Military Burn Pit Exposure Lawsuit

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.

Frequently Asked Questions

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

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

Camp Lejeune Water Contamination Lawsuit – November 2022 Update
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Camp Lejeune Water Contamination Lawsuit – November 2022 Update

VA Disability Claims Assistance
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VA Disability Claims Assistance

Military Medical Malpractice
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Military Medical Malpractice

Table of Contents

Military Burn Pit Exposure Lawsuit Update

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

August 9th, 2022 Update

The Honoring Our PACT Act has been signed into law by President Biden. This new piece of legislation affords new benefits to veterans exposed to toxic substances during their military service, including those exposed to burn pits. 

Up to 3.5 million veterans are estimated to benefit from the PACT Act. 

Visit this page for more information as it becomes available. 

August 2nd, 2022 Update

The Honoring Our PACT Act has officially been passed by the Senate. The 86-11 vote sends the bill to President Biden for a final signature into law. 

The PACT Act is a piece of legislation that affords new benefits to veterans exposed to toxic substances during their military service, with a big effect on those exposed to toxic fumes from burn pits across the Middle East. The PACT Act is expected to help secure healthcare and other benefits for up to 3 million veterans. 

Visit this page for more updates as they become available. 

August 1st, 2022 Update

Our lawyers are still investigating how to move forward with the Military Burn Pit litigation and secure veterans the compensation they deserve. 

Recently, the Supreme Court sided with a Texas veteran who said he was discriminated by his employer, the State of Texas. The veteran, Le Roy Torres, worked as a Texas State Trooper, as well as being enlisted in the Army Reserve. During his time with the U.S. Army Reserve, he was exposed to toxic burn pits in Iraq that damaged his lungs and subsequently led him to request a new job with the State of Texas as he was unable to perform his duties as a State Trooper. 

The state denied his request and Torres took his case to the Supreme Court. The court ruled that Texas had no sovereign immunity over the case and was Torres was able to file suit.

Visit this page for more updates on the Military Burn Pit Litigation. 

 

With the imminent signing into law of the Honoring Our PACT Act of 2022 (H.R.3967), veterans exposed to toxic substances during their time in the military may be able to file claims for compensation from the United States Government. 

Included in the bill was the Camp Lejeune Justice Act, which affords veterans, family members, and non-military staff exposed to contaminated water at the North Carolina military base the right to legal action for their injuries and diagnoses.

These legislative acts may give veterans exposed to burn pits a legal avenue to fully compensate for their injuries. 

Our lawyers are investigating how to properly move forward with legal action. Check this page for further updates as they come available. 

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.

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?

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.

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.

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.

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?

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

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.

Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law

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Litigation Updates

Burn Pit Exposure to be Covered by New Congressional Bill Introduced in February 2022

February 21, 2022

February 21, 2022

Burn Pit Exposure to be Covered by New Congressional Bill Introduced in February 2022

Veteran’s Burn Pit Medical Malpractice Lawsuit Settles for $3M

September 23, 2021

September 23, 2021

Veteran’s Burn Pit Medical Malpractice Lawsuit Settles for $3M

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