Court Rules on burn pit causes cancers.

[Buck52]

http://www.foxnews.com/world/2018/02/15/court-determines-military-burn-pits-caused-lung-disease-in-service-members.html

A lot of Veterans are going to get their benefits that are  way overdue  on this Ruling.

to the tune of some 64.000 Veterans

Great News.

Edited February 15, 2018 by Buck52

[Berta]

I wonder how long it will take the VA to develop regulations for this.

The Agent Orange Settlement Fund was a lawsuit against  DOW Chemical and 6 other manufactors of AO, settled in 1984.

In his lifetime my husband received payment from the fund, twice and I received a settlement check after he died.

Although the criteria for being a class action member was only that the veteran served in Vietnam, and also had a total disabling disability, the VA has never recognized this lawsuit to service connect veterans with a 100% disability that is Not on the AO prsumptive list.

This is why I hope stroke gets onto the AO presumptive list. I still have the award letters  from the Federal District Court that paid out the proceeds.

Also any vet who received an award from this lawsuit, has an award that states they are Permanently and Totally disabled by Agent Orange exposure, and it is signed by a Federal Judge.

http://www.nytimes.com/1984/05/08/nyregion/veterans-accept-180-million-pact-on-agent-orange.html?pagewanted=all

My point is this....some vets with awards letters from  the  1984 Settlement fund, by now, might have secured a  100% P & T rating for the  same disability then, that VA has made presumptive  and service connectable since. The AO fund award letter is good evidence for that rating.

But many will never get onto the AO presumptive list,and many by now are dead.

Hopefully VA will act fast on developing Burn Pit regulations.

 

 

 

[Buck52]

Yes the  burn pits have their own registry (created by the VA)

The decision marks a victory for the nearly 64,000 active service members and retirees who have put their names on a Burn Pit Registry created by the Veterans Administration, bringing them one step closer to getting adequate medical coverage, something that has never been guaranteed. Private contractors who were also exposed to the burn pit toxins also have been denied coverage.

I hope it don't take the VA Long to write up the Regs Like it did for us Vietnam Veterans. But this ruling give hope.

[Berta]

Buck there have been burn pits awards for direct SC.

 

In part:

"In a December 2014 VA opinion, the examiner opined that the Veteran's cough, nasal congestion, and "sinus/allergy symptoms" were all at least as likely as not related to environmental exposure in Iraq from the burn pit. The examiner explained that these conditions can all be caused by potential respiratory toxins."

"ORDER Service connection for a psychiatric disorder, including PTSD and generalized anxiety disorder, is granted. Service connection for a vestibular disorder characterized by dizziness and imbalance as a manifestation of service-connected traumatic brain injury is granted. Service connection for sinusitis, rhinitis, and a persistent cough is granted."

https://www.va.gov/vetapp17/files1/1700131.txt

Here is another one:

In part:

"The Veteran referenced a December 20, 2006 memorandum on file on the subject of burn pit health hazards, by the Bioenvironmental Engineering Flight Commander, at Balad Air Base, Iraq; the cited memorandum noted that the burn pit at Balad Air Base had been identified as a health concern due to exposure to the smoke resulting from open burning of solid wastes identified therein. The author opined that there was an acute health hazard for individuals and the possibility for chronic health hazards associated with the smoke exposure."

"The medical evidence on file shows that during his period of active service in 2005, soon after arriving at the Balad Air Base in Iraq the Veteran developed upper respiratory symptoms. Service treatment providers at that time diagnosed rhinitis and a July 2005 post-deployment health assessment linked the upper respiratory symptoms to the dust and smoke the Veteran was exposed to during the 2005 deployment. The Veteran is competent to report the upper respiratory symptoms first experienced in service, and to report the continuity of those symptoms since service, which have been diagnosed as rhinitis during the appeal period. On that basis, and after resolving reasonable doubt in the Veteran's favor, the Board finds that the evidence overall establishes the etiological relationship of the Veteran's chronic rhinitis to his period of active service in 2005. See 38 C.F.R. § 3.310."

https://www.va.gov/vetapp15/files4/1532266.txt

(This vet did his homework)- that memo he got could help other burn pit vets as well.

Here is another one-

The vet was deployed to Kuwait and Iraq and exposed to burn pits.

https://www.va.gov/vetapp16/files1/1607096.txt

 

 

[Buck52]

Yes I agree with ya Ms berta on these conditions.

 but this is for lung disease and other related health problems that lung disease can be the cause to caused from the burn pits. 

Edited February 15, 2018 by Buck52

[Vync]

Good to know the court found in favor of burn pit victims

[Carl the Engineer]

I've been on the burn pit registry since it started.  Luckily, I do not have any maladies yet related to same.

Time will tell,

Hamslice

I was in Iraq in 03 and we burned our crap for at least 6 months before the portopotties showed up.  5 gallons of diesel and light er up.  That and the dump that burned everyday and night while we were there.  I still think the moon dust we walked in will be worse once they figure that out.