VA Disability Claim for Burn Pit Exposure: Complete Guide 2025

Bottom Line Up Front

Burn pit exposure during military service creates VA presumptive conditions requiring no nexus letter. The PACT Act (Preventing All Cigarette Trafficking Act, extended to burn pits) established presumptive conditions for veterans exposed to burn pits in Iraq, Afghanistan, and other locations. Qualifying conditions include respiratory disease, asthma, COPD, and lung cancer. Veterans need only prove military service in a burn pit location and presence of presumptive condition; VA assumes causation. Processing time 90-120 days; approval rates 85%+ for properly documented claims. Simple filing process: much easier than proving nexus for other conditions.

What Are Burn Pits and Burn Pit Exposure?

Background

Military waste disposal: Forward Operating Bases (FOBs) used large open pits to burn garbage, munitions, hazardous waste
Chronic exposure: Veterans stationed at bases with burn pits exposed continuously
Smoke inhalation: Daily smoke inhalation containing unknown chemical compounds
Respiratory effects: Chronic exposure causes respiratory disease years after service
Major burn pit locations: Camp Lejeune, Kandahar, Balad Air Base, Al Asad Air Base, and numerous other locations

Health Effects

Respiratory disease onset typically 5-15 years post-exposure
Conditions include: asthma, COPD, bronchitis, lung cancer, pulmonary fibrosis
Cumulative exposure causes progressive lung disease
Many veterans unaware burn pit exposure caused symptoms

Presumptive Conditions for Burn Pit Exposure

VA-Recognized Presumptive Conditions (As of 2025)

Respiratory Conditions:

Asthma (new-onset post-exposure)
Chronic obstructive pulmonary disease (COPD)
Chronic bronchitis
Emphysema
Interstitial lung disease
Pulmonary fibrosis
Constrictive bronchiolitis
Pleuritis
Tuberculosis (mycobacterium tuberculosis)
Fungal respiratory infections (including coccidioidomycosis)

Neurological Conditions (Added 2023):

Amyotrophic lateral sclerosis (ALS)

Gastrointestinal Conditions (Pending):

Specific GI conditions being evaluated

Note: VA regularly updates presumptive list. Check VA.gov for current conditions.

Eligibility Requirements

Service-Related Burn Pit Exposure Requirement

Proof of Exposure to Burn Pits:

Military service in Iraq, Afghanistan, or other locations with burn pits (See VA list of exposed locations)
Dates of service at exposed location
Military records showing service at base with burn pit
Service records, deployment documentation

Major Burn Pit Locations:

Iraq: Balad Air Base, Al Asad Air Base, Al Taqaddum, numerous FOBs
Afghanistan: Kandahar, Bagram, numerous FOBs
Kuwait, Qatar, Saudi Arabia (specific bases)
Other deployment locations

Helpful Resource:

VA provides database of bases with burn pits
Search VA website for "Burn Pit Exposure Locations"
If service records show base, likely burn pit exposure occurred

Presumptive Condition Requirement

Medical Diagnosis of Presumptive Condition:

Diagnosed by medical provider (VA or private)
Documented in medical records
Meets diagnostic criteria for condition (e.g., asthma diagnosis requires specific testing/criteria)
Diagnosis can be at any time post-exposure (even decades later)

Evidence Requirements and Eligibility Documentation

Proof of Service at Burn Pit Location

Military Service Records:

Discharge papers (DD 214)
Military service record showing deployment dates and locations
Official military records confirming service at exposed base
Most Important: Service record listing base location during burn pit operational period

If Records Missing:

Buddy statements (written by fellow service members confirming service location)
Military unit history documentation
Photographic evidence (if available)
VA accepts multiple forms of evidence if official records unavailable

Medical Evidence

VA Medical Records:

Diagnosis of presumptive condition documented
Medical provider explicitly diagnoses condition (not just "possible asthma," but "asthma diagnosis")
Medical documentation supporting diagnosis

Private Medical Records:

Pulmonologist or relevant specialist diagnosis
Pulmonary function tests (for respiratory conditions)
Chest X-rays or CT scans
Medical documentation of condition

Diagnostic Testing:

