Since 1991, American forces have served in the Southwest Theater of Operations. To dispose of nearly all forms of waste, the military dug large burn pits. Every forward operating base (FOB) in the region used burn pits. See map below.
This region stretches from Somalia up to Uzbekistan, and all the countries in between.
The burned waste products include, but are not limited to:
Plastics,
Metal cans
Rubber
Chemicals,
Petroleum products,
Munitions
Wood waste, and
Medical and human waste.
Jet fuel (JP-8) is used as the accelerant. However, the burn pits do not properly burn the volume of waste generated. As a result, smoke blows over bases and into living areas.
The most infamous burn pit is at Joint Base Balad, Iraq. In 2008, the military found several deadly toxins in the air at Balad. They detected some of the same toxins found in Agent Orange and the groundwater at Camp LeJeune.
Unfortunately, this is not an isolated incident. Over a quarter of a million veterans have reported an illness they link to the burn pits.
I’ve never filed a VA claim before. How do I start a Burn Pit claim?
If you never filed a VA claim before, then you’ll need to file an Original claim. Per VA rules, you can only file an original claim using a VA Form 21-526EZ. The form asks for your Social Security number, dates of active duty service, branch of service, and other biographical information. Most importantly, you must briefly explain why your disability is related to your burn pit exposure.
In addition, you should also submit evidence to meet the 3 basic elements of any VA claim:
In-service event, disease or injury,
Current diagnosis of a disability, and
Medical nexus between the first 2 elements.
Is my condition related to Burn Pit exposure?
According to VA, toxins in burn pit smoke may affect the following body systems:
Skin,
Eyes,
Respiratory,
Cardiovascular,
Gastrointestinal, and
Internal organs.
However, this general information is not enough to prove a link to burn pits.
In most cases, this will be a medical question for your doctor. But remember: most civilian doctors are unfamiliar with burn pit exposure. You, the veteran, will need to provide context. This context will help your doctor figure out a link between your condition and the burn pit.
The following factors are critical:
Proximity, amount of time, and frequency of exposure
Military specialty
Pre-existing respiratory conditions
Wind direction and other weather factors
Types of waste burned.
If you were only exposed to burned human waste, then it is easy to research those toxins. There is a lot of science on this topic. However, a pit that also burned munitions, Styrofoam and chemicals requires more analysis. Likewise, a soldier who personally visited the burn pits has more exposure than one who did not.
New presumptive conditions
As of August 5, 2021, veterans don’t need to prove a link to burn pit exposure for these 3 conditions:
Asthma,
Rhinitis, and
Sinusitis.
For veterans with a qualifying period of service, VA no longer requires specific proof of exposure to burn pits. If you served in the Gulf War, Iraq, Syria, or Afghanistan, then you qualify. All you need to prove is a current diagnosis.
VA denied my burn pit claim. What now?
Hire an accredited VA representative.
There are so many rules and exceptions that apply to burn pit claims. Without a representative, you may not know if VA was wrong to deny your claim. Too many VA decision-makers deny claims if there is any doubt at all. However, this is not the correct standard.
Further, when VA denies a claim, it MUST explain why. VA must explain to the veteran which elements he successfully proved. With that knowledge, a veteran should focus on getting evidence for the unproven element(s). For example, if VA says you were never exposed to burn pits, then you need to develop evidence to the contrary.
An experienced representative can make all the difference in your case.
Are you entitled to VA compensation for burn pit exposure? The experts at Disability Help Group are standing by. Contact us for a FREE CONSULTATION.
A burn pit is an area devoted to open-air burning of trash and you can receive VA Compensation for burn pit exposure. During U.S. operations in countries such as Kuwait, Iraq and Afghanistan, the military commonly used burn pits for waste disposal. It was a very efficient way to get rid of large amounts of waste. The largest pit was about 20 acres long .
These burn pits disposed of various materials, such as:
Human waste
Body parts
Medical waste
Unexploded ordinance
Chemicals
Plastics and Styrofoam
Paints
Rubber.
Smoke from these pits contained toxins that may lead to serious health conditions. This is especially true for those who had prolonged exposure. This includes service members who personally dumped waste into a burn pit. In addition, those with pre-existing respiratory conditions were especially sensitive to the smoke.
