Benefits Of Contacting Woods And Woods
If you are a veteran and have been diagnosed with constrictive bronchiolitis, or believe you have the symptoms, it could be related to your military service. For help filing your VA disability claim or for help appealing a VA decision, contact the team at Woods and Woods for guidance. We never charge veterans for assistance filing the initial application, and if we appeal your case, you dont pay us unless we win.
Our VA-certified disability benefits lawyers have helped thousands of veterans get the benefits they deserve.
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FREQUENTLY ASKED QUESTIONS
If I took an oath of secrecy, how can I get VA disability benefits for something I cant talk about?
In 1996, the U.S. Congress repealed the Nuclear Radiation Secrecy Agreement Act, which rescinded the oath-of-secrecy for Atomic Veterans. If your oath falls under that, you are all set to claim your disability. See this brochure for more information for atomic veterans.
They did good by me. I am sick, and the VA was stalling. They got me 100% permanent and total.
Watch: Burn Pit Exposure Presumptive Conditions Revealed & Explained
***Video Timestamps & Resources***
00:12 Burn Pit Exposure Presumptive Conditions Introduction
01:52 BACKGROUND on VA Burn Pits
03:45 How to Get on the VA Burn Pit Registry
06:05 3 New Burn Pit Exposure Presumptive Conditions Revealed!
11:07 How to Get a Burn Pit VA Disability Rating
18:16 VA Burn Pit Eligibility Examples
20:00 What if Ive already filed a VA claim?
24:26 Burn Pit Exposure Symptoms and Conditions List
28:00 Download My #1 Rated VA Benefits Book HERE for FREE!
Tdiu And Chronic Lymphocytic Leukemia
Veterans who are prevented from working because of their chronic lymphocytic leukemia may be able to receive a monthly VA disability called total disability based on individual unemployability, or TDIU. This benefit compensates veterans at the 100 percent rating level, even if their disability rating may be less than that.
There are generally two pathways for veterans seeking TDIU:
- 38 CFR § 4.16a For this form of TDIU, the veteran must have:
- One condition rated at minimum 60 percent OR two conditions that can be combined to reach 70 percent, where one condition is at minimum 40 percent
- 38 CFR § 4.16b This form of TDIU is for veterans who may not be able to meet the necessary criteria for schedular TDIU, but are still unable to obtain substantially gainful employment on account of their conditions. In this instance, the veteran must prove that their condition hinders their ability to obtain substantially gainful employment and therefore should not be rated based on the standard disability rating criteria.
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Why You Want Tucker Disability Law On Your Team
With over 30+ years experience winning cases, the attorneys at Tucker Disability Law have built a reputation for excellence, hard work, and always standing by our clients. Fighting insurance companies and the VA is what we do 24/7. Check out our Google reviews. Get to know us through our videos. Contact us for a freeevaluation of your case. Let us prove to you that no one will work harder to win your case than Tucker Disability Law.
How To Apply For Va Disability For Burn Pit Exposure
Adding yourself to the Airborne Hazards and Burn Pit Registry and undergoing the VA optional exam doesnt automatically entitle you to VA benefits.
To file a VA claim for compensation for any medical condition including those presumed to be service-connected under the new ruling burn pit victims or those exposed to airborne hazards during qualified deployments can check out our guide on how to file a VA disability claim.
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What Is Constrictive Bronchiolitis
Constrictive bronchiolitis, also referred to as bronchiolitis obliterans or obliterative bronchiolitis, is a rare respiratory disease affecting the bronchial airways. The disease compresses and narrows the small airways of the lungs, known as the bronchioles, with fibrosis .
Symptoms, such as shortness of breath, can be mistaken for exercise-induced asthma, COPD, or other respiratory illness. Accurately diagnosing constrictive bronchiolitis is difficult. Many people with the condition get normal results from X-rays, CT scans, and pulmonary function tests. The only way to accurately diagnose constrictive bronchiolitis is through a lung biopsy, which can be an expensive and risky procedure.
Considering there is no specific treatment or cure for the condition, many patients may not see a reason for a diagnosis. But for veterans, a lung biopsy may be the only way they can get a diagnosis to receive VA disability benefits.
Exposure To Burn Pits
Many veterans were exposed to burn pits while serving in the military. These veterans were exposed to toxic chemicals and particles, leading to serious health problems. The wars in countries where burn pits were a problem include:
- Afghanistan: Desert Shield/Storm
- Iraq: Persian Gulf War ,
- Operation Iraqi Freedom
Veterans exposed to burn pits may have difficulty breathing, experience coughing and wheezing, and have a greater risk of developing cancer. These health problems can be severe and last a lifetime. Contact a VA claims attorney to submit a fully developed claim and begin receiving benefits.
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Contact Vets National Advocates
If you are suffering from a respiratory illness or disease after exposure to burn pits, you may be able to file a claim for disability benefits. Since these claims are relatively new, you should seek the advice and assistance of experienced professionals like those at Vets National Advocates. Our advocates can help you appeal your denied claim at no cost to you.
