You’ve been struggling to breathe. It’s that tight, panicked feeling in your chest. This wasn’t something you had before your military service. Now, you’re connecting the dots back to the smoke and fumes from your time overseas.
You’re not alone in this fight, and you’re right to ask questions about a VA asthma claim VA disability for asthma burn pit exposure. The process can feel difficult, but you’ve earned these benefits. We’re going to walk through how a successful VA asthma claim VA disability for asthma burn pit exposure works, so you can get the VA disability compensation you deserve.
What Were Those Burn Pits?
If you served in Iraq, Afghanistan, or other parts of Southwest Asia during the Gulf War era or later, you probably remember them. A military burn pit was a common way the military got rid of waste on bases. They were often massive, open-air pits, sometimes the size of a football field, used for military burn operations.
Everything you can imagine was thrown in there and set on fire with jet fuel. This included plastics, rubber, medical waste, batteries, and even unexploded ordnance. The smoke that rolled off these pits was thick, black, and filled with toxic exposure risks from hazardous particulate matter.
For a long time, breathing in these airborne hazards was just a normal part of daily life on base. Service members often lived, worked, and slept near these active burn pits. Little thought was given to the long-term health consequences of this constant military exposure.
The Direct Line from Burn Pits to Asthma
That smoke you breathed in every day wasn’t harmless. It was a chemical soup containing a variety of toxins. Burning all that waste released tiny particles and chemicals into the air.
These particles, known as particulate matter, are small enough to get deep into your lungs and cause serious damage. Your body’s natural defense against foreign invaders is inflammation. But constant exposure to these irritants can cause chronic inflammation in your airways.
This is what leads to respiratory conditions and lung disease like asthma, constrictive bronchiolitis, and chronic bronchitis. For many veterans, asthma symptoms started during or soon after their deployment. This direct cause-and-effect relationship forms the basis of service connection for a VA disability claim.
The PACT Act Changed Everything for Veterans
For years, getting the VA to approve a disability claim linking asthma to burn pit exposure was a tough battle. You had to provide extensive evidence to prove that the smoke directly caused your breathing problems. That was a high bar to clear for any disability benefit.
The PACT Act of 2022 completely changed the rules of the game for veterans seeking VA benefits. This law is one of the biggest expansions of VA health care and benefits in history. A key part of this law is that it recognizes certain conditions as “presumptive” for veterans who served in specific locations and time periods.
This means the VA now presumes your asthma is connected to your service if you meet the criteria. You no longer have to prove the burn pits caused your asthma. You just need to show you have a current diagnosis of a presumptive medical condition and that you served in a qualifying location during the specified time.
This presumptive service connection makes the VA claim process much more straightforward for so many veterans. It acknowledges the link between toxic exposure during military service and later health problems. The law covers a wide range of illnesses beyond just respiratory issues.
The PACT Act added presumptive service for conditions like chronic sinusitis and pulmonary fibrosis. It also established a presumptive service connection for many types of cancer. These include brain cancer, neck cancer, head cancer, pancreatic cancer, reproductive cancer, and various forms of gastrointestinal cancer.
Specific cancer types now on the presumptive list include melanoma, glioblastoma, and type pancreatic cancer. This legislation covers a wide range of illnesses that have been linked to airborne hazards from burn pits. Understanding these changes can be vital for your disability claims.
PACT Act Covered Locations and Dates
The PACT Act covers a long list of locations. If you served on active duty on or after August 2, 1990, in any of these places, your condition may be covered as a presumptive service condition.
- Bahrain
- Iraq
- Kuwait
- Oman
- Qatar
- Saudi Arabia
- Somalia
- The United Arab Emirates (UAE)
- The airspace above any of these locations.
It also covers service on or after September 11, 2001, in these locations:
- Afghanistan
- Djibouti
- Egypt
- Jordan
- Lebanon
- Syria
- Uzbekistan
- Yemen
- The airspace above any of these locations.
If you served in one of these places and now have asthma, you should file a claim. The VA has a complete list of PACT Act presumptive conditions that you can review. This law finally gives veterans the recognition they deserve for these exposures and opens the door for many to receive disability benefits.
How to File Your VA Asthma Claim VA Disability for Asthma Burn Pit Exposure
Knowing you are covered is the first step. The next is actually filing the disability claim. While the PACT Act simplifies things, you still need to present a well-supported case to the VA to get your VA disability benefits.
Get a Current Medical Diagnosis
This is non-negotiable for any disability claim. The VA needs to see that a medical professional has diagnosed you with asthma. If you don’t have a formal diagnosis yet, your first step is to see a doctor and start getting VA health care.
The doctor will likely perform tests like a spirometry test. This measures how much air you can breathe in and out, and how fast you can do it. This test gives a key reading called the Forced Expiratory Volume in one second (FEV-1), which is crucial for your VA rating.
