VetXL Q&A Chat: Environmental Exposures and Burn Pits

Good question. My impression is Vietnam burn pits have not been addressed. In reality Vietnam era pits likely contained, in addition to Agent Orange, many more hazardous substances compared to those in South-West Asia Operations because during the decades that separate the two areas of operations the use of many substances were discontinued or outright banned due to emerging awareness of their danger. For example DDT was banned in the early 1970's.
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The PACT Act legislation regarding burn pits is specifically aimed at the Southwest Asia Theater of Operations and does not include other locations. VA encourages Veterans who feel that their health was negatively impacted by their military service to submit a claim. Thank you for your question and your service.

Thank you for your service and for your question Mr. Von Hatten. Vietnam is not included as a location for presumptive conditions related to burn pit exposure under PACT Act. However, if you believe that you have a condition that is related to exposure to burn pits or other toxins, you are encouraged to file a claim.

Thank you for your service and for your question Petty Officer Mabry. The VA Schedule for Rating Disabilities is published here: https://www.ecfr.gov/current/title-38/chapter-I/part-4 you can find the rating criteria for sarcoidosis there. If you feel that there are secondary conditions related to your initial diagnosis of sarcoidosis, you can file a claim for those conditions at va.gov.

Thank you for your question. Civilians are covered by Worker's Compensation through an employer. The Department of Labor manages this program. .

The PACT Act is specific to Veterans serving in one of the locations on active military duty. If you were a civilian employee you would need to file with your employer or Department of Labor.

No. The PACT Act makes you eligible for illnesses you have been diagnosed with that were not previously covered, such as lung cancer. It does not increase percentages for previously diagnosed illnesses that you are currently rated for.

Once service connection is granted for a diagnosed disability, the severity of that condition is determined considering all current medical evidence to include but not limited to a VA compensation and pension examination or privately completed disability benefits questionnaire, treatment records, private medical records and any information provided by the Veteran. The only way for that disability evaluation to increase is with medical evidence supporting that the condition has worsened. If you feel your condition has increased in severity we encourage you to file a claim for an increased evaluation at va.gov.

Same here with Titan II but I have essential tremors now and I believe it is caused by the same chemical (trihloroethylene (TCE) I used to clean missile parts.

You need to be diagnosed with sinusitis by a Doctor. The maximum rating is 50% and to reach this percentage you need to have had "Radical surgery for sinusitis with chronic osteomyelitis". A 10% rating is awarded if "sinusitis is manifested in one or two
incapacitating episodes annually and requires prolonged care for 4-6 weeks." Most VA sinusitis diagnoses are rated at 0% due to these high bars.

Anytime you have a medical condition which you believe was caused by or worsened by events that occurred in service, you should file a claim for service connection. If the condition is not one established by the law as presumptive, you can still become service connected for that condition if a medical opinion linking the condition to the events in service or treatment during service is obtained. If you provide a supported opinion from your medical provider linking your current diagnosed, chronic sinus conditions to the exposure to that chemical during service and can provide evidence of the exposure, your claim would likely be supported. You can file that claim via the va.gov website, through an accredited representative or by making an appointment to speak with VBA at VERA - Home (force.com).

The PACT Act legislation regarding burn pits is specifically aimed at the Southwest Asia Theater of Operations and does not include other locations. VA encourages Veterans who feel that their health was negatively impacted by their military service to submit a claim. Thank you for your question and your service.

The VA diagnosed you with Sinusitis and Rhinitis. To get rated for Rhinitis, you need to have been diagnosed with Sinusitis. So you're good there.

But the rating percentages you get for Rhinitis are 0%, 10%, or 30% only. To receive a 30% rating for Rhinitis, you need to have documented Polyps growth that completely obstructs the nasal passage, obstruction of one nasal passage is rated at 10%. Anything less is rated at 0%. So you have a 0% rating as the Doctor said you don't have Polyps that obstruct your passageway.

The PACT Act is not all that is made out to be for veterans like you with your current illnesses. Why?
Because you already got a 30% rating for Sinusitis which means you at least suffer from; "Three or more incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) treatment". This is official VA verbiage.

A 30% rating for Sinusitis is good, the highest rating you can get for Sinusitis is 50% and that requires "Radical Surgery" "Radical Surgery" is also official VA verbiage for Sinusitis.

And this is where it gets tricky, you hear all this info on the PACT Act so you decide to get re-examined by the VA to see if you qualify for more benefits.

