Veterans Exposed to Open Air Burn Pits

Written By Wesley McCauley

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.

Wesley McCauley

While working as the Operations Lieutenant for his local fire department during college, Wesley found his love for veteran’s law. Wesley was born and raised in rural south Georgia, where he continues to enjoy living. While attending Valdosta State University, a community also home to Moody Air Force Base, Wesley saw the lack of quality representation available to Veterans and their families—even in a military community. This led him to become a VA accredited representative, seeking to serve Veterans and their families. Following his time in the Fire Department, he founded United Veteran’s Disability in September of 2021.

Wesley has represented some of our nation’s finest, including a World War II POW, combat Veterans, Camp Lejeune Veterans, submariners, Vietnam widows, Coastguardsmen, Infantrymen, FBI agents, and even VA employees. Wesley says each have a common thread “love of country.” He has successfully recovered millions in benefits for veterans and their families. His largest single recovery totals over $525,000 in backpay. Wesley has represented Veterans and their families at the Regional Office level, the Board of Veterans’ Appeals, and the Court of Appeals for Veterans Claims. He has handled both medically and legally complex claims. Wesley believes in the importance of maximizing benefits for veterans, and his clients are regularly awarded SMC to help compensate veterans above the 100% rate.

While Wesley represents a wide range of Veterans and survivors, a large part of his practice includes veterans exposed to toxic burn pits. “What we saw with Vietnam veterans and Agent Orange is playing itself over again, but with burn pit Veterans. As we continue to learn more about the diseases associated with burn pit exposure, it is important to hold the VA accountable and push for many more diseases to be presumptive, just as the Vietnam Veterans had to fight decades for.”

Wesley is a sustaining member of the National Organization for Veterans’ Advocates, a member of the CAVC Bar Association, Military-Veterans Advocacy, and is a lifetime member of the National Eagle Scout Association.

Outside of his practice, Wesley enjoys traveling with his wife, especially visiting our U.S. National Parks. Together, they plan to visit all 63 U.S. National Parks. They also enjoy exercising together, as well as nature photography.

https://unitedforvets.us
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Important News Regarding Burn Pit Exposure