickest processing ✓ Secondary conditions can increase your rating further ✓ No nexus letter needed for presumptive conditions ✓ Thousands of veterans still haven't filed for these benefits