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VA Disability Attorneys for Iraq & Afghanistan Veterans with Burn Pit Exposure Conditions

Toxic exposure and the resulting medical conditions have become a real challenge for veterans and none more than the men and women who have served in Iraq and Afghanistan. Data has indicated that burn pits in these environments are the primary cause of toxic exposure that impacts an estimated 85% – 86% of post-9/11 veterans — which translates to more than 3.5 million men and women. With prolonged exposure to burn pits, many veterans are faced with presumptive medical conditions that include asthma, emphysema, pulmonary fibrosis, rhinitis, sinusitis, lymphoma, and multiple types of cancer. Veterans faced with these service-connected medical conditions are impacted in their day-to-day lives, and may be eligible for disability compensation from the U.S. Department of Veterans Affairs (VA) — and a VA disability attorney for Iraq and Afghanistan veterans with burn pit exposure conditions can help.

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    Veteran Disability Attorneys You Can Trust

    Find a VA Disability Attorney for Your Burn Pit Exposure Claim

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    Burn pits were a primary method of garbage disposal in Iraq and Afghanistan, and an estimated 67% – 86% of bases used burn pits on a daily basis from 2004 – 2012. With an estimated 85% of military personnel in Iraq and Afghanistan serving on these bases and enduring prolonged exposure for periods of up to 370 days. Submitting disability claims for burn pit exposure can be a complicated process, and when these claims are denied, veterans may need the help of an experienced veteran disability attorney. VA Benefits Attorneys powered by Tabak Law has worked to become a nationwide legal resource for veterans who need help with their claim.

    How We Can Help

    Legal Support and Services for Iraq and Afghanistan Veterans with Toxic Exposure Claims

    In the Post-9/11 era — particularly in Iraq and Afghanistan — burn pits were used to dispose of plastics, chemicals, medical waste, munitions, and more. The toxic airborne chemicals produced by these burn pits are tied directly to debilitating medical conditions that are presumed to be connected to burn pits and protected by the PACT Act. This important piece of legislation expanded the benefits for established presumptive conditions, and veterans battling long-term medical conditions linked to toxic chemicals may be eligible for compensation under the PACT Act.

    Establish Service Connection

    The first step towards receiving disability compensation is establishing a service connection. The PACT Act recognizes a wide range of respiratory conditions and cancers that are presumptive — which means that you do not need to prove that the specific illness is directly caused by your military service — only that you served in a location and at a time when you were exposed to burn pits.

    Collect Evidence and Documents

    The documents you submit with your disability claim act as proof and evidence of your disability, and the accuracy and depth of your documents can dictate the outcome of your claim. Disability claims that are submitted with incomplete documents can result in denied claims or delays in compensation. Key documents needed for toxic burn pit exposure claims include service records, a Form DD-214, a current medical diagnosis, a medical nexus letter, and medical treatment history.

    Appeal Denied Disability Claims

    Before the PACT Act was passed, an estimated 70% – 80% of toxic burn pit exposure claims were denied — a number that has decreased significantly since this important legislation was passed. The most common reasons for denied claims include misinterpretation of deployment records tied to burn pits, a failure to link non-presumptive illnesses to toxic exposure events, and missing military records or medical exams. When a toxic exposure claim is denied, a VA benefits attorney can help you determine the best method for appeal — a Higher-Level Review, a Supplemental Claim, or a Board of Veterans’ Appeals — and help you file a successful claim.

    Are You Eligible for a VA Disability Claim for Burn Pit Exposure?

    What Is Burn Pit Exposure for Iraq and Afghanistan Veterans?

    The presumptive medical conditions tied to toxic burn pits are a common disability among post-9/11 veterans — those who served in Operation Enduring Freedom (OEF), Operation Iraqi Freedom (OIF), and Operation New Dawn (OND). Toxic exposure is a very serious health hazard tied to airborne toxins, particulates, and hazardous fumes that are a direct result of burn pits in Iraq and Afghanistan. Long-term exposure to and inhalation of these fumes, toxins, and particulates from many different sources and materials involves no direct combat action — but can still have a dangerous and deadly impact on veterans — leading to debilitating diseases and medical conditions that include respiratory infections, cancers, and much more.

    Veterans of the military operations in Iraq and Afghanistan can experience a broad range of physical symptoms and medical conditions that are rated based on different criteria provided by the U.S. Department of Veterans Affairs. The presumptive conditions linked to burn pit exposure are rated based on the diagnostic ratings schedules for the specific part of the body affected. For example — medical conditions like asthma, rhinitis, sinusitis, and bronchiolitis are rated based on the Schedule of Ratings for the Respiratory System (38 CFR § 4.97) — and these conditions can carry a disability rating that ranges from 0% – 100% based on a variety of factors that include test results, dependence on medication, and the severity of symptoms.

