Military Burn Pit Exposure Lawsuit

Key takeaways:

  • TorHoerman Law is investigating potential lawsuits related to military burn pit exposure (in areas including, but not limited to, Iraq and Afghanistan).

  • The PACT Act, signed into law, provides new benefits to veterans exposed to burn pits. The VA has released a list of health conditions presumed to result from burn pit exposure, including various cancers and respiratory diseases.

  • The VA's Airborne Hazards and Open Burn Pit Registry was established for veterans and military personnel to document their health concerns and exposures to these burn pits, aiding in VA research and creating a database of those potentially affected.

Most Recent Updates:

  • The PACT Act has been signed into law, allowing veterans exposed to burn pits to qualify for new benefits if diagnosed with related health conditions through the VA.

  • The VA has identified health conditions with a "presumptive service connection", implying a direct link between burn pit exposure and the diagnosis of these conditions.

  • The list of conditions includes various types of cancers such as brain, gastrointestinal, and respiratory cancers, as well as non-cancer conditions like asthma, COPD, and pulmonary fibrosis.

At this time, TorHoerman Law is investigating the details surrounding burn pit exposure.

Upon further investigation, we will decide whether to file a military burn pit exposure lawsuit.

If you have questions or inquiries regarding the military burn pit exposure lawsuit, contact TorHoerman Law today and we would be happy to answer to the best of our abilities.

Exposure to burn pits has put members and veterans of the United States military at risk.

At some military bases in Iraq and Afghanistan, burn pits are a common way to get rid of waste at military sites.

Military burn pit exposure has been tied to numerous health problems.

If you or a loved one has potentially been exposed to toxins in a U.S. military burn pit, you could be eligible for legal representation and compensation through a burn pit exposure lawsuit.

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Lawsuit Updates

September 15, 2022

As the PACT Act has been officially signed into law, veterans who were exposed to burn pits during their service and subsequently were diagnosed with related health conditions qualify for new benefits through the Department of Veterans Affairs (VA).

The VA released a list of health conditions with a “presumptive service connection“, meaning that if you were exposed to burn pits and later diagnosed with any of the following conditions, the VA will presume the diagnosis has resulted from burn pit exposure:

Cancers:

  • Brain cancer
  • Gastrointestinal cancer of any type
  • Glioblastoma
  • Head cancer of any type
  • Kidney cancer
  • Lymphatic cancer of any type
  • Lymphoma of any type
  • Melanoma
  • Neck cancer of any type
  • Pancreatic cancer
  • Reproductive cancer of any type
  • Respiratory cancer of any type

Non-cancer:

  • 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

September 15, 2022

What is Burn Pit Exposure?

The term burn pit refers to the sites the United States military uses for open-air trash combustion in Iraq and Afghanistan.

These large-scale burn pit operations are utilized to incinerate tons of pounds of waste every day.

What is Burn Pit Exposure?

This waste includes, but is not limited to:

  • Chemicals
  • Medical and human waste
  • Batteries
  • Plastics
  • Metal and aluminum cans
  • Petroleum and lubricant products
  • Rubber
  • Wood
  • Food
  • And even dead animal remains

Large black plumes of smoke emitted from the pits reportedly hangover military bases.

Members of the military exposed to the smoke from these pits have complained about similar medical problems following their exposure.

Military burn pit exposure has affected hundreds of veterans.

Victims have brought forward disability claims that say exposure to these open-air burn pits has led to numerous respiratory, pulmonary, and neurological problems.

Pressure from victims and their families has forced the Pentagon to restrict the use of burn pits while the Department of Veterans Affairs investigates the adverse effects.

Burn pit exposure could remain a problem today.

In April of 2019, the U.S. Central Command reported that nine burn pits were currently creating toxic smoke.

There are also a reported 13 burn pits with non-hazardous waste, and conditions could change if battlefield conditions are altered.

What are the Symptoms of Burn Pit Exposure?

What are the Symptoms of Burn Pit Exposure?

Military burn pit exposure can affect a person’s:

  • Eyes
  • Skin
  • Gastrointestinal tract
  • Internal organs,
  • Respiratory system
  • Cardiovascular systems

Temporary irritation from toxins in burn pit smoke can include:

  • Skin itches
  • Rashes
  • Eye itchiness and burning
  • Difficulties breathing
  • Throat irritation
  • Coughing

What Diseases are Linked to Burn Pit Exposure?

Reports from the Department of Veterans Affairs have highlighted various conditions and illnesses experienced by military burn pit exposure victims.

The most common health problems diagnosed by medical health professionals were insomnia and other neurological problems.

