HCBA Lawyer Magazine Vol. 30, No. 4 | Page 45

Continuedfrompage42 While deployed, affected servicemembers routinely suffered from “The Crud,” a colloquial term for flu-like symptoms. Today, over a decade after returning, deployed veterans report respiratory disorders, autoimmune disorders, and cancers at significantly higher rates than non-deployed populations. Determining these disabilities’ relationship with burn pit exposure is difficult because they often lack a conclusive etiology or pathophysiology. Many develop several years after exposure, so intervening factors confound a cause-effect analysis. For others, medical testing indicates few (if any) abnormalities, so doctors cannot pinpoint a clear cause. Veterans seeking disability benefits from the U.S. Department of Veterans Affairs (VA) face a steep uphill battle despite the relatively low “as likely as not” legal standard of connecting their disabilities to military service. The VA’s stance is that research does not adequately link burn pit exposure to long-term health problems, so it denies 80 percent of burn-pit related claims, deeming the conditions are either not diagnosed or not sufficiently connected to military service. This scenario of toxic exposure, enigmatic disabilities, and high VA denial rate parallels that of Vietnam War-era veterans exposed to Agent Orange and other herbicides. They have been fighting for decades to receive treatment and compensation for their herbicide-related disabilities. Congressional action to ensure burn pit veterans receive VA benefits has been slow. Every year, legislators eagerly announce bipartisan bills that would press the VA to provide benefits to more burn pit veterans. However, measures that would cost significant money fade away during the budgeting process and end up as incremental measures rolled into the National Defense Authorization Act (NDAA). The 2019 NDAA merely required DoD and VA coordination in understanding burn pit effects and implementing a burn pit registry education campaign. Similarly, the 2020 NDAA only required the VA to integrate its burn pit registry into health records and required the DoD to disclose all burn pit locations and make a plan to phase out burn pit use. With VA stonewalling, and no effective legislation to end it, Post-9/11 veterans’ fight for VA benefits will likely continue for decades, as it has for Vietnam-era veterans who were exposed to toxic herbicides more than forty years ago and are still fighting for their benefits to this day. Do you have office space for rent? Advertise it in the Lawyer magazine by emailing [email protected]. Author: Ronald “Rocky” Roodhouse, LL.M. - Advocate for Burn Pits 360 Get SOCIAL wItH tHe HCBA On fACeBOOk, twItter, LInkedIn And InStAGrAM! MAR - APR 2020 | HCBA LAWYER 43