    Schedule a Free Case Review

    Get Started On Your Toxic Exposure Disability Claim

    Many veterans of Iraq and Afghanistan may not know where to start when they are faced with a toxic exposure disability claim. The claims process for presumptive conditions tied to burn pits can be complicated without the right legal help and support. VA Benefits Attorneys has the knowledge and experience you need to help you file a successful disability claim. We will help you navigate the obstacles of the VA claims process from start to finish and help you receive the benefits you deserve after years of service.

    What Sets VA Benefits Attorneys Apart?

    Why Choose VA Benefits Attorneys?

    Proven Legal Advocates: Backed by the legal resources and experience of Tabak Law, the VA Benefits Attorneys team is here to force the Department of Veterans Affairs to fulfill its duty to support affected service members. We understand that breathing toxic smoke, burning chemicals, and particulate debris in Iraq and Afghanistan is not just an inconvenience — it is a life-changing medical event. No matter whether you are filing an initial claim or appealing a denied claim for a toxic exposure, we deliver the legal representation you need to secure every dollar of compensation you are owed.   

    Experts in Iraq and Afghanistan Burn Pit Exposure Claims: Receiving compensation for burn pit exposure necessitates a clear understanding of evolving federal regulations, statutory presumptions, and medical criteria. From establishing a clear service connection to providing clear and conclusive medical opinions for emerging conditions — our legal team understands how VA officials review claims. We will work to eliminate administrative roadblocks, present concrete medical evidence, and protect your claim from low disability ratings and denied claims.  

    Tailored Legal Strategies for Post-9/11 Veterans: No two service members face the exact same toxic exposure when in theater, and each exposure may manifest differently in each individual. Toxins can often trigger a cascade of connected health issues — from respiratory system damage to auto-immune disorders and terminal cancers. We avoid one-size-fits-all legal support with our clients. We will take an in-depth look at your DD-214, deployment records, medical evaluations, and diagnostic testing to build a comprehensive legal strategy to help you achieve the highest possible combined disability rating and receive retroactive back pay.   

    Free Case Reviews: VA Benefits Attorneys believes you should not have to pay out-of-pocket just to find out if you have a viable disability claim. If you have questions about your eligibility for presumptive conditions, need help getting a higher disability rating, or want to appeal a denied claim — we are here to provide straight answers. VA Benefits Attorneys offers a 100% Free Consultation — by phone, video, or in person — giving you clarity for your claim with no financial obligation.   

    VA Benefits Attorneys is backed by Tabak Law, and it is our goal to be a trusted nationwide legal resource for Iraq and Afghanistan veterans who have been exposed to the harmful toxic chemicals created by burn pits. Here at VA Benefits Attorneys — we are dedicated to providing veterans who have served our country around the world with the legal help and support they need to file a successful VA disability claim and get the compensation they deserve. 

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    FAQ’s

    FAQs About Burn Pit Exposure Claims for Iraq and Afghanistan Veterans

    The Department of Veterans Affairs uses presumptive service connections to determine the eligibility of toxic exposure claims. Veterans who have served in areas where burn pits and toxic exposure were common may only need to provide proof of deployment and a formal medical diagnosis that establishes a service connection.

    There are specific forms needed to file a disability claim for toxic burn pit exposure that post-9/11 veterans will need. These forms include VA Form 21-526EZ for a primary claim, VA Form 20-0995 for a supplemental claim that will reopen a denied claim under the PACT Act, and VA Form 21-4138 for a Statement in Support of Claim that details specific medical symptoms and exposure history.

    The medical conditions tied to toxic exposures are given a disability rating based on the individual illness or medical condition based on the VA Schedule for Rating Disabilities (38 CFR Part 4). Respiratory conditions tied to burn pit exposure are typically rated from 0% – 100% based on a Pulmonary Function Test (PFT) and cancers are typically given a 100% disability rating when active.

    Yes. If your service-connected medical condition related to burn pit exposure causes or worsens another health issue, you may be able to claim additional compensation. Common secondary conditions include  — sleep apnea, GERD, cardiovascular disease, depression, or anxiety.

    Veteran Burn Pit Exposure Disability Resources

    Learn More About VA Toxic Exposure Claims for Post-9/11 Veterans

    Iraq and Afghanistan veterans can learn more about how toxic burn pit exposure and the presumptive medical conditions tied to it can impact veterans and how the U.S. Department of Veterans Affairs reviews and manages these disability claims:

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    Get Help with VA Burn Pit Exposure Disability Claims Wherever You Are

    The VA Benefits Attorneys legal team provides veterans across the country with the comprehensive legal support system and network they need to help them submit successful disability claims for toxic exposure. No matter where you live in the United States, the VA Benefits Attorneys legal team is here to help with your case. 

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    File Your Veteran Toxic Exposure Disability Claim Today

    Are you dealing with a long-term respiratory illness? Have you been battling cancer? These medical conditions may be tied to exposure to toxic chemicals from military burn pits in Iraq and Afghanistan. VA Benefits Attorneys can help post-9/11 veterans cut through the red tape and file a successful disability claim for your current medical condition linked to burn pit exposure and get you the benefits you deserve.