Burn pits, commonly used for waste disposal in military operations, have raised significant health concerns for individuals exposed to their emissions. The open-air burning of various materials, including trash, chemicals, and medical waste, released a complex mixture of airborne toxins into the environment. Over time, a growing understanding emerged regarding the potential for these exposures to contribute to serious health conditions among service members.
Legislative Foundation
The historical context for recognizing burn pit-related health conditions stems from a long-standing challenge veterans faced in proving direct links between their military service and subsequent illnesses. Before recent legislative changes, veterans often encountered a lengthy and difficult process when filing disability claims for conditions they believed were caused by toxic exposures during their service. The Department of Veterans Affairs (VA) historically denied a large percentage of such claims, including many related to burn pit exposure, due to the demanding burden of proof placed on the individual.
A significant shift occurred with the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022. This legislation, signed into law in August 2022, represents the largest expansion of VA healthcare and benefits in decades. The PACT Act was named in honor of Sergeant First Class Heath Robinson, a combat medic who died in 2020 from toxic exposure experienced during his service in Iraq. Its passage fundamentally altered the landscape for veterans by establishing a “presumptive service connection” for certain conditions, thereby simplifying the claims process for those exposed to burn pits and other toxins.
The Recognized Conditions
The PACT Act specifically identified 23 conditions now presumed to be connected to burn pit exposure, significantly broadening the scope of illnesses for which veterans can receive support. These conditions span various body systems, reflecting the wide range of toxins released from burn pits.
Respiratory Conditions
A significant portion of the recognized conditions involves the respiratory system, as airborne contaminants from burn pits were directly inhaled. These include:
Asthma, specifically when diagnosed after military service, indicating a new onset or exacerbation linked to exposure.
Chronic bronchitis, characterized by persistent inflammation of the bronchial tubes.
Chronic obstructive pulmonary disease (COPD), a group of progressive lung diseases that block airflow.
Chronic rhinitis, which is long-term inflammation inside the nose, often leading to congestion and discharge.
Chronic sinusitis, involving prolonged inflammation of the sinuses, can cause facial pain, pressure, and nasal obstruction.
Constrictive bronchiolitis, also known as obliterative bronchiolitis, referring to the inflammation and scarring of the small airways in the lungs, which can severely restrict breathing.
Emphysema, another lung condition, results from damage to the air sacs in the lungs, leading to breathlessness.
Granulomatous disease, an inflammatory condition that can affect the lungs and other organs, forming small lumps of immune cells.
Interstitial lung disease (ILD), encompassing a broad category of disorders that cause progressive scarring of lung tissue, impacting the ability to breathe and get enough oxygen.
Pleuritis, an inflammation of the tissue layers surrounding the lungs and chest cavity, can cause sharp chest pain with breathing.
Pulmonary fibrosis, a specific type of ILD, involves irreversible scarring of lung tissue.
Sarcoidosis, an inflammatory disease that can affect multiple organs but often starts in the lungs.
Cancer Conditions
Beyond respiratory ailments, numerous cancers are recognized as presumptive conditions. These include:
Brain cancer, including the aggressive form glioblastoma.
Head cancer of any type, which includes cancers of the mouth, throat, and other structures in the head.
Neck cancer, encompassing various malignancies in the neck region.
Gastrointestinal cancer of any type, affecting organs involved in digestion such as the esophagus, stomach, and intestines.
Kidney cancer, originating in the kidneys.
Lymphatic cancer of any type.
Lymphoma of any type, both Hodgkin and non-Hodgkin lymphomas.
Melanoma, a serious form of skin cancer.
Pancreatic cancer, an aggressive cancer that forms in the pancreas.
Reproductive cancer of any type, affecting the male or female reproductive organs.
Respiratory (breathing-related) cancer of any type, which includes lung, bronchial, laryngeal, and tracheal cancers.
Implications for Veterans
The establishment of presumptive service connection for these 23 conditions holds significant implications for veterans who served near burn pits. If a veteran has one of these recognized conditions and served in a qualifying location and timeframe, the Department of Veterans Affairs automatically presumes that their illness is related to their military service. This change removes the previous requirement for veterans to gather extensive evidence and expert opinions to directly link their condition to their service, a process that was often burdensome and frequently resulted in denied claims.
Veterans meeting the service requirements, such as having served on or after September 11, 2001, in specific locations like Afghanistan, Iraq, or other designated areas, and having a diagnosis for one of the presumptive conditions, are now eligible for VA healthcare and disability compensation. This streamlined pathway significantly eases access to necessary medical care and financial support. While the PACT Act simplifies the connection to service, veterans still need a medical diagnosis of one of the listed conditions from a healthcare professional to qualify for benefits.
The PACT Act creates a general pathway for veterans to receive the support they deserve. This shift allows the VA to process claims more efficiently, ensuring that veterans with these illnesses can access benefits in a timelier manner. It underscores a recognition of the sacrifices made by service members and the long-term health consequences some may face due to toxic exposures during their duty.