Wardell Law Firm | VA DIVISION
Burn Pit Exposure
Am I Eligible for VA Disability Compensation?
You may be eligible for disability compensation if you meet these 3 requirements.
All of these must be true:
You have a diagnosed illness or other health condition that’s caused by exposure to a specific toxic hazard in the air, soil, or water, and
You served on active duty in a location that exposed you to the hazard, and
You didn’t receive a dishonorable discharge
Here are some ways you may have had exposure to specific environmental hazards:
Burn pits and other toxic exposures in Afghanistan, Iraq, and certain other areas
A large sulfur fire at Mishraq State Sulfur Mine near Mosul, Iraq
Hexavalent chromium at the Qarmat Ali water treatment plant in Basra, Iraq
Pollutants from a waste incinerator near the Naval Air Facility at Atsugi, Japan
Note: Getting a disability rating may also make you eligible for VA health care and other benefits.
Please review our Fequently Asked Questons or “FAQ” section on the right to learn more about what conditions the VA has determined are connected to burn pit and other toxins in Afghanistan, Iraq, and certain other areas.
Let Our Appeals Team Help Fight for the Benefits you Deserve!
CONTACT US TODAY FOR A FREE CONSULTATION
Please use the form below to tell us about your unique case. To help us best serve your inquiry, we recommend that you first describe the issue you’re having before telling us what you want to achieve. Please be as detailed as possible when describing your case.
Our general response time on form submissions is one business day or less. Also, feel free to call us directly at 813-387-3333 or reach us via email at info@wardelllaw.com to make an appointment.
“FAQ” Frequently Asked Questions.
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To get a VA disability rating, your disability must connect to your military service. For many health conditions, you need to prove that your service caused your condition.
But for some conditions, the VA will automatically assume (or “presume”) that your service caused your condition. The VA calls these “presumptive conditions.”
The VA considers a condition presumptive when it’s established by law or regulation.
If you have a presumptive condition, you don’t need to prove that your service caused the condition. You only need to meet the service requirements for the presumption.
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The VA has added more than 20 burn pit and other toxic exposure presumptive conditions based on the PACT Act. The full name of the law is the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022. This change expands benefits for Gulf War era and post-9/11 Veterans.
These cancers are now presumptive
Brain cancer
Gastrointestinal cancer of any type
Glioblastoma
Head cancer of any type
Kidney cancer
Lymphoma of any type
Melanoma
Neck cancer of any type
Pancreatic cancer
Reproductive cancer of any type
Respiratory cancer of any type
Learn more about presumptive cancers related to burn pits
These illnesses are now presumptive
Asthma that was diagnosed after service
Chronic bronchitis
Chronic obstructive pulmonary disease (COPD)
Chronic rhinitis
Chronic sinusitis
Constrictive bronchiolitis or obliterative bronchiolitis
Emphysema
Granulomatous disease
Interstitial lung disease (ILD)
Pleuritis
Pulmonary fibrosis
Sarcoidosis
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If you served in any of these locations and time periods, the VA has determined that you had exposure to burn pits or other toxins. THe VA calls this having a presumption of exposure.
► On or after September 11, 2001
If you served in any of these locations on or after September 11, 2001, you have a presumption of exposure to burn pits or other toxins.
Afghanistan
Djibouti
Egypt
Jordan
Lebanon
Syria
Uzbekistan
Yemen
The airspace above any of these locations
► On or after August 2, 1990
If you served in any of these locations on or after August 2, 1990, you have a presumption of exposure to burn pits or other toxins.
Bahrain
Iraq
Kuwait
Oman
Qatar
Saudi Arabia
Somalia
United Arab Emirates (UAE)
The airspace above any of these locations
► If you served in any of these locations on or after August 2, 1990, you have a presumption of exposure to burn pits or other toxins.
Arabian Sea
Gulf of Aden
Gulf of Oman
Neutral zone between Iraq/Saudi Arabia
Persian Gulf
Red Sea
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You can still apply for disability compensation. If your condition or service location isn’t listed here, you’ll need to submit more evidence to show how your condition connects to your service.
CLICK HERE - To Learn more about what evidence you’ll need to submit
“FAQ’s” About Filing your Claim for Disability Compensation.
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If you haven’t filed a claim yet for the presumptive condition
You can file a new claim online now. You can also file by mail, in person, or with the help of a trained professional.
CLICK HERE - To File for disability compensation online
Learn about other ways to file a disability compensation claim
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Reach out to the Wardell Law Firm to consult with one of our Certified VA Disability Attorneys. Upon retention, we will help guide you through the process of filing your claim.
805 W. Azeele Street
Tampa, FL 33606
813-387-3333
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You don’t need to do anything. If we added your condition after you filed your claim, we’ll still consider it presumptive. We’ll send you a decision notice when we complete our review.