Basic Eligibility
VA compensation is a monthly payment to veterans for disabilities related to service. However, VA will not start the process for you. You must first file a claim.
To win VA compensation, a veteran must satisfy the 3 basic elements of a VA claim:
In-service event, disease or injury,
Current diagnosis of a disability, and
Medical nexus between the first 2 elements.
The first step is to prove you were exposed to burn pits during your active duty service. If you served in the Southwest Asia Theater of Operations, then your DD Form 214 should confirm this. Absent official service records, obtain statements from buddies who witnessed your exposure to burn pits.
Second, the veteran must have a current disability. The time between exposure and diagnosis will vary based on several factors. For example, the toxins from burned human waste may affect the body differently than those from burned Styrofoam.
Even so, a short-term adverse reaction to the smoke is not enough. Shortly after burn pit exposure, many veterans develop medical conditions. However, many do not develop disabilities until years after discharge.
Third, VA requires proof that the condition you suffer from today was caused or aggravated during service. This usually takes the form of a medical nexus letter. Only a medical professional should write a disability nexus letter. In limited circumstances, non-doctors such as physician’s assistants and nurse practitioners can write them. However, VA will find a disability nexus letter more persuasive if written by a doctor in the relevant specialty.
Does Every Burn Pit Claim Need a Medical Nexus Letter?
Not every burn pit claim needs a nexus letter because in some cases, the link to service is undeniable. For example, if your service records note a disability you still suffer from today, then VA would probably grant a claim for that disability without a nexus letter. As of August 2021, VA will concede that burn pit exposure causes certain health conditions. These are known as burn pit presumptive conditions.
New presumptive conditions, you can receive VA Compensation for burn pit exposure.
On August 5, 2021, VA issued a new rule to remove the medical nexus requirement for 3 conditions:
Asthma,
Rhinitis, and
Sinusitis.
This rule removes the medical nexus requirement for certain veterans. But that’s not all. It also makes it easier to prove burn pit exposure. For veterans with a qualifying period of service, VA no longer requires specific proof of burn pit exposure to burn pits. If you served in the Gulf War, Iraq, Syria, or Afghanistan, then you qualify. In those cases, all you need to prove is a current diagnosis.
Why does VA keep denying my burn pit claim?
VA has been slow to recognize the science linking serious conditions to burn pit exposure. Because the decision-makers don’t see a link, they tend to deny the claims.
The Secretary of Veterans Affairs recently talked about this . He conceded that many vets have come home with ailments that their doctors believe are a result of burn pit exposure. VA has recognized burn pits cause asthma, rhinitis and sinusitis. However, VA has yet to accept the scientific link to many more serious conditions.
Secretary McDonough cited a critical example. A female veteran was trying to stay healthy in Fallujah, Iraq. She went running daily around a burn pit. When she informed her doctor, he said she should get tested early for breast cancer. It turned out she had stage 4 breast cancer at the age of 38. The science indicated she was way too young to have such an advanced stage cancer.
When VA denies a claim, the veteran can file an appeal. However, appeals can take years to win. With such an advanced cancer, this veteran may not survive before VA decides the appeal. This is grossly unfair to veterans who served our country with honor.
Are you entitled to VA compensation for burn pit exposure? The experts at Disability Help Group are standing by. Contact us for a FREE CONSULTATION.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652.
You can receive VA Compensation for burn pit exposure.
Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
Because memory deficits are common VA TBI residuals, a veteran should always have an advocate. Disability Help Group specializes in TBI cases and is here to answer your questions now.
Adam Neidenberg is a SSD Expert that has represented thousands of Social Security disability claimants. Mr. Neidenberg is co-founder of Disability Help Group, exclusively representing Social Security Disability and Veterans Disability claims.
Work with a disability expert
Mr. Neidenberg and Disability Help Group guide you through the disability process. They can help at any stage of the application process. Specifically, you can receive help with:
Filing all paperwork
Finding/collecting medical records
Assistance with applications, questionnaires and appeals
Frequent case follow up
Filing for disability
Social Security and Veteran’s Administration have specific definitions of disability. Mr. Neidenberg and Disability Help Group Advocates know the process. They help you understand these definitions. Mr. Neidenberg and Disability help Group assist you in getting the right evidence to support your claim. They assess the strengths and weaknesses of your case. Mr. Neidenberg and Disability Help Group know what it takes to get a case approved.
