Veterans Exposed to Open Air Burn Pits
Eligible Veterans
Under the new legislation, the VA now recognizes a laundry list of diseases to be associated with open air burn pits. Under the PACT Act, a veteran is presumed to have been exposed to open air burn pits if:
The Veteran was serving on or after August 2, 1990, and performed active military, naval, air, or space service while assigned to a duty station in, including airspace above, located in: Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, or United Arab Emirates.
The Veteran was serving on or after September 11, 2001, and performed active military, naval, air, or space service while assigned to a duty station in, including airspace above: Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Yemen, Uzbekistan, or any other country determined relevant by the Secretary. (None have yet been added by the VA.)
Conditions Subject to Presumption
Asthma head cancer of any type, neck cancer of any type, respiratory cancer of any type, gastrointestinal cancer of any type, reproductive cancer of any type, lymphoma cancer of any type, lymphomatic cancer of any type, kidney cancer, brain cancer, melanoma, pancreatic cancer, chronic bronchitis, chronic obstructive pulmonary disease, constrictive bronchiolitis or obliterative bronchiolitis, emphysema, granulomatous disease, Interstitial lung disease, pleuritis, pulmonary fibrosis, sarcoidosis, chronic sinusitis, chronic rhinitis, glioblastoma, any other disease for which the Secretary determines. (Again, none have yet been added by the VA.)
What if my disease isn’t listed?
If you have a disability that is not listed for presumptive, that does not mean you are not eligible to receive benefits. However, it is now presumed you were exposed to open air burn pits. A competent medical opinion could lead to service-connection for a condition not listed based on the presumption of exposure.