Iowa Veterans Lawyer

VA Accredited Attorney, Practicing throughout Iowa in Veterans Disability, Pensions/Survivors Benefits, and VA Appeals

Category: Veterans Legal News

Compensation for Exposure to Burn Pits

Deployed vets worldwide have been exposed to a range of respiratory ailments associated with burn pits.  This is a growing area of disability among veterans, particularly those who served in Iraq or Afghanistan.

Burn pits are open areas where trash was burned to facilitate disposal.  Smoke from materials that were combusted in these pits contained many substances that, when breathed, cause acute and chronic health issues.  Due to the presence of plastics, chemicals, paints, medical and human waste, ordnance, rubber, oils and lubricants, and wood in these burn pits, veterans were exposed to a wide variety of chemical and toxic agents.  These toxins can end up affecting the skin, respiratory organs, eyes, and even heart, gastrointestinal (stomach/intestines), and other organ systems.

While it’s recognized by the VA and the scientific community that exposure to many of these burned materials can be harmful, there is still some dispute as to the role of these materials in health and disability.  The VA is studying exposure and the health of those who have been exposed.

VA has established an Airborne Hazards and Burn Pit Registry.  Most vets who deployed after August 2nd, 1990 can join the registry (SW Asian theater) or Afghanistan or Djibouti after September 11th, 2001.

Access the Burn Pit Registry at http://veteran.mobilehealth.va.gov/AHBurnPitRegistry/#page/home.  Those eligible to participate in the registry are also eligible to obtain an optional, no-cost, in-person medical evaluation (not a formal disability examination).

Most VA medical centers also have an individual who is assigned as an Environmental Health Coordinator, who can provide additional information.  Any veteran can file a claim for disability compensation for health problems they believe have an origin in burn pit exposure.  For assistance with any denial of a claim for benefits, contact Iowa veterans’ attorney Joel Fenton at 515-480-1542 or joelfentonlaw@gmail.com.

Why hire an attorney to assist on a VA claim? What about NOVA membership?

Veterans who are trying to navigate the complex bureaucracy of the Veterans’ Administration can enlist the aid of a skilled veterans’ law attorney to greatly increase their chances of a favorable outcome.  The legal training and experience of an attorney who is familiar with these kind of cases, as well as disability law and medical issues is invaluable in determining if a veterans’ claim has merit, and what the best evidence and legal arguments are to prove that claim.

Membership in NOVA (National Organization of Veterans’ Advocates) is a key indicator that an attorney is knowledgeable and experienced in veterans’ claims. Members must be:

  • actively engaged in representing claimants pursuing VA benefits and accredited by the VA;
  • must agree to minimum standards of practice in representation of a veteran, including thorough review of the claims folder and timely filings and responses to all VA and Court designated timeframes for filings, pleadings, and motions;
  • must attend one Continuing Legal Education (CLE) course specific to veterans’ law, and certify attendance and accreditation to NOVA.  Sustaining member must attend periodic NOVA national conferences where experienced practitioners gather to share ideas and learn about new developments in the law.

Joel Fenton is an attorney who practices in veterans’ benefits law, and is a sustaining member of NOVA.  Contact Joel to discuss your claim for benefits at (515) 480-1542 or joelfentonlaw@gmail.com.

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