Winning case study 1
For example, Joanna applied for disability benefits. She was unable to work due to severe anxiety and depression. She also had chronic back pain. Unfortunately, Joanna only saw her primary care doctor. Social Security denied her claim. Joanna turned to Disability Help Group for help with her appeal. Joanna’s advocate recommended she see a psychiatrist for her depression and anxiety. Her advocate also advised her to see a specialist for her back. Joanna began treatment with specialists. Her new medical evidence showed that Joanna’s symptoms severely interfered with her daily activities. Social Security approved her claim.
Disabled Veterans
Frequently, veterans apply for both VA and Social Security benefits. However, VA and Social Security benefits have different requirements. Mr. Neidenberg and Disability Help Group have helped with many cases. They understand the complicated processes for both claims. Mr. Neidenberg and Disability Help Group provide guidance through the application process to maximize your benefits.
Winning case study 2
For example, a veteran applied for disability benefits for PTSD. During his Social Security disability hearing, he testified that he witnessed a young girl get hit by a vehicle while on patrol during his service. He testified t hat since his service, he started blacking out and became violent. The veteran’s advocate presented medical evidence documenting his symptoms. The judge’s decision included a summary of his testimony. His advocate was able to submit his decision to the VA. This helped establish that his PTSD was connected to his service. The VA increased the veteran’s disability rating.
Experienced hearing advocate
Often, SSD cases require a hearing. Working with Mr. Neidenberg and Disability Help Group gives you a valuable advantage at the hearing levels. Mr. Neidenberg and Disability Help Group advocates have a lot of experience appearing at hearings. They know the judges. They walk you through the hearing process. Therefore, you will be prepared for your hearing.
Winning case study 3
To illustrate, Jose, 57, filed for disability benefits after injuring his back. He previously worked as an armed security guard. Social Security denied his claim. They felt he could return to his past work as a security guard. Jose turned to Disability Help Group for assistance. Jose’s advocate reviewed his work history. Jose’s advocate helped him explain his job to the judge in more detail. Since Jose’s job was classified properly, the judge was able to approve his case.
Knowing the disability rules
Mr. Neidenberg and Disability Help Group present your case to give you the best chance of winning. Social Security has special rules for people over the age of 50. These rules are known as “Grid Rules.” Mr. Neidenberg and Disability Help Group understand these rules. They can tell you if these rules apply in your case.
Winning case study 4
Moreover, Edward applied for disability benefits because he had arthritis in his knees. He was 62 years old and worked as a painter for many years. Edward turned to Disability Help Group for help with his application. His advocate advised Edward that he needed x-rays and imaging of his knees, get a prescription for the cane he used. At hearing, Edward’s advocate pointed this evidence out to the judge. The advocate also pointed out that rule that would allow the judge to approve Edward’s case. The judge agreed and Edward’s case was approved.
Winning case study 5
Lastly, Carmen, 51, applied for disability due to coronary artery disease, depression and anxiety. She previously worked as an office manager and dental assistant, stopped working due to frequent shortness of breath and low energy, had trouble concentrating and remembering things. Carmen enlisted Disability Help Group to help her with her claim. Carmen’s advocate pointed out medical evidence at hearing that showed she could no longer perform complex tasks. She also pointed out evidence that showed Carmen had trouble standing and walking for long periods. Since the judge found Carmen couldn’t do her past work, he approved her case.
Getting help with your disability claim
Mr. Neidenberg and Disability Help Group can help you at any stage in the disability process. Disability Help Group answers all your questions. If you’ve been denied, Disability Help Group will help file your appeal. Get the help you need now.
Call Now for a Free Case Review, 800-700-0652
Make sure you start your SSDI and VA disability claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
Adam Neidenberg is co-founder of Disability Help Group. He has been litigating claims since graduating law school in 1996. Once he became an experienced trial attorney, he began focusing on representing disabled individuals. Mr. Neidenberg has represents thousands of disability claimants and provides training to Disability Help Group advocates by teaching them how to assess legal issues, present evidence in cases, and cross examining experts.
