Many American veterans were exposed to hazardous pollutants in the air, soil, and water while serving in the military. As research reveals more about the enduring consequences of exposure to different toxic environments, the VA has been increasing disability benefits for toxic exposure.
One instance is the PACT Act, which substantially broadened the VA’s ability to grant disability benefits to veterans experiencing health problems related to toxic exposure. Given the VA’s dynamic procedures and authority, it’s crucial to reexamine illnesses categorized as toxic exposure, even if you’ve already applied for compensation and been turned down.
VA Disability Benefits for Toxic Exposure
- Radiation
- Asbestos
- Camp Lejeune Water Contamination
- Agent Orange
- Burn Pit Exposure
It is not unusual for American veterans to come into contact with toxic substances while serving in the military, ranging from industrial solvents and insulation to air and water pollutants. Long-term exposure to these toxins can result in serious medical conditions, and in response, the U.S. Department of Veterans Affairs has expanded disability benefits for veterans suffering from these conditions.
What Is a Presumptive Disability?
Presumptive conditions are those that the VA typically assumes are connected to military service, making it easier for veterans to receive disability compensation. A presumptive disability does not require the same level of evidence to prove a service connection as non-presumptive conditions. Gulf War veterans, veterans exposed to toxic drinking water, former prisoners of war, and those with burn pit exposure-related disabilities are among the conditions that the VA considers presumptive.
However, veterans must still provide the VA with ample medical evidence from a qualified medical professional to prove their diagnosis. While a presumptive condition may prove service connection, it does not confirm a diagnosis.
Airborne Hazards and Veterans
Airborne hazards refer to environmental contaminants that can be inhaled, leading to adverse effects. Military service members are especially vulnerable to airborne hazards due to exposure to chemicals and other contaminants from weapons and equipment, as well as exposure to nonstandard environmental conditions during deployment.
Examples of airborne hazards include:
- Burning debris
- Sand or dust particles
- Burning of human waste
- Vehicle engine exhaust
- Fire smoke
Veterans who served in wars with specific environmental conditions or those who were exposed to hazardous burn pits may experience short-term or long-term health effects. In these cases, the VA often considers their conditions as presumptive disabilities for VA disability rating and compensation.
VA Disability Benefits for Toxic Exposure: What You Need to Know
The Department of Veterans Affairs (VA) provides disability benefits to U.S. veterans who have suffered from toxic exposure during their time of military service. Several situations are considered to be presumed service-connected toxic exposures by the VA. If you’re a veteran who has been exposed to any of these situations, it’s crucial to understand the specific conditions that the VA recognizes as being eligible for disability benefits.
Radiation
Some veterans, including those who worked with or near nuclear weapons testing, served in Japan during the post-WWII occupation of Hiroshima or Nagasaki, or served at a gaseous diffusion plant, were exposed to dangerous radiation during their time in the military. Radiation exposure has been linked to various health issues, such as cancers (breast, liver, stomach, colon, or pancreatic), as well as complications like brain and central nervous system tumors. The VA recognizes that these conditions are likely related to radiation exposure during military service.
To receive VA disability benefits for radiation exposure, a veteran must provide appropriate documentation of the specific medical diagnosis. If the diagnosis is on the list of presumptive conditions, the veteran will likely be approved for VA disability benefits.
When submitting a claim, the VA will ask either the military branch in which the veteran served or the Defense Threat Reduction Agency to provide an estimate of the range of radiation levels to which the veteran was exposed. The VA will then use the highest level of the given range to determine the appropriate level of disability benefits.
Asbestos
Asbestos is a group of toxic fibers that were commonly used in building materials. Many U.S. veterans were exposed to asbestos during their active duty service, particularly those who served in Iraq, other Middle Eastern countries, and Southeast Asia. When old buildings were destroyed, asbestos fibers were often released into the air, and veterans who worked in shipyards, construction sites, building demolitions, or vehicle repairs were at risk of exposure. This exposure can lead to significant health issues later in life.
To receive VA disability benefits related to asbestos exposure, a veteran typically needs to provide documentation of the time, location, and branch of service, along with documentation illustrating the type of work the veteran engaged in while serving.
In addition, a successful claim requires an official medical diagnosis of a condition presumed to be connected to asbestos exposure, such as mesothelioma, lung cancer, pleural plaques, or asbestosis. To strengthen the claim, a veteran should also provide an official statement from a medical professional stating that the veteran’s current health condition is likely a result of asbestos exposure during military service.
Camp Lejeune Water Contamination
Between 1953 and 1987, veterans who served at Marine Corps Base Camp Lejeune or Marine Corps Air Station (MCAS) New River in North Carolina may have been exposed to contaminated drinking water. The same is true for family members who lived with them.
