Gulf War Progress Ebennies!! Hmmm..

[SecurityForces03]

Hi everyone,

Filled a claim for some gulf war related issues about 4 months ago.

My claim sat in the "under review" section for 3 months. Today, I see "prep for decision". 

Having been a long time fighter with the VA, this is the first time I have not been to a C&P exam. I'm a bit confused. Am I jumping to conclusion thinking it was all denied?

Any help would be appreciated!!!

Edited December 18, 2015 by SecurityForces03
Prep for decision

[ArNG11]

I did the registry exam at the OKC VA and I did the Airborne Hazard and Burn Pit registry but to date I haven't received any notifications or anything of the like.  The other thing I did was join the Class Action lawsuit against KBR. It's currently in the  Circuit Court of Appeals. Motley Rice is the firm that I chose to go with.  

Here's a sample time line of their progress:

 

 

Dedicating your life to your country doesn’t mean that your life should be put at completely unnecessary risk, but there’s a very real chance that this is what happened to U.S. military service members, veterans and civilian contractors when open-air burn pits were maintained on or near American military bases in Iraq and Afghanistan. 

JAN. 20, 2015

CASE UPDATE:  

The U.S. Supreme Court turned down an interlocutory request by KBR to review its case. KBR has argued that it can’t be held liable for wartime decisions made by the U.S. military. 

In 2010, the case Jobes v KBR, Inc. et al alleged that prolonged exposure to burn pits’ smoke, ash and fumes caused injuries suchas chronic illnesses, risk of illnesses and wrongful death. The veterans and contract workers bringing the suit claim that the contractors responsible for these open-air burn pits had a duty to warn them of the health and safety issues involved with working near the pits, but failed to do so. These lawsuits have been consolidated in In re KBR Inc. Burn Pit Litigation before the Honorable Judge Roger W. Titus in the U.S. District Court for the District of Maryland, Greenbelt Division.

This consolidation of lawsuits alleges that KBR, a government contractor, exposed American servicemembers and civilian contract workers to harmful fumes from its unauthorized use of open-air surface burning as a means to dispose of vast quantities of unsorted waste, including hazardous waste, medical waste, and human waste, at military facilities in Iraq and Afghanistan.  Exposure to harmful fumes from these burn pits is alleged to have caused these American servicemembers and civilian contract workers to contract various serious injuries. The burn pits specifically addressed in the KBR lawsuit varied in size and location.

Alleged burn pit locations >

BURN PIT EXPOSURE SYMPTOMS

Exposure to harmful toxins in Iraq and Afghanistan may result in diagnoses and symptoms, including:       

• Allergy-like symptoms
• Asthma
• Breathing restrictions
• Cancers (including but not limited to lung, brain, bone and skin)
• Chronic bronchitis
• Chronic coughs
• Constant infections
• Cramps and severe abdominal pain
• Diarrhea
• Leukemia
• Lung cancer
• Nose bleeds
• Pulmonary injuries
• Restrictive Airways Disease (Bronchiolitis) 
• Serious heart conditions
• Severe headache
• Skin infection
• Sleep apnea
• Throat infections
• Ulcers
• Unexpected weight loss
• Vomiting
• Weeping lesions on extremities

*Note: this list is not inclusive of all potential symptoms or illnesses

A BRIEF HISTORY OF BURN PIT LITIGATION

October 2009
President Obama signs the National Defense Authorization Act into law. This Act includes an amendment banning the improper use of burn pits, as well as requires the Department of Defense to thoroughly investigate burn pit effects on troops and explore alternative means of waste disposal.

November 2009
The Senate Democratic Policy Committee holds a hearing on contractor abuses and corruption in Iraq and Afghanistan, and discusses the health risks associated with the continued use of open-air burn pits.

September 2010
Burn pit lawsuits across the country are consolidated in In re KBR Inc. Burn Pit Litigation, and a motion by the defendants to dismiss for lack of subject matter jurisdiction is denied by the U.S. District Court for the District of Maryland.

October 2010
In response to a request by Congress, the U.S. Government Accountability Office released a report titled “Afghanistan and Iraq: DOD Should Improve Adherence to its Guidance on Open Pit Burning and Solid Waste Management,” specifically pointing out that standards for burn pit operations were not met in four surveyed burn pits; three of which were operated by the defense contractors in question.

March 2011
Two representatives for the Department of Defense give a joint statement to the House Armed Services Committee and the Military Personnel Subcommittee, stating that programs are being established to replace as many burn pits as possible in Afghanistan, and all burn pits servicing more than 100 people were closed in Iraq.

January 2013
A bill is signed into law to create a registry of U.S. servicemember  who become sick after working around burn pits or military bases in Iraq and Afghanistan.

February 2013
The U.S. District Court for the District of Maryland dismisses the burn pit lawsuits consolidated in In re KBR Inc. Burn Pit Litigation.

March 2014
The U.S. Court of Appeals for the Fourth Circuit vacates the district court’s decision and remands In re KBR Inc. Burn Pit Litigation back to the district court for further proceedings.

January 2015
The U.S. Supreme Court turns down an interlocutory request by KBR to review its case.

There is like 53 sites in Iraq and 9 in the Afghanistan area.  8 in other undisclosed areas.  I didn't recognize the names in the last 8.  It's an interesting case.

Edited December 21, 2015 by ArNG11
promo

[Carl the Engineer]

Camp Adder, I made the list....

Hamslice

Allready registered a long time ago......

[SecurityForces03]

I was in a location, a "Stan" with a few other airman. That was it. Living conditions made some parts of afghan look like the ritz Carlton. Just wanted to be a little humorous. PM me if you wanna know where and the details of it.

Looking at the list above, I was making check marks on several of those issues. Like many have said on this forum, never stop fighting.

[SecurityForces03]

Oh yeah, it's still sitting in "prep for decision". I hope whoever is reviewing it, decides to send me to a C&P exam. I hope so anyways.

[ArNG11]

Oh yeah, it's still sitting in "prep for decision". I hope whoever is reviewing it, decides to send me to a C&P exam. I hope so anyways.

Wish you the best.  Hope the evidence is so overwhelming the VA decides in your favor without the exam.  

[bcnandprn]

Camp Adder, I made the list....

Hamslice

Allready registered a long time ago......

Did I miss the list of sites?  I scanned the case online, but I may have overlooked it.  Where do I find the list of camps?  I was in Iraq from May 2003 to July 2004 and we were around quite a few burn pits.  I have a gulf war exam with the KCVA Hospital in January.  What should I be asking when I'm there?  I have heard that CFS, Fibromyalgia, and IBS are all presumptive now as long as you have a diagnosis and evidence that you served in the gulf area.  My doctor diagnosed Fibromyalgia recently, but I've been complaining on all the symptoms for years with all my blood tests coming back normal, so I feel like they had no choice but to call if Fibro.  The VA did not evaluate me for CFS on my new C&P exam and I got a SOC that stated that my service records do not show that I had struggled with CFS; however, my service records clearly state it on numerous documents, so once again, the VA failed to look at my service records.  GRRRR!!!