Adam Neidenberg is an Expert Disability Advocate
Adam Neidenberg has achieved much in life and feels a sense of pride in his ability to help disabled people receive the disability benefits they deserver. Some of Mr. Neidenberg’s educational and professional accomplishments include:
Firstly, University of Florida, Undergraduate Degree, 1993.
Secondly, Hofstra University, Juris Doctor, 1996.
Thirdly, Florida Bar Association
Fourthly, 11th Circuit Federal District Court
Moreover, United States Court of Veterans Appeals for Veterans Claims.
Finally, Department of Veterans Affairs Accredited Attorney.
Getting the Help You Deserve
Mr. Neidenberg provides specialized services in disability law. Disability Help Group’s experienced advocates can help you with your Social Security disability or Veteran’s disability claims. We can help you understand which are the most advantageous disability rules for your claim. Mr. Neidenberg and Disability Help Group help you build the strongest case possible.
The Application Process
Mr. Neidenberg and his dedicated team help you file your disability claim. We focus on making sure your disability application is accurate and complete. Complete applications give you a better chance of winning your case at the earlier stages of the disability process.
Understanding the Disability Process
Mr. Neidenberg and his team make sure you are in good hands during the Social Security disability process.
Firstly, provide an educated staff to answer your questions
Secondly, check on the status of your case regularly
Thirdly, ensure Social Security processes your case correctly
Fourthly, make sure documentation is submitted timely
Adam Neidenberg is an Experienced Hearing Advocate
Adam Neidenberg and Disability Help Group prepares you for you for your disability hearing. Your advocate fully reviews your file. We obtain any missing medical evidence you need and will discuss with you the questions the judge will ask you. In addition the the administrative judge, there may be a vocational and/or medical expert that may be involved in your hearing.
Adam Neidenberg and Disability Help Group know what it takes to win your case.
Case Study 1: Adam Neidenberg Disability Help Group
Donald had a car accident and hit his head losing consciousness. Following his accident, Donald started having frequent headaches. He also had problems with his balance, memory, and concentration. As a result, he became irritable easily. After applying for disability, Social Security denied Donald’s case twice. Donald hired Adam Neidenberg as his disability advocate. When we reviewed the file, it was clear that his doctor did not provide the necessary descriptions of Donald’s symptoms. Therefore, it was necessary to resolve the issues with the medical evidence. Once the issues were resolved, Donald had a hearing in front of an administrative law judge who found that Donald missed work frequently and determined that Donald met the Social Security disability rules and his case was approved.
Case Study 2: Adam Neidenberg Disability Help Group
Anne injured her neck in a car accident. She required cervical spinal fusion surgery, however, surgery did not help improve her symptoms. Likewise, she developed numbness and tingling in her arms., causing her problems using her hands. Disability Help Group made sure that Social Security received all of Anne’s records. Anne’s advocate suggested certain tests that could help her case, also provided additional forms for Anne’s doctor to complete. Ultimately, Social Security found that Anne was unable to work and approved her case.
Working with a Disability Expert
The Social Security Disability process and rules can seem very confusing. For example, there several states in the process, an initial application, reconsideration, hearing, appeals council, and federal appeals. In addition, within each stage in the process there are has various forms that need to be completed and distinct rules that need to be followed. It is important that you hire an expert that understands how to apply the rules to your case that will benefit you. For example, Social Security has rule that makes it easier for people over the age of 50 to win their case.
Case Study 3: Adam Neidenberg Disability Help Group
Janet, a 51 year old woman, applied for disability based on coronary artery disease, depression and anxiety. She previously worked as a medical assistant. She was unable to continue working because she suffered from frequent chest pain and swelling in her legs. Due to her depression and anxiety symptoms, she had trouble concentrating and remembering things. After being denied for disability by Social Security, Janet hired Disability Help Group. Thereafter reviewing her file, we found that Janet did not provide Social Security with her psychiatrist’s information. Her advocate requested her psychiatrist’s records and with the addition of these records, the judge found that Janet could not stand for long periods of time. She also could not perform complex tasks. Therefore, she could not return to work as a medical assistant. Since Janet was over the age of 50, the judge was able to approve her case.
Call Now for a Free Case Review, 800-700-0652
Make sure you start your SSDI and VA disability claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