What Diseases are Linked to Burn Pit Exposure?

The VA report showed additional commonly diagnosed health problems including:

  • Allergies
  • High blood pressure
  • Lung diseases, such as:
    • Emphysema
    • Chronic bronchitis
    • Asthma

The VA also reported that those who were repeatedly exposed to burn pit smoke, those who were in closer proximity to burn pits, and those exposed for long periods of time might be at a greater risk for health problems.

What is the Burn Pit Registry?

The VA’s Airborne Hazards and Open Burn Pit Registry was created so eligible veterans and military personnel could document their health concerns and exposures to military burn pits.

What is the Burn Pit Registry?

The registry is open to those who served in:

  • Operation Enduring Freedom / Operation Iraqi Freedom / Operation New Dawn
  • Djibouti, Africa on or after September 11, 2001
  • Operations Desert Shield or Desert Storm
  • Southwest Asia theater of operations on or after August 2, 1990

The registry aids VA research on exposure to airborne hazards while creating a database of those potentially affected.

Enrollment in the Burn Pit Registry is free, and the questionnaire takes approximately 40 minutes to complete.

As of December 2019, the registry questionnaire has been completed by 190,952 Veterans and service members.

Do I Qualify as a Protected Veteran?

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs established Protected Veteran status in 1974 to ensure veterans are protected from discrimination based on their military service.

This also means that if a veteran suffers a disability during his or her service, reasonable accommodations must be made to allow the veteran to work.

Do I Qualify as a Protected Veteran?

The DOL states that all employers working with the federal government must comply with the regulations.

Protected Veteran status is based on four different areas.

The Department of Labor classifieds protected veterans as a Disabled Veteran, Recently Separated Veteran, Armed Forces Service Medal Veterans, and Other Protected Veterans.

These are defined by the DOL below:

Disabled Veteran

“A veteran who served on active duty in the U.S. military and is entitled to disability compensation (or who but for the receipt of military retired pay would be entitled to disability compensation) under laws administered by the Secretary of Veterans Affairs, or was discharged or released from active duty because of a service-connected disability.”

Recently Separated Veteran

“A veteran separated during the three-year period beginning on the date of the veteran’s discharge or release from active duty in the U.S. military.”

Armed Forces Service Medal Veteran

“A veteran who, while serving on active duty in the U.S. military, participated in a U.S. military operation that received an Armed Forces service medal.”

Other Protected Veterans

“A veteran who served on active duty in the U.S. military during a war, or in a campaign or expedition for which a campaign badge was authorized under the laws administered by the Department of Defense.”

Do I Qualify to Participate in a Military Burn Pit Exposure Lawsuit?

Do I Qualify to Participate in a Military Burn Pit Exposure Lawsuit?

You might be eligible to participate in a military burn pit exposure lawsuit if you were a member of the United States Military, exposed to burn pits in:

  • Operation Enduring Freedom / Operation Iraqi Freedom / Operation New Dawn
  • Djibouti, Africa on or after September 11, 2001
  • Operations Desert Shield or Desert Storm
  • Southwest Asia theater of operations on or after August 2, 1990

Contact an experienced personal injury lawyer at TorHoerman Law today to discuss your possible toxic tort lawsuit.

At TorHoerman Law, we offer free no-obligation case consultations for all potential military burn pit exposure lawsuit clients.

At this time, TorHoerman Law has not filed a lawsuit and is conducting investigations into the details surrounding military burn pit exposure.

Hiring a Military Burn Pit Exposure Lawyer

Hiring a Military Burn Pit Exposure Lawyer

If you or a loved one suffered injuries resulting from burn pit exposure while in military service, you may be entitled to compensation through legal action.

Contact a military burn pit exposure lawyer from TorHoerman Law for a free, no-obligation case consultation or use our chatbot to get a free, instant online case evaluation right now.

Frequently Asked Questions

  • What are symptoms of burn pit exposure?

    Symptoms of burn pit exposure can include, but are not limited to:

    • Skin irritations
    • Eye irritation
    • Rashes
    • Headaches
    • Migraines
    • Inability to sleep
    • Cognitive issues
    • Damage to organs
    • Damage to respiratory system
    • Difficulty breathing
    • Coughing

  • Is there a military burn pit exposure lawsuit?

    TorHoerman Law is currently investigating the details surrounding military burn pits and the possible injuries linked to exposure.

  • What injuries are linked to military burn pit exposure?

    There are a number of injuries linked to burn pit exposure, but the primary injuries linked to burn pit exposure are insomnia and neurological damage.

Written By:
Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law

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