Call 877-777-4021 or use our case evaluation form to have your claim reviewed by an experienced veterans advocate today.
How Does Va Rate Psoriasis
VA rates skin conditions under 38 CFR § 4.118, Diagnostic Codes 7800-7833. Psoriasis is listed under Diagnostic Code 7816. Several skin conditions are rated based on the amount of skin that is affected. VAs rating schedule proposes two ways to determine this: calculations and estimations.
Skin area calculations take into account the surface area in inches squared that is affected whereas skin area estimations take into account the percentage of skin that is affected. However, scars on the head, face, or neck are rated based on skin loss and how many facial features have been disfigured.
On the other hand, disability ratings for scars on areas of the body other than the head, face, or neck are generally based on the size of the scar.
The General Rating Formula for the Skin is included in 38 CFR § 4.118 and is used to rate the majority of skin conditions:
Here, VA defines systemic therapy as any treatment that is injected, or taken by mouth, through the nose, or anally. This includes, but is not limited to, the treatments listed within the rating criteria. VA defines topical therapy as any treatment applied directly to the skin, regardless of the type of drug.
For psoriasis, any complications that arise from the condition, such as psoriatic arthritis, are rated separately under their appropriate diagnostic code.
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Conditions Associated With Chronic Lymphocytic Lymphoma
- AnemiaAnemia is a condition that occurs when a person has a low number of red blood cells. Anemia usually causes fatigue and difficulty breathing, or shortness of breath.
- NeutropeniaNeutropenia occurs when a person has a low number of white cells, which prevent the immune system from guarding against infection effectively
- ThrombocytopeniaThis condition occurs when the person has a low number of platelets. This can cause bleeding and bruising.
New Proposed Burn Pit Legislation 2021
As of 2021, there are several major bills currently pending in Congress that deal with the toxic exposure caused by burn pits. These bills include:
- Conceding Our Veterans Exposure Now and Necessitating Training Act
- Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021
- Veterans Burn Pit Exposure Recognition Act
- Toxic Exposure in the American Military Act
If passed into law, any of these bills would offer much-needed relief to veterans suffering the toxic effects of burn pit exposure. Specifically, the COVENANT Act would make any type of lymphatic cancer, such as chronic lymphocytic leukemia, a presumptive condition. This would then make it much easier for veterans to be granted service connection for their CLL and receive VA disability benefits.
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Military Burn Pit Exposure And Psoriasis
Military burn pits are large areas of land in which the military and its contractors incinerated all waste generated by military bases, including plastics, medical waste, rubber, human waste, and more.
The U.S. Military used burn pits as part of their waste disposal protocol in places such as Iraq and Afghanistan in the post-9/11 era. While the practice was effective in reducing large quantities of waste, burn pits emitted plumes of toxic smoke. This was especially problematic in places such as the Middle East, as the desert wind carried the smoke for miles.
Many U.S. Military veterans have suffered health consequences from burn pit exposure. Most of the negative effects involve temporary ailments of the respiratory system, though limited evidence suggests a link between burn pit exposure and the long-term deterioration of lung health.
These burn pits were used extensively throughout the Middle East and have affected veterans who served in Operation Iraqi Freedom, Operation Enduring Freedom, and Operation New Dawn.
Research continues to be done to link burn pit exposure to a variety of different conditions, such as cancers and respiratory conditions, but in order to fully understand the harm caused by military burn pits, much more research will need to be conducted. However, research has indicated that one of the known chemical compounds released by burn pits includes the dioxin
Va Secretary Discusses Health Care Overhaul Helping Veterans Exposed To Toxic Burn Pits
A major overhaul of Veterans Affairs is making it easier for veterans who are sick from exposure to burn pit smoke and other toxins to get treatment. In the past, veterans had to prove their sicknesses were connected to their service in the military. But with the passage of the PACT Act, that has changed. VA Secretary Denis McDonough joined Amna Nawaz to discuss the reform.
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Va Has Denied About 78% Of Disability Claims From Burn Pits
An airman tosses unserviceable uniform items into a burn pit at Balad Air Base, Iraq, on March 10, 2008.
WASHINGTON The Department of Veterans Affairs has denied about 78% of disability claims related to toxic exposure, as thousands of veterans seek care from the agency for illnesses that they believe were caused by serving overseas near burn pits, an agency official said Wednesday.
Between 2007 and 2020, VA approved disability claims related to burn-pit exposure for 2,828 veterans out of 12,582, according to Laurine Carson, deputy executive director of policy and procedures for VA.
The gap in veterans who are approved for benefits drew the ire of lawmakers who argued the VA should give presumptive care for veterans, saying the agency does not have clear guidelines for who gets burn-pit compensation.
Many people are saying this is the Agent Orange of the post-9/11 generation, Rep. Elaine Luria, D-Va., chairwoman of the House Committee on Veterans Affairs subpanel on disability assistance and memorial affairs, said Wednesday during a hearing on the matter.