Exposure to contaminants such as benzene and vinyl chloride during military service has been linked to the development of certain diseases and medical conditions later in life, including Parkinson’s disease, adult leukemia, bladder, liver, or kidney cancer, multiple myeloma, and aplastic anemia.
To apply for VA disability benefits related to water contamination at Camp Lejeune, a veteran must provide documentation of a medical diagnosis and proof of their service at the location during the specified time period. Both veterans and their families are eligible for VA health care benefits in this case.
Agent Orange
During the Vietnam War, the U.S. used Agent Orange, a powerful herbicide, to clear trees and brush. Veterans who served during that time may have been exposed to it, which has resulted in a range of medical conditions and illnesses.
If a veteran can provide documentation of their exposure to Agent Orange and their health condition is linked to it, they may be eligible for VA disability benefits. The VA considers Agent Orange exposure a presumptive condition, which means that certain illnesses and cancers are automatically presumed to be a result of Agent Orange exposure. Additionally, the VA presumes that veterans who served in certain geographic areas were exposed to Agent Orange, known as presumptive exposure.
Presumptive conditions associated with Agent Orange exposure include several types of cancers, including respiratory or prostate cancer, along with Hodgkin’s disease, multiple myeloma, and others. Illnesses such as hypothyroidism, Type 2 diabetes, high blood pressure, and Parkinson’s disease, among others, are also considered presumptive conditions associated with Agent Orange exposure.
Veterans must provide documentation of their medical diagnosis and proof of their service during the Vietnam War to apply for VA disability benefits related to Agent Orange exposure.
Burn Pit Exposure
During their active duty service time in Afghanistan, Iraq, and other areas of recent conflict, veterans may have been exposed to toxic chemicals from burn pits. These were designated areas for waste disposal where everything from munitions, plastics, medical and human waste, paint, and other chemicals were burned in the open air. Exposure to other environmental hazards through soil, water, or air pollutants was also possible.
The VA has recently expanded its list of presumptive conditions associated with these types of toxic exposures through the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022. This means many more veterans are eligible for VA disability benefits associated with medical conditions either caused or worsened by toxic exposure.
The list of presumptive conditions now includes many types of cancer such as brain cancer, gastrointestinal cancer, kidney cancer, and melanoma, along with illnesses such as asthma, chronic sinusitis, and interstitial lung disease.
To be approved for VA disability benefits related to toxic burn pit exposure, a veteran must verify the medical diagnosis of a presumptive condition and provide documentation of the time and location of active duty military service. Registering with the VA’s Airborne Hazards and Open Burn Pit Registry is also voluntary but can help veterans better identify health concerns and document deployment-related exposures. Veterans who are eligible for the registry can receive an optional no-cost, in-person medical evaluation.
Sinusitis VA Disability Ratings
Sinusitis is an infection that can cause discomfort, including headaches, nasal congestion, and pain around the eyes or face. Exposure to burn pits during military service can increase the likelihood of developing chronic sinusitis.
The VA has a rating system of 0%, 10%, 30%, and 50% for sinusitis. If a veteran receives a diagnosis through an x-ray, they receive a 0% rating. A 10% rating is given to veterans with one or two bouts of sinusitis requiring antibiotics in a year, while those with three or more episodes annually may receive a 30% rating. If a veteran experiences chronic sinusitis symptoms or requires surgery, they qualify for a 50% rating.
Asthma VA Disability Ratings
Asthma is a condition that can cause the airways to become inflamed, making it difficult to breathe. Veterans may experience asthma due to exposure to environmental contaminants like burn pits during their military service.
To qualify for VA disability ratings for asthma, veterans must have a confirmed medical diagnosis and experience persistent and recurring asthma symptoms. VA disability ratings for asthma can be 0%, 10%, 30%, 60%, or 100%. Veterans qualifying for 100% disability usually experience more than one asthma attack per week or require daily medication to control their condition.
Allergic Rhinitis VA Disability Ratings
Allergic rhinitis is an inflammation of the nasal passages caused by irritants. Symptoms include a runny nose, congestion, sore throat, and watery eyes.
For veterans with rhinitis and no polyps, the VA rates a 10% disability if one nasal passage has a complete obstruction or both have at least a 50% obstruction. Those with allergic rhinitis with polyps generally receive a 30% disability rating.
VA Disability Benefits for Toxic Exposure
The U.S. Department of Veterans Affairs is working to provide better health care services and disability benefits to veterans. The VA recently expanded presumptive conditions related to toxic exposures, which means it is more important than ever for veterans who think their current medical conditions are due to exposure to contaminants during their military service to apply for VA disability benefits.
If a veteran’s claim has been denied in the past, it is essential to keep bringing the case before the VA, which now has more power to approve claims quickly. Veterans who have had their VA disability claims denied may also want to consider working with a qualified VA disability attorney to evaluate the strength of their claim and submit it to gain access to the necessary health care benefits.