Garland Law Offices, P.A.

What are the Developments on The “Veterans Burn Pit Exposure Recognition” Bill?

“Lawmakers introduced a bill Thursday that would recognize the health hazards posed by oil well fires, burn pits and other pollution sources in Afghanistan and much of the Middle East—an effort they say would help ill veterans who apply for VA benefits.”

The recently introduced “Veterans Burn Pit Exposure Recognition” bill would declare that service members who deployed to the Middle East in the 1990-1991 Persian Gulf War and after, to Afghanistan and Djibouti following Sept. 11, 2001, and to Iraq beginning in 2003 were exposed to toxins.

Military Times’ recent article, “Should service in Iraq and Afghanistan be a recognized health hazard for vets applying for benefits?” reports that the bill doesn’t create a service connection for specific diseases and doesn’t guarantee disability benefits for sick veterans. However, it would mean that the Department of Veterans Affairs would have to acknowledge that vets were exposed to pollutants, if they served in the named locations during the specified times—eliminating a need for them to prove that they were in close proximity to pollution.

Senators Dan Sullivan, R-Alaska, and Joe Manchin, D-W.Va., the bills’ sponsors, say the legislation is needed because the VA now requires veterans to show evidence of their exposure to support benefits claims, and in many cases, they will reject claims on the lack of evidence on exposure.

“West Virginians have seen first-hand how long it’s taken for the Vietnam-era veterans who were exposed to toxic chemicals like Agent Orange to receive the care and benefits they deserve, and the toll it took on them and their families. I want to make sure that doesn’t happen to this generation of veterans,” Manchin said.

In 1991, Iraqi troops set Kuwaiti oil wells on fire, producing clouds of smoke that covered American troops with fine, oily dust that covered skin, clothing, belongings, weapons, work and living spaces.  In Afghanistan and Djibouti after Sept. 11, 2001, and Iraq in 2003, the U.S. military used burn pits to get rid of refuse generated by military operations, including plastics, batteries, computer parts, animal carcasses, hospital waste and furniture. Troops reported that soot from the pits often coated work and housing areas with a fine green-black powder and many developed chronic coughs, sinusitis and other respiratory symptoms they referred to as the “Iraqi crud.”

In addition to stating that certain hazardous duty stations pose a potential health hazard, the bill also acknowledges an information gap regarding the location, use and hazards posed by burn pits and encourages ongoing research by DoD and VA. It identifies fine particulate matter, 16 types of hydrocarbons, 15 volatile organic compounds and 17 dioxin compounds as known toxins.

Reference: Military Times (November 22, 2019) “Should service in Iraq and Afghanistan be a recognized health hazard for vets applying for benefits?”

Why Don’t Some Border National Guardsmen Receive Veterans Benefits?

“Some of those guard troops who worked along the border in uniform may never meet the federal definition of a veteran.”

In April 2018, President Trump ordered 2,000 National Guard troops to the U.S.-Mexico border to help Homeland Security.

However, Colorado Public Radio’s recent article, “Even After Years In Uniform, Some National Guardsmen Don’t Get Veterans Benefits,” reports that some of those guard troops who worked along the border in uniform may never meet the federal definition of a veteran.

To qualify for Veterans Affairs benefits, such as health care or GI Bill education benefits, individuals are required to serve 180 days continuously on active duty. That means being requested by the federal government under specific circumstances.

National Guard troops are usually under the control of a state's governor, who can call them up to help with natural disaster. However, there are a variety of orders that can be used to mobilize Guard members. Despite the fact that President Trump called guard troops to the border and the federal government paid for the operation, in most cases, the kind of orders they were under do not qualify those troops for benefits.

Representative Mike Levin, a California Democrat, chairs a veterans subcommittee that recently held a hearing on the issue.

"We haven't followed a very basic principle," Levin said, "which is if you're expected to be doing the same sort of thing, putting your life on the line for whatever particular mission, I believe you should be able to get the same pay and benefits."

Representative Levin said Congress has been slow to respond to the changing role of the guard, which has been used more consistently since the terrorist attacks on Sept. 11, 2001.

"The expectations and the demands placed on our national guard and reserves that perhaps weren't there previously, we have to make sure that federal policy reflects that," he said.

In 2016, Congress changed the law, so anyone who retires from the guard or reserves after 20 years has honorary veteran status, no matter the amount of time they spent in active service. However, this legislation didn’t allow them to qualify for federal benefits.

The federal benefits that guard troops often aren't eligible for, include long-term mental health care in the VA health system. The Veterans Administration estimates that there were 919 suicides in 2017 among guard and reserve members, who never achieved veteran status.

Reference: Colorado Public Radio (November 29, 2019) “Even After Years In Uniform, Some National Guardsmen Don’t Get Veterans Benefits”