Having consistent medical records from VA health or a private provider strengthens your case. These records create a timeline of your symptoms and treatment. This medical evidence is the foundation of your entire claim for disability compensation.
Gather Your Service Records
You need to prove you were in a place where you were exposed to burn pits. Your DD-214 is the most important document here. It shows your dates and locations of service, proving you were in a qualifying location during the Gulf War era or later.
Make sure it clearly lines up with the locations covered under the PACT Act. Other helpful documents can include deployment orders, performance reviews that mention your location, or flight records. Any document that places you in the theater of operations helps establish your exposure.
Write a Personal Statement
This is your chance to tell your story in your own words. Explain when your asthma symptoms started. Describe how they affect your daily life and your ability to maintain employment.
Be specific in your statement. Do you have to use an inhaler multiple times a day? Do you wake up at night coughing and wheezing, which could be related to issues like sleep apnea? This personal touch helps the VA rater understand the real-world impact of your medical condition.
Talk about how your breathing impacts your ability to work, exercise, or even enjoy time with your family. This statement adds a human element to the medical facts. It bridges the gap between a diagnosis on paper and your daily struggles.
Collect Buddy Statements
Statements from friends, family, or fellow service members can be very powerful. Ask someone you served with to write about the military burn pit on your base. They can describe the smoke, the smell, and how common the exposure was for everyone.
Ask a spouse or family member to write about how they’ve seen your breathing difficulties change your life since you came home. These lay statements can corroborate your personal account of symptoms. They provide a different perspective on how your disability affects you.
Filing Your Claim
Once you have your evidence, it’s time to file. The claims process can be started in a few different ways:
- Online through the VA website.
- By mailing in a paper form.
For more complicated cases, especially if you have been denied before, consulting with a firm that specializes in disability law might be a good option. They can help you build the strongest possible case for your disability benefit. A supplemental claim can be filed if you have new evidence after a previous denial.
How the VA Rates Asthma for Disability
Once the VA approves your claim, they will assign a disability rating. This rating is a percentage that shows how much your condition impacts your ability to work and live a normal life. For asthma, disability ratings are 10%, 30%, 60%, or 100%.
The VA rating is mostly based on medical test results and the intensity of your treatment. The VA primarily looks at your FEV-1 score from your breathing tests. They also look at something called FVC (Forced Vital Capacity) and the frequency of exacerbations or attacks.
Here’s a general breakdown of how the VA rates asthma, based on the official VA rating schedule under Diagnostic Code 6602:
As you can see, objective medical evidence is critical. The percent disability rating you get directly affects the amount of monthly VA disability compensation you receive. So, making sure your doctor documents your test results and treatment plan correctly is very important to secure a fair VA disability rating.
A higher percent disability can significantly impact your financial stability. If you have multiple service-connected conditions, the VA uses a specific formula to calculate your combined rating. Each rating contributes to your total disability compensation.
What Happens If the VA Denies Your Claim?
Getting a denial letter is frustrating. But it is not the end of the line. You have the right to appeal the VA’s decision.
If you are denied, carefully read the decision letter. It will explain why the VA denied your claim. Maybe they said there wasn’t enough medical evidence, or maybe they made a mistake about your service location.
Understanding the reason for denial is the first step to a successful appeal. Don’t be discouraged by an initial rejection. The appeals system exists because the initial decision isn’t always correct.
You generally have three options to appeal a decision:
- Supplemental Claim: You can file this if you have new and relevant evidence to add to your case. For example, a new medical test or a buddy statement you didn’t include before can be submitted with a supplemental claim.
- Higher-Level Review: If you believe the VA made a legal or factual error, you can ask a more senior reviewer to look at your case again. You can’t submit new evidence with this option, as it is a review of the existing file.
- Board Appeal: You can take your case to the Board of Veterans’ Appeals. This is a more formal process, and you can request a hearing with a Veterans Law Judge to present your case directly.
The appeals process can take time. Many veterans who are initially denied find success on appeal, especially when they add more supporting evidence to their claim. Persistence is often rewarded in the VA disability claims system.
Conclusion
You served your country, and you were exposed to toxic fumes that made you sick. Now you live with the consequences every day when you struggle to take a deep breath. Filing a VA asthma claim VA disability for asthma burn pit exposure is your right.
Because of the PACT Act, the path is clearer than it has ever been. It acknowledges the debt owed to veterans like you who are suffering from conditions caused by these exposures. It simplifies establishing service connection for many who were part of the Gulf War.
Gather your medical records, document your military service, and tell your story. Don’t give up if you hit a roadblock. You are not just a case number, and this is a fight worth winning to get the VA disability benefits you and your family have earned for your sacrifice.