VetXL Q&A Chat: Environmental Exposures and Burn Pits

The PACT Act specifies presumptive locations and periods of service for Veterans exposed to toxins. If you were not deployed to one of those specific locations during the periods of service indicated, in order to establish entitlement to service-connected compensation there must be (1) evidence of an in-service event, (2) evidence of a current disability and (3) a link between the two. When VA recognizes a condition to be presumptively related to an in-service event, the presumption establishes the needed link. This means VA grants on a presumptive basis if you meet the criteria of the in-service event and have a diagnosed condition recognized to be related to that in-service event.
When a Veteran files a claim for a condition that is not an established presumptive for a location not identified in the PACT Act, VA would follow the same procedure of obtaining and reviewing evidence. However, this may also include requesting a medical opinion in conjunction with the exam request, to help determine if the current diagnosed condition is associated with the claimed in-service event.

Thank you for advocating for you First Sergeants' spouse. VA has not found any diseases linked to service at Edgewood Arsenal. We would encourage the spouse to talk with a VSO or VA benefits expert to advise her on options. The spouse may eligible for a survivor's claim. Thank you for your service to the Nation.

The PACT Act specifies the locations and timeframe for burn pit presumptions. The legislation states: "on or after August 2, 1990, performed active military, naval, air, or space service while assigned to a duty station in, including airspace above—
"(i) Bahrain;"(ii) Iraq; "(iii) Kuwait;"(iv) Oman;"(v) Qatar;"(vi) Saudi Arabia;"(vii) Somalia; or"(viii) United Arab Emirates; or
"(B) on or after September 11, 2001, performed active military, naval, air, or space service while assigned to
a duty station in, including airspace above—"(i) Afghanistan;"(ii) Djibouti;"(iii) Egypt;"(iv) Jordan;"(v) Lebanon;"(vi) Syria;
"(vii) Yemen;"(viii) Uzbekistan; or"(ix) any other country determined relevant by the Secretary. VA encourages any Veteran who believes that military services has negatively impacted their health to submit a claim for review on a case-by-case basis. Thank you for writing and we hope you health remains good.

If you served in any of the following locations and time periods, VA has determined you had exposure to burn pits or other toxins. This is having a presumption of exposure. On or after September 11, 2001, in any of these locations: Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, Yemen, and the airspace above any of these locations. On or after August 2, 1990, in any of these locations: Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, The United Arab Emirates (UAE), and the airspace above any of these locations. You are encouraged to visit VA’s PACT Act website at https://www.va.gov/resources/the-pact-act-and-your-va-benefits/. You can utilize links on the site to submit claims, and address any questions to maximize your entitlement related to the act’s recent passage.

 

Thank your for serving our nation. Though you do not mention a specific illness, VA encourages any Veteran who believes that military service has caused a condition that has negatively affected their health to submit a claim. The presence of Agent Orange on Okinawa has been stated by individuals, but is unsupported by evidence in many reviews. The Department of Defense (DoD) logs and manifests have no indication that tactical herbicides, including Agent Orange, were transported, stored, disposed of or used on Okinawa. DoD recently did another independent review at the request of Congress and did not find Agent Orange or other tactical herbicides on Okinawa. Regarding your concern about being able to register for the Airborne Hazards and Open Burn Pit (AHOBP) Registry, there is no link between the AHOBP Registry and a Veteran Benefits Administration (VBA) claim. The AHOBP Registry is used for research. The VBA claims process reviews non-presumption conditions on a case-by-case basis.

The PACT Act specifies presumptive locations and periods of service for Veterans exposed to toxins. If you were not deployed to one of those specific locations during the periods of service indicated, in order to establish entitlement to service-connected compensation there must be (1) evidence of an in-service event, (2) evidence of a current disability and (3) a link between the two. When VA recognizes a condition to be presumptively related to an in-service event, the presumption establishes the needed link. This means VA grants on a presumptive basis if you meet the criteria of the in-service event and have a diagnosed condition recognized to be related to that in-service event.
When a Veteran files a claim for a condition that is not an established presumptive for a location not identified in the PACT Act, VA would follow the same procedure of obtaining and reviewing evidence. However, this may also include requesting a medical opinion in conjunction with the exam request, to help determine if the current diagnosed condition is associated with the claimed in-service event.

Thanks your service and question. There is no specific for flights through the oil well fires. In most cases air coming into planes such as C-130s is filtered. Factors such and your time on the ground in Kuwait or proximity to other airborne hazards may be considerations. It is unlikely that a short term exposure like flying through an oil well fire plume would lead to health effects. VA encourages you to discuss any concerns with your healthcare provider.

If you served in any of the following locations and time periods, VA has determined you had exposure to burn pits or other toxins. This is having a presumption of exposure. On or after September 11, 2001, in any of these locations: Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, Yemen, and the airspace above any of these locations. On or after August 2, 1990, in any of these locations: Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, The United Arab Emirates (UAE), and the airspace above any of these locations. Veterans and their dependents are encouraged to visit VA’s PACT Act website at https://www.va.gov/resources/the-pact-act-and-your-va-benefits/. Veterans can utilize links on the site to submit claims, and address any questions to maximize their entitlement related to the act’s recent passage. 

You are doing the exact right thing; seeing your healthcare provider and monitoring your health. If you develop one of the 19 Agent Orange presumptions (https://www.publichealth.va.gov/exposures/agentorange/conditions/index.asp) or 8 Camp Lejeune presumptions (https://www.publichealth.va.gov/exposures/camp-lejeune/index.asp) VA encourages you to file a claim. Thanks your service and question.

If you develop a presumptive condition related to Agent Orange exposure or contaminated water at Camp LeJeune, you are encouraged to file a claim, but many Veterans never develop these conditions. Veterans and their dependents are encouraged to visit VA’s PACT Act website at https://www.va.gov/resources/the-pact-act-and-your-va-benefits/. Veterans can utilize links on the site to submit claims, and address any questions to maximize their entitlement related to the act’s recent passage. Information on VA’s established presumptive conditions for Veterans exposed to contaminated water at MCB Camp Lejeune is available on the website at https://www.va.gov/disability/eligibility/hazardous-materials-exposure/camp-lejeune-water-contamination/. For more information of the service requirements for Agent Orange exposure, see Agent Orange Exposure And VA Disability Compensation | Veterans Affairs.

The PACT Act will not affect your claim for exposure to the water at Camp LeJeune.

Thanks your service and question. Section 804 of the PACT Act pertains to Camp Lejeune. This This section may be cited as the "Camp Lejeune Justice Act of 2022’’. This legislation specifies that suits against the federal government are for actions filed prior to this law. It is important to note that as stated in the legislation " (2) HEALTH AND DISABILITY BENEFITS RELATING TO WATER EXPOSURE.—Any award made to an individual, or legal representative of an individual, under this section shall be offset by the amount of any disability award, payment, or benefit provided to the individual, or legal representative— under—
(i) any program under the laws administered by the Secretary of Veterans Affairs;
(ii) the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or
(iii) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and
(B) in connection with health care or a disability relating to exposure to the water at Camp Lejeune."
VA would recommend you speak with a VSO or VA benefits expert knowledgeable about Camp Lejeune legislation prior to any decision as this could have implications for VA benefits.