Were still in the process of study, Carson told lawmakers.
Carson said one of the prime reasons veterans are being rejected for disability related to toxic exposure is the time between their service and when they try to make a claim.
She encountered a similar issue at a VA in Brooklyn, N.Y., when her primary care doctor also had little information on burn pits.
Showing That Your Condition Is Service
The key to receiving VA disability benefits for a condition due to burn pit exposure is connecting your condition to a specific event in your military service. VA must know exposure to a military burn pit caused your illness. Medical evidence and expert medical testimony can make the connection clear.
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The Pact Act & Burn Pit Exposure Presumptive Conditions
The current law identifies only three conditions presumed to be service-related. They are:
In June of 2022, the Senate voted to expand presumptive benefits for burn pit exposure conditions, paving its way to be signed into law. With the passage of The Promise to Address Comprehensive Toxics Act, or PACT Act, there will be 23 presumptive conditions added to the burn pit presumptive conditions list.
Importantly, the PACT Act will add nine rare respiratory-based cancers to the burn pit presumptive conditions list including:
- Squamous cell carcinoma of the larynx,
- Squamous cell carcinoma of the trachea,
- Adenocarcinoma of the trachea,
- Salivary gland-type tumors of the trachea,
- Adenosquamous carcinoma of the lung,
- Large cell carcinoma of the lung,
- Salivary gland-type tumors of the lung,
- Sarcomatoid carcinoma of the lung, and
- Typical and atypical carcinoid of the lung.
For your condition to be presumed service-related, you must have served overseas sometime between September 11, 2001, and the present. Currently, your symptoms must manifest within 10 years from the date of separation of service. However, the PACT Act seeks to extend this window of eligibility for disability benefits.
The PACT Act will also add 31 major medical clinics across the country and employ thousands more claims processors and healthcare professionals.
Burn Pit Va Disability Rating
A 60% disability rating for burn pit exposure entitles you to over $1,000 a month in disability compensation. A 100% disabling condition entitles you to over $3,000 a month.
If you believe that your illness or disability is related to burn pit exposure, or you already receive benefits but your condition has worsened, do not hesitate to talk with one of our experienced VA-accredited claims agents about your options.
If you have multiple disability ratings, you may be a little confused as to how to calculate your rating. Learn how VA Math works and make sure youre getting compensation you deserve. Read more »
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What Are The 23 Diseases Associated With Burn Pits
The PACT Act of August 2022 added 23 illnesses and chronic respiratory conditions to the presumptive benefits lists, fast-tracking veterans suffering from those diseases for disability benefits and health care. The government now presumes, without you having to provide additional evidence, that the following 23 diseases are connected to burn pit exposure.
Cancers
- Respiratory cancer of any type
- Head and neck cancer of any type
- Gastrointestinal cancer of any type
- Reproductive cancer of any type
- Lymphoma and lymphomatic cancer of any type
- Chronic obstructive pulmonary disease
- Pulmonary fibrosis
The presumptive in presumptive benefits means that if you served in a country where burn pits were used and later got sick, the VA now presumes your decline in health is connected to your service overseas.
For disabling conditions not listed above, the VA requires you to prove that your illnesses are service-connected on a case-by-case basis.
Some of these presumptive benefits are available now, others will be phased in over the next few years. See our article on the PACT Act for the latest information.
Comparisons Between Burn Pits Vs Agent Orange
The military did not offer breathing protection to service members, which left them exposed to toxic airborne pollution. In the years since burn bit operations have been stopped, comparisons have been made of burn pit exposure to Agent Orange, the herbicide used in Vietnam, which has been linked to various types of respiratory illnesses and cancer, including deadly brain tumors. Department of Defense studies have also revealed that post-9/11 veterans exposed to burn pits were exposed to the same potent chemicals that were in Agent Orange.
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Compensation And Pension Exams For Psoriasis
Once a claim has been filed, VA may request a Compensation and Pension exam, or C& P exam. This exam will usually be performed by a VA physician or VA contracted physician who may physically examine the veteran, as well as ask questions regarding the veterans military service, their psoriasis, or symptoms of their psoriasis.
To schedule a C& P exam, VA will usually call the veteran or send them a letter. As such, it is crucial to ensure that VA has the veterans most up-to-date contact information. If VA does not have the current contact information, the veteran might miss a C& P request. Failure to attend an exam, or to reschedule a missed exam, could result in the denial of a veterans claim.
Prior to the exam, the examiner should review the veterans c-file. The c-file will usually contain any documentation that has previously been submitted to VA, as well as the veterans medical and military service records.
The veteran may also use a DBQ, or Disability Benefits Questionnaire, to bolster their claim. A Disability Benefits Questionnaire is a form created by VA so that the veteran may address important aspects of their condition, such as symptoms, severity, possible causes, and relation to other disabilities. The veteran may also have their private doctor fill out a DBQ for them. In the case of psoriasis, a dermatologist who regularly treats the veteran for their psoriasis may fill out a DBQ for the veteran to provide insight to VA.