Pulmonary function tests (PFTs): measure lung capacity, airflow
Chest imaging: X-ray or CT showing changes consistent with diagnosis
Lab work: as relevant to specific condition

Supporting Documentation

Personal Statement:

Timeline: when deployed to burn pit location
Description of burn pit exposure: "Daily exposure to burn pit smoke at [base name]"
Symptom onset: when respiratory symptoms began
Progression: how condition has worsened over time

Family Corroboration:

Family member statement describing symptom progression
Examples of condition impact on daily life
Timeline of symptom development

Step-by-Step Filing Process (Simplified)

Step 1: Confirm Service at Burn Pit Location (Week 1)

Gather Service Records:

DD 214 (discharge papers)
Military service documentation showing deployment
Confirm service dates and base location

Verify Exposure:

Check VA burn pit location list
Confirm base where you served had burn pit
If unsure, file anyway; VA will investigate

Step 2: Obtain Medical Diagnosis (Weeks 1-4)

If Already Diagnosed:

Gather medical records documenting presumptive condition diagnosis
Ensure diagnosis is explicit (not just "possible" or "suspected")

If Not Yet Diagnosed:

Schedule appointment with VA primary care or relevant specialist
Request evaluation for respiratory condition
Request diagnosis of presumptive condition (asthma, COPD, etc.)
Pulmonologist referral may help strengthen diagnosis
Timeline: 2-8 weeks

Step 3: Prepare Simplified Claim (Week 5)

Use Form 21-0960 (Standard Disability Claim):

Mark this as presumptive condition claim
List presumptive condition (e.g., "Asthma presumptive to burn pit exposure")
Service location: name base where exposed to burn pit
Service dates at that location

Simplified Narrative: "I am claiming [presumptive condition] presumptive to burn pit exposure. I served at [base name] from [dates]. This base had active burn pits during my service. I have been diagnosed with [condition], a presumptive condition for burn pit exposure. I am attaching documentation of my service and medical diagnosis of the presumptive condition."

Step 4: Compile Documentation Package (Week 6)

Presumptive Burn Pit Claim Package (Simplified):

Form 21-0960
DD 214 (proof of military service)
Service records showing deployment to burn pit location
Medical diagnosis of presumptive condition
Diagnostic testing (if available: PFTs, chest imaging)
Personal statement describing exposure and symptom timeline
Family statement (optional but helpful)

NO NEXUS LETTER REQUIRED (This is key advantage of presumptive conditions)

Step 5: File Claim (Week 7)

Filing Options:

Online at VA.gov (fastest, recommended)
Mail to VA Regional Office
In-person at local VA Medical Center

Key Advantage:

No need to prove nexus (VA assumes causation)
Much simpler than proving causation for non-presumptive conditions
Higher approval rates due to presumptive nature

Timeline and Examples

Processing Timeline: 90-120 Days

Typical Timeline:

Days 1-14: Initial processing
Days 14-45: VA verifies service location and burn pit presence
Days 45-90: VA reviews medical evidence
Days 90-120: Decision issued

Advantages Over Non-Presumptive Claims:

No C&P exam likely (medical diagnosis sufficient)
Faster processing (no nexus letter needed)
Higher approval rates

Success Example: CPL Martinez (Asthma Presumptive to Burn Pit)

Background: Infantry soldier, deployed to Balad Air Base 2008-2009. Developed asthma symptoms 2015.

Claim Details:

Service documentation: DD 214 showing deployment to Balad Air Base 2008-2009
Medical evidence: VA pulmonologist diagnosed asthma 2020; PFTs consistent with asthma; no prior asthma history
VA records: Service at Balad Air Base confirmed (base had burn pits during service dates)
Personal statement: "Deployed to Balad 2008-2009 where burn pits burned constantly. Started having breathing problems 2015, asthma diagnosis 2020"

Outcome:

Asthma presumptive to burn pit exposure approved
Rating: 20% (based on asthma severity and functional impairment)
Processing time: 105 days
Approval reason: "Presumptive condition. Service confirmed at burn pit exposure location. Asthma diagnosis documented."

