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Under the new 2022 Burn Pit Exposure law, many asbestos-related illnesses caused by asbestos exposure while serving in the military can be compensated through the Veterans Affairs disability program. 
If you have questions about discapacidad de veteranos, enfermedades relacionadas con el asbesto, exposure while in service and compensation, get in touch with an abogado de asbesto to understand your rights. 

Asbestos Exposure and the 2022 Burn Pit Compensation Law for U.S. Military Veterans

When stationed overseas, the military has to determine how to dispose of all kinds of garbage and waste without norms like biweekly garbage pickup that we are afforded at home.  For a long time (think: over 20 years) the military solved this problem by creating and maintaining burn pits. 

What is a burn pit?

A burn pit is a large, open-air area used by the military to burn hazardous and toxic waste, mostly throughout Iraq and Afghanistan, but in a few other countries as well.  It was a common practice, and anything you can think of would have been included; items like food, medical and human waste, discarded uniforms, batteries, tires, mail, paint cans, plastics, rubber, chemicals, and even asbestos were burned in tandem. 

In a 2019 interview with WFAA, the military’s chief environmental engineer for Afghanistan and Iraq, Dr. Daniel Brewer, stated “…he saw asbestos, hazardous waste, medical waste and more being incinerated in these open landfills.” 

The dangers of toxic exposure from military burn pits may affect many veterans.

This may sound like more of an environmental concern than an individual one, but in fact, the smoke from these burn pits was highly toxic and dangerous to breathe in.  We know that asbestos exposure alone is proven to lead to multiple types of illnesses and diseases.  Add asbestos to a cocktail of other materials, and the resulting smoke is anything but safe to inhale.

DAV, a nonprofit charity that supports veterans, helped illuminate research about the hazards of burn pit exposure in 2007. Around 2010, the military finally stopped using most burn pits overseas (some remain to be closed).  In 2013, the Airborne Hazards and Open Burn Pit Registry (AHOBPR) through the VA was formed.  The registry is meant to keep track of any and all military veterans that were exposed to burn pits and other airborne hazards during their deployments. To be eligible to register, the VA states that you must have been deployed to “the Southwest Asia theater of operations or Egypt any time after August 2, 1990 or Afghanistan, Djibouti, Syria, or Uzbekistan on or after September 11, 2001.”  El sitio web also makes the important distinction that you do not have to have specific health concerns to participate in the registry.

The Department of Veterans Affairs (VA) and burn pit legislation for asbestos exposure

As a refresher, the VA is the acronym used for the U.S. Department of Veterans Affairs.  This is the area of the government dedicated to providing benefits and aid for veterans, and the Veterans Health Administration is operated by the VA.  Injured veterans can claim disability benefit payments through the VA if they are deemed eligible, and all enrolled veterans, regardless of injury status, can utilize the VA’s system of doctors and hospitals for medical care.

Another organization dedicated to supporting veterans, the Iraq and Afghanistan Veterans of America (IAVA), surveyed its members in 2020 and found that:

  • 86% were exposed to burn pits,
  • 88% of members believed they may already be experiencing adverse health symptoms from their exposure, and
  • Only 53% of exposed members registered in the burn pit registry.

VA research on veterans’ health problems connected to burn pit toxic exposure

In April 2015, the VA reported on the responses of AHOBP members to its questionnaire. The report found:

  • 96% of survey respondents reported that they were close enough to a burn pit to see smoke during at least one deployment,
  • 62% of participants said their duties while deployed involved the burn pit in some way (such as burning or hauling trash, working security for the pit, or sorting waste and trash to be burned) and
  • Veterans exposed to burn pits were more likely to have served in the Army or Marines than the Air Force or Navy.

What types of diseases are veterans suffering from after burn pit exposure?

High blood pressure, pulmonary and respiratory diseases, and cancers are among the types of illnesses commonly reported by veterans after burn pit exposure.  In 2020, one study into burn pit exposure even found a connection with rheumatoid arthritis.  Some of these conditions, namely, respiratory cancer(s) and disease, are the same types of diseases caused by asbestos exposure.  And we know that in many cases, asbestos was among the materials burned in the burn pits.

According to the Department of Defense, approximately 3.5 million troops “from recent wars may have suffered enough exposure to the smoke [of burn pits] to cause health problems.”  Senator John Moran of Kansas, a member of the Senate Veterans Affairs Committee, has stated per CNN that the VA has denied “approximately 70% of veterans’ burn pit claims since 9/11” – that is no small number of claims.  Just imagine 70% of those 3.5 million troops referenced by the DOD filing claims which would be denied by the VA.  That’s about 2.4 million troops that would not receive compensation for their injuries.

