BurnPits : PresumPtionsAtLAst
Military & Veterans Affairs Committee Chairs : MattHall – HillWardHenderson & AlexSrsic – BayAreaLegalServices
veteransandadvocates alikeareenthusiastic aboutthesenew presumptions , butthereis stillprogresstobemade .
For decades , veterans who served during Operations Iraqi Freedom and Enduring Freedom have been asking the U . S . Department of Veterans Affairs ( VA ) to presume certain disabilities were caused by their military service . Specifically , these veterans argued that the toxic fumes released by the constant burning of hazardous waste made them ill .
On May 27 , 2021 , the VA announced it would establish a list of presumptive conditions due to a National Academies of Science and
Medicine report and various other studies showing a high prevalence of respiratory conditions among veterans who served near burn pits and other environmental hazards . 1 Now , veterans who served in Iraq , Afghanistan , Djibouti , Syria , or Uzbekistan after September 2001 and received a diagnosis of asthma , sinusitis , or rhinitis within ten years of separation from the military are presumed to have been exposed to harmful particulate matter .
This presumption will greatly assist these Gulf War veterans in obtaining hard-earned disability
benefits , as two of the three elements of service-connection would be met automatically . Instead of having to prove an in-service event , a current disability , and a nexus between the two , they only have to show evidence of a current disability . Essentially , a diagnosis from a doctor would establish entitlement to benefits .
Until now , it was nearly impossible for these veterans to prove that their medical issues were caused by their time in service . Open-air burn pits are exactly what
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