Success Factors: Service confirmation at burn pit location; clear asthma diagnosis; no nexus letter needed

Learning Example: MSgt Thompson (COPD, Initially Delayed)

Initial Issue:

Filed for COPD presumptive to burn pit exposure
Service records showed Kandahar deployment 2009-2010
Medical records documented COPD diagnosis

Delay:

VA requested clarification of burn pit exposure at Kandahar
Initial records didn't specify burn pit documentation
Processing delayed while VA verified burn pit presence at Kandahar

Resolution:

Provided additional military records confirming Kandahar had burn pits during service
Unit history showing burn pit operations
Additional PFT testing strengthening COPD diagnosis

Outcome: COPD presumptive approved, 8-week delay

Key Lesson: Clearly establish burn pit presence at your service location. If records don't explicitly mention burn pit, provide additional documentation or unit history showing burn pit operations.

Common Mistakes

1. Unclear Service Documentation

Mistake: Filing without clear proof of service at burn pit location.

Fix: Gather DD 214 explicitly showing base location. Include additional documentation if records don't clearly show burn pit location.

2. Vague Medical Diagnosis

Mistake: Filing with "possible asthma" or "suspected COPD" instead of formal diagnosis.

Fix: Request formal diagnosis from VA or private provider. Diagnosis must be explicit in medical records.

3. Non-Presumptive Condition Confusion

Mistake: Filing for non-presumptive condition (not on VA list) and expecting presumptive approval.

Fix: Check current presumptive list on VA.gov. File for presumptive conditions only for presumptive claims. File for non-presumptive with nexus letter.

4. Missing Diagnostic Testing

Mistake: Filing without objective testing supporting diagnosis.

Fix: Request PFTs (pulmonary function tests) for respiratory conditions. Objective testing strengthens even presumptive claims.

5. No Service Documentation

Mistake: Assuming VA knows you served at burn pit location without providing proof.

Fix: Explicitly provide discharge papers and service records showing deployment. Don't assume.

Resources and Support

Government Resources

VA burn pit exposure information: www.va.gov/burn-pits
Presumptive conditions list: www.va.gov/disability/eligibility/conditions/burn-pit-exposure/
File claim: www.va.gov/disability/file-claim/

Medical Resources

American Lung Association: Respiratory disease information
Pulmonary function test information

Veteran Organizations

VFW, American Legion, DAV: Assistance with burn pit claims
Burn Pit Registry: www.va.gov/environmental-health-exposures/burn-pit-registry

FAQ

Q: Do I need to prove burn pit caused my condition?

A: No. Presumptive conditions are VA's way of assuming causation. You only need to prove: (1) service at burn pit location, (2) diagnosis of presumptive condition.

Q: What if my service records don't mention burn pit?

A: File anyway. If you served at base on VA's burn pit location list during burn pit operational period, you likely qualify. Provide base name and dates; VA will verify burn pit presence.

Q: Can I file for non-presumptive condition from burn pit?

A: Yes, but you'll need nexus letter proving burn pit caused condition (harder to win). Focus on presumptive conditions for easier approval.

Q: How long will approval take?

A: Typically 90-120 days. Much faster than non-presumptive claims (which take 120-150+ days).

Q: What rating will I receive?

A: Rating depends on condition severity. Asthma might be 10-20%; COPD might be 20-40%; lung cancer might be higher. Rating determined by functional impairment.

Q: Can I claim multiple presumptive conditions?

A: Yes. If exposed and diagnosed with multiple presumptive conditions, file for all. Separate ratings apply to each; combined rating calculated.

Final Recommendation

Burn pit presumptive condition claims are among the easiest VA disability claims to win because VA assumes causation. If you served at a burn pit location and were diagnosed with a presumptive condition, you have an excellent chance of approval.

Advantages:

No nexus letter required
VA assumes PTSD-causation
Simpler filing process
Higher approval rates (85%+)
Faster processing

Action Items:

Locate your DD 214 showing service at burn pit location
Confirm base had burn pits during your service (check VA list)
Obtain medical diagnosis of presumptive condition
File claim at VA.gov (simple form, minimal documentation)
Expect approval within 90-120 days

Next Step: File your presumptive burn pit claim today. Contact VSO if you need assistance, though these claims are straightforward enough to file independently.