So, we know what burn pits were and why they were used. But what is being done to help veterans exposed to them?

Help and compensation is now available for veterans exposed to toxic chemicals in burn pits.

 In April, the VA added 9 additional, rare, respiratory cancers, as well as 3 additional “presumptive conditions” that can qualify veterans for payment.  In June, the Senate passed legislation (called the Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022) to expand healthcare access to the millions of veterans exposed to toxic burn pits.  If it became law, the bill would increase healthcare coverage from 5 years after exposure to 10 years, allowing more time for any potential veterans’ symptoms to develop and be diagnosed.  It also would add 23 more illnesses to the eligible list for compensation due to burn pit exposure.  It was called a “life saving bill” by the Senators who wrote it, and the President has already stated he will sign it.  

Even though it initially passed, the bill needed to be reviewed again; when a procedural vote was held in the Senate in July, it did not move forward, causing great concern among veteran’s whose lives are at stake while elected officials bickered over specifics of the bill.  Eventually, veterans camped out in Washington, D.C. to remind our elected officials to focus on the issue at hand.

Image Asbestos veterans article body

Is there good news for veterans injured by toxic exposure from burn pits?

Fortunately, the answer is yes.  On August 2, 2022, the bill was passed with an 86-11 vote.  It marks the largest healthcare expansion for veterans in 3 decades.  A much needed expansion, as IAVA adviser and Army Reserves Major Matt Zeller told CNN that many veterans were taking out additional mortgages on their homes in order to afford their medical care.  

Besides providing access to healthcare for more than roughly 3.5 million veterans, the bill also “removes the burden of proof,” meaning that veterans who were deployed to designated areas during a specific time frame will automatically be eligible for compensation. 

Veterans have made enormous sacrifices for us all, and we should take care of them without getting hung up on politics.  Ensuring they receive the appropriate care and compensation for their illnesses is paramount.  Deployed service members face many risks, especially during times of war, but they don’t expect those risks to follow them home.  That is why legislation like the PACT Act is so important.

AsbestosClaims.Law

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Si tiene preguntas o inquietudes adicionales relacionadas con el asbesto, visite nuestro sitio web y página de YouTube para ver videos, infografías y respuestas a sus preguntas sobre el asbesto, incluida la salud y la seguridad, prueba de asbesto, la eliminación del asbesto de su hogar y edificio, y información legal sobre la compensación por lesiones de asbesto.

Y si cree que estuvo expuesto al asbesto, o le han diagnosticado una enfermedad relacionada con el asbesto, podría tener derecho a compensación significativa: dinero que podría usar para cubrir los costos de los servicios de eliminación de asbesto, pagar el tratamiento médico y proteger de forma preventiva su bienestar físico. 

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Fuentes:

https://www.cnn.com/2022/07/27/politics/senate-burn-pit-bill-fails/index.html
https://www.cnn.com/2022/06/16/politics/senate-vote-burn-pits-veterans/index.html
https://www.cnn.com/2022/02/20/politics/senate-burn-pit-bill/index.html
https://www.cnn.com/2022/08/01/politics/veteran-burn-pits-what-matters/index.html
https://www.cnn.com/2022/08/02/politics/senate-vote-burn-pits/index.html
https://www.militarytimes.com/news/burn-pits/2022/07/30/vets-holding-around-the-clock-protest-outside-capitol-to-push-for-new-toxic-exposure-bill/
https://iava.org/survey2020/
https://www.va.gov/health/
https://veteran.mobilehealth.va.gov/AHBurnPitRegistry/#page/home
https://veteran.mobilehealth.va.gov/AHBurnPitRegistry/#page/home
https://www.publichealth.va.gov/docs/exposures/va-ahobp-registry-data-report-april2015.pdf
https://blogs.va.gov/VAntage/102843/nine-new-cancers-added-to-the-presumed-service-connected-list-related-to-particulate-matter/
https://www.tribtoday.com/news/local-news/2020/02/nation-ignores-burn-pits-that-cause-rare-cancer/
https://www.tribtoday.com/news/local-news/2020/02/nation-ignores-burn-pits-that-cause-rare-cancer/
https://www.wfaa.com/article/news/local/what-are-military-burn-pits-explaining-a-key-aspect-of-president-bidens-visit-to-north-texas-iraq-afghanistan/287-0e534f85-613e-432e-bee2-168e6a82770a
https://www.nbcnews.com/health/health-news/burn-pits-veterans-healthcare-risks-cancers-respiratory-illness-rcna40669
https://www.publichealth.va.gov/exposures/burnpits/#:~:text=The%20new%20presumptive%20conditions%20are,your%20separation%20from%20active%20service