Throughout history, countless US veterans have been exposed to toxic chemicals while serving. From Vietnam's Agent Orange to the burn pits of the Gulf War, the health impacts can be devastating.
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If you or a loved one served and were exposed to deadly toxins, it's crucial to see if you qualify for benefits. These exposures can lead to severe health issues like cancer, respiratory problems, etc.
According to CBS News, about 4 million US veterans deployed over the past 30 years may have experienced significant exposure to burn pits during their service.
Fortunately, new laws like the PACT Act significantly expand aid for veterans suffering from these exposures. As of January 1, 2024, over 7,000 veterans had claims granted for Chronic Obstructive Pulmonary Disease (COPD) alone.
In this article, we'll explore the dangers of toxic chemical exposure among veterans and how new laws can provide relief. We’ll also understand the details to see if you might be eligible for assistance.
Understanding the New Laws for Veterans Exposed to Toxic Chemicals
Previously, proving your illness was directly service-connected was an uphill battle. Now, the burden of proof has shifted for many conditions. Benefits aren't limited to healthcare; you may be entitled to disability compensation or benefits for your dependents.
The PACT Act, short for Promise to Address Comprehensive Toxics, is a significant piece of legislation enacted in 2022. It expands healthcare benefits and disability compensation for veterans subjected to burn pits and other harmful chemicals during their service.
The act recognizes several conditions linked to toxic exposures, including various cancers, respiratory illnesses, and other health issues. It also covers exposure to substances like AFFF (Aqueous Film-Forming Foam), a firefighting foam widely used in military bases and civilian airports.
Finally, it streamlines the claims processes, which previously were a hassle. According to the official data, the Department of Veterans Affairs received over 785,000 disability claims under the PACT Act. The VA reviewed about 435,000 of these claims and cleared over 347,000.
Over 4 million veterans took part in toxic screenings, and about 111,000 of them have tested positive for some exposure.
Can You Get Disability Compensation for Burn Pit Exposure?
Yes, new laws make it easier to link conditions like asthma or bronchitis with exposure to burn pit fumes.
What Chemicals Are We Talking About?
The primary focus of these new laws is on a few hazardous substances veterans often face. The Act added over 20 presumptive conditions related to:
- AFFF: This firefighting foam, commonly used on military bases, contains harmful “forever chemicals” (PFAS) linked to serious illnesses.
- Other Substances: Veterans may have also encountered Agent Orange (Vietnam era), toxic fumes from burn pits, oil and sulfur fires, warfare agents, depleted uranium, and various chemicals during their service.
The health conditions recognized by this Act include cancers (lung, bladder, kidney, etc.), respiratory issues, reproductive problems, and more. If deployed to specific locations or bases with known contamination, your eligibility might be even stronger.
Can My Family Receive VA Benefits if I Die From Service-Connected Toxic Exposure?
Yes, your dependents (spouse, children, and parents) may be eligible for Survivors Benefits and Dependency and Indemnity Compensation (DIC). Consult the VA or an advocate to see what applies in your specific case.
Navigating the VA Claims Process
If you or a loved one has been exposed to toxic chemicals like AFFF during military service, you may be eligible for disability compensation and healthcare benefits through the Department of Veterans Affairs (VA).
To file successful VA claims for exposure to AFFF, you need to understand these key steps:
1. File Your Initial Claim:
Submit a formal application with proof of AFFF exposure and related health conditions (like cancer). You can file by mail at a VA office or do it online.
2. Evidence Gathering:
The VA requires medical and service records. Be prepared to provide any additional information requested to support your claim.
3. Claim Review:
A VA claims examiner will assess your case. Processing time can vary, so be patient and follow up with the VA for status updates.
The VA has a maximum of 103 days to evaluate your claim.
4. Decision:
Once, the VA reviews your claim, it will issue a decision that falls into these categories: can
- Approval: You'll be notified of your benefits.
- Denial: You'll receive an explanation and may be asked for more evidence.
- Request for More Information: Respond promptly to help the VA decide.
5. Appeal:
If you aren't happy with your decision, you can argue against it. You are entitled to appeal a denial and provide additional evidence to argue your case.
Important Note: Even with strong evidence, appeals may still be denied. Be prepared, and understand your rights.
This is why TorHoerman Law recommends hiring professional firefighting foam lawyers who can do the heavy lifting for you. All you need to do is give them the right answers and follow deadlines.
How Do I File a VA Claim for Burn Pit Exposure?
Visit the VA website or work with a VSO to get all the necessary forms and specific guidance for your case.
In conclusion, the recent legislative efforts mark a significant step forward in helping combat veterans exposed to toxic chemicals. By expanding healthcare benefits, and disability compensation, and streamlining the claims process, these laws offer hope and relief to those facing the debilitating consequences of toxic chemical exposure.
Don't wait to take action. These benefits are yours for the taking, but time may be a factor. Contact the VA or a trusted advocate today to learn more about your case and start the claims process.
