Burn pits were commonly used in military operations overseas, particularly in the Southwest Asia theater, for disposing of massive amounts of waste. These pits burned materials like plastics, rubber, unexploded ordnance, medical waste, and chemicals, creating plumes of toxic smoke. This continuous exposure to airborne hazards has been associated with a range of serious health issues affecting the respiratory system and other bodily functions. The government formally recognized a substantial number of diseases as linked to this environmental exposure, simplifying the process for veterans seeking medical care and disability compensation for these service-related illnesses.
The PACT Act and Presumptive Conditions
The legislative action that formally linked these illnesses to service is the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act, commonly known as the PACT Act. Signed into law in August 2022, this measure significantly expanded eligibility for benefits and healthcare for veterans exposed to toxic substances during their military service. The Act established a legal mechanism that makes it easier for veterans to receive compensation for conditions acquired after deployment to areas where burn pits were in use.
This law introduced the concept of a “presumptive condition” for burn pit exposure, which is a major shift in how claims are processed. A presumptive condition means the Department of Veterans Affairs (VA) automatically assumes a veteran’s illness is connected to their military service if they served in a qualifying location and time frame. The veteran no longer needs to prove a direct service connection, which historically required complex medical evidence and often resulted in claim denials.
The designation of these conditions as presumptive removed a significant burden of proof, streamlining the process for thousands of service members. The legislation effectively acknowledges that the environmental hazards present in areas like Iraq, Afghanistan, and other designated locations were a likely cause of these specific health problems. This change allows the VA to focus resources on providing care and benefits rather than debating the origin of the illness, provided the veteran meets the service and diagnosis criteria.
Categorizing the Recognized Conditions
The PACT Act dramatically expanded the list of illnesses recognized as presumptive, covering over 33 conditions that are broadly grouped into three major categories: respiratory diseases, cancers, and other systemic conditions. This comprehensive list includes conditions that manifest in the lungs and upper airways, as well as several types of cancer that have been scientifically linked to the complex mixture of toxins found in burn pit smoke. This categorization helps manage the influx of new claims and ensures appropriate medical focus.
Respiratory and Airway Conditions
A significant number of the recognized conditions affect the respiratory system, reflecting the primary route of exposure through inhaled smoke and particulate matter. Asthma is included, provided the diagnosis occurred after service, indicating it was likely triggered or exacerbated by the deployment exposure. Chronic Bronchitis and Chronic Obstructive Pulmonary Disease (COPD) are also presumptive, representing long-term inflammation and airflow limitation in the lungs.
The following respiratory and airway conditions are recognized, covering both the smaller airways and the upper respiratory tract:
- Constrictive Bronchiolitis or Obliterative Bronchiolitis, which cause scarring and narrowing of the lung’s smallest air passages.
- Emphysema, characterized by damage to the air sacs.
- Interstitial Lung Disease (ILD), which causes progressive scarring of lung tissue.
- Sarcoidosis and Granulomatous Disease, which involve the formation of inflammatory nodules in the lungs.
- Chronic Rhinitis and Chronic Sinusitis, involving persistent inflammation of the nasal passages and sinuses.
- Pleuritis and Pulmonary Fibrosis, which affect the lining and connective tissue of the lungs.
Cancers
The PACT Act significantly expanded the number of cancers considered presumptive, recognizing that toxins inhaled from burn pits contain carcinogens that can lead to various malignancies. The list includes several cancers categorized by their location in the body, such as Brain Cancer, including the aggressive form Glioblastoma.
The following cancers are recognized as presumptive, reflecting the systemic nature of the toxic exposure:
- Gastrointestinal Cancer of any type and Kidney Cancer.
- Lymphoma of any type and Lymphatic Cancer.
- Pancreatic Cancer and Reproductive Cancer of any type.
- Head Cancer of any type and Neck Cancer of any type.
- Melanoma, a serious form of skin cancer.
- Respiratory (breathing-related) cancer of any type, covering malignancies of the larynx, trachea, and lung.
Accessing Care and Filing Claims
For veterans diagnosed with one of these presumptive conditions, the first practical step is to engage with the VA’s support systems. The VA Airborne Hazards and Open Burn Pit Registry is an important tool, allowing veterans to document their exposure history and current health concerns. Joining the registry helps the VA track health trends and provides veterans with a free medical screening to identify potential issues.
To formally seek compensation, a veteran must file a disability claim with the VA, providing a medical diagnosis of the presumptive condition and documentation of service in a qualifying location during the specified time period. Veterans who were previously denied benefits for a burn pit-related condition should re-file a supplemental claim, as the presumptive status changes the burden of proof entirely. The VA is actively encouraging all eligible veterans to apply, and assistance is available through Veterans Service Organizations to help navigate the necessary paperwork and medical evidence requirements.