On the next examination, the Doctor says, yep- you still suffer from Sinusitis, but considers your treatment to deal with it is only three weeks long and not four weeks . Remember the official VA criteria for a 30% rating for Sinusitis is, "Three or more incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) treatment".

The VA will then lower your rating. Yes, the VA increases ratings, but also decreases as well.

Thank you

For conditions that overlap resulting in the same symptoms, separate and independent evaluations cannot be assigned under the law. As sinusitis and rhinitis share the same symptom pattern, the conditions cannot be assigned separate evaluations and are considered separate and although both are service connected, only one can be assigned a compensable evaluation. If you develop separate and independent symptoms you can file a new claim for an increased evaluation to address these symptoms for a potentially increased evaluation.

I too have Parkinsonism and essential tremors. I was exposed to Agent Orange, but my claim was denied. I’ll be interested in hearing how they answer your question.

Thanks your service and question. A list of presumptive illnesses related to Agent Orange can be found here: https://www.publichealth.va.gov/exposures/agentorange/conditions/index.asp Please note that essential tremors are not related to Parkinsonism.

Veterans should apply directly to VA or through accredited Veterans Service Organizations if they think they’re entitled to VA benefits. Applications can be submitted in person at any Regional Office or online a va.gov. There’s no cost for the forms and no fees to apply.  

VA will never charge Veterans for processing a claim or request a processing fee. Veterans should be cautious of anyone who guarantees VA will award a lucrative financial benefit or service. To report suspected fraudulent activity, please contact OIG at  [login to see]  or Call: [login to see] .  

Unfortunately we cannot speak to the specific details of your claim in this public forum due to privacy restrictions. However, for Parkinson's disease or Parkinsonism to be service connected, there must first be a diagnosis. Prior to the passage of Public Law 116-283, the William M. (Mac) Thornberry National Defense Authorization Act, only Parkinson's Disease was considered a presumptive condition under the law for Agent Orange exposure. However, this law added Parkinsonism as a presumptive condition to herbicide exposure in Vietnam. Stroke and aneurysm are not considered presumptive conditions for herbicide exposure or under the PACT Act, however, if you feel these conditions are related to your in service exposure, you can provide new evidence for a reconsideration of your claim at any time.

The PACT Act does include benefits expansion for Vietnam-era Veterans. PACT Act adds two new conditions and five new locations as presumptive to exposure to Agent Orange. Each Veteran's claim is unique, and while we cannot speak to your specific claim situation in this forum due to privacy issues, polyneuropathy early onset is considered an Agent Orange presumption. For more information see https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/

Thank you for service and question. Polyneuropathy, a condition that causes numbness, tingling, and motor weakness, under VA's rating regulations, it must be at least 10 percent disabling and occur within one year of herbicide exposure. Late onset polyneuropathy is de to other causes such as diabetes or back problems. Congress added two presumptions for Agent Orange: MGUS and hypertension. Bladder, cancer, hypothyroid and Parkinsonism wer added last year. Please see: https://www.publichealth.va.gov/exposures/agentorange/conditions/index.asp for more information.

As part of the PACT Act in Section 111, there is a part of the law which states, "With respect to a veteran described in paragraph (1)(D) who was discharged or released from the active military, naval, air, or space service after September 11, 2001, and before October 1, 2013, but did not enroll to receive such hospital care, medical services, or nursing home care under such paragraph pursuant to subparagraph (A) before October 1, 2022, the one-year period beginning on October 1, 2022.’’ VA encourages Veterans who feel that their health was negatively impacted by their military service to submit a claim. Thank you for your question and your service.

The PACT Act added chronic sinusitis and asthma that was diagnosed after service as presumptive conditions based on exposure for Veterans who served in certain locations, to include Iraq. There is no restriction or rule on the time frame for eligibility after discharge. If you believe that you have a condition that is related to exposure to toxins, you are encouraged to file a claim now.

Thanks for your question and service. There are new rules on Thailand Veterans - if you have an Agent Orange presumption condition we advise you to file claim. You can find more information here: https://www.publichealth.va.gov/exposures/agentorange/locations/index.asp

The PACT Act added any U.S. or Royal Thai military base in Thailand from January 6, 1962, through June 30, 1976, as presumptive locations for exposure to Agent Orange. While "respiratory problems" is not a condition in it of itself, if you believe that you have a condition that is related to exposure to Agent Orange, you are encouraged to file a claim now.