🔥 Burn Pit Exposure Presumptive Conditions Explained: Veteran Coach Round Table (NEW!)

At the time this video was published, all information was accurate but is subject to change as laws, policies, and regulations change.

- Our Veteran Coach Round Table discusses the new Burn Pit Exposure Presumptive conditions. Join SVC Darrell McDonald, SVC Stacey Allen, SVC Called McLaggen, and Train Manager Travis Brobst as they go into detail about everything you need to know!

Effective August 5, 2021, Veterans who served in the Southwest Asia Theater of Operations and are Gulf War Veterans, or served in other regions and developed Asthma, Sinusitis, Rhinitis (or Rhinosinusitis, which is inflammation of the nasal cavity and paranasal sinuses) within 10 years from your separation from active duty service, these respiratory conditions will now be “presumed” to be service-connected.

This new rule opens doors for many veterans who have been unable to service-connect these respiratory conditions until now!

***Video Timestamps & Resources***

⏩ 00:00 Welcome to VA Claims Insider
⏩ 00:30 Introducing our Veteran Coaches
⏩ 03:20 3 New Burn Pit Presumptives added
⏩ 11:25 The keyword is Chronic
⏩ 14:45 Eligibility without a diagnosis
⏩ 23:05 How to file a claim
⏩ 31:00 How the VA could denied your claim
⏩ 36:30 Need help? Sign up to speak with one of our coaches today!
⏩ 44:30 If you were diagnosed in service you could get a direct service connection

***VA Disability Ratings for Burn Pit Presumptive Conditions!***

How did we get here? The VA found sufficient evidence to conclude that particulate matter pollution is associated with chronic Asthma, Sinusitis, Rhinitis, and Rhinosinusitis for veterans who served in the Southwest Asia Theater of Operations from Aug. 2, 1990 to the present, or in Afghanistan, Uzbekistan, Syria or Djibouti from Sept. 19, 2001 to the present.

“The Southwest Asia Theater of Operations” includes Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea and the airspace above these locations.

To establish presumptive service connection for Asthma, Sinusitis, and/or Rhinitis (to include Rhinosinusitis) under 38 CFR 3.320 for these Burn Pit Exposure Presumptive Conditions, your evidence of record must show qualifying service at one of the specified duty locations, and manifestation of the qualifying diagnosed chronic disability(ies) within the presumptive period (within 10 years of discharge from active duty service during the dates given above).

With those conditions met, the "Nexus" between the condition and your exposure to particulate matter in the duty location is presumed, and you will be service-connected for that condition.

EXCEPTIONS: Presumptive service connection for these conditions cannot be established if there is affirmative evidence the conditions were caused by another condition or event that occurred between your qualifying service and the onset of the disability. Another exception would be if there is evidence that the condition was caused by the veteran’s own willful misconduct or the abuse of alcohol or drugs.

IMPORTANT: There is no minimum time requirement for the service in the qualifying duty location. As long as your service took place in the Southwest Asia theater of operations from Aug. 2, 1990 to now—or in Afghanistan, Uzbekistan, Syria or Djibouti from Sept. 19, 2001 to now—it doesn’t matter if your service was two weeks, two months or two years.

What does matter is that your condition manifested within 10 years of discharge from active duty service. The limitation of 10 years past your date of active duty discharge means you must have developed the condition during that period. But even if we’re now more than 10 years past your active duty discharge, that doesn’t mean it’s too late to qualify—IF you had a diagnosis during that 10 years.

Please “Like” this video and drop us a comment below so we can help even more veterans together.

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[jonroberts]

2nd Gulf war in Iraq January 2007 til April 2008, got out of service in February 2011, started having neurological symptoms and convulsive disorders in May 2020 9 years after leaving service.still to this day I am still having neurological systems and convulsive disorders.for these past two years.

[Stealth-imld]

Army Desert Storm 1985-1992. 80% Service Connected, shooting for 100%!! Going to give these guy's a call 📱 next week. 💯💥💥💥💥💥💯

[franciscongayan]

I served in Afghanistan in 2011 (FOB Fenty) and not only was I exposed to burn pits but I was a 12N and operated the dozer that created the burn/trash pits and layered new soil over the hazardous waste, the wild dogs that were tossed in the pit, paint, batteries, trash, and only God knows what else. I was denied my claim for sinusitis and rhinitis and have yet to be diagnosed for these conditions.

[georgeb]

I urge that pressure be placed to include Vietnam Vets Burn Pit Exposure be recognized. We had burn pits everywhere and due to changes in what hazardous materials were in use in 1960's compared to now the exposure back then was likely more severe and dangerous.

[jasonbarna]

I did 2 tours in Kuwait and Saudia Arabia in 96' and 98', actually was sick there with this stuff in 98' and had nothing but problems ever since. Not sure how they can hold a 10 year rule that they made up in 2021 to those who have been out over 20 years and were told that these illnesses didn't exist. Hopefully all my trips to the doctor stand up. I had surgery due to chronic rhinitis in 2017.

[bobbyjorogers]

83/04 ARNG OIF Veteran have a C/P today on these presumptive !

[FarebrothaChronicle]

I like to know how to get a rating for GERD. I get the medicine from VA clinic but, VA still rejects my claim. I also have sinusitis that is being denied.

[roninrr]

Army 06-13 / National Guard 13-present

[barrymitchell]

Marine 10 years.
Desert shield and Desert Storm.

[thomaswhite]

Air Force served 1990 -2010. Hoping the presumptive will eventually include combat presumptive.

[jdpriode]

USN retired 1984-2005. Diagnosed CHRONIC Rhinitis in 2014. Served in Persian Gulf in the prescribed time periods and Djbouti. I did file a claim back in 2014, but that claim was for sleep apnea.
1) Do I need to complete a C & P exam for the Rhinitis if I already have the Chronic Rhinitis diagnosis (2014)?
2) or will I submit for the sleep apnea after this claim is complete?
Thanks for you help.

[gatekeeper]

Dctors don't have medical records anymore. Got in 1992 Gulf war vet. Did note upon exit exam had been around smoke and burning waste.

[sotoman]

I was service connected sleep apnea secondary to PTSD under the hazard conditions in Iraq…can I claim allergy rhinitis to sleep apnea? Been out since 2005

[engineerwv]

Eligible for presumptive chronic fatigue, fibromyalgia...?!! I’m struggling with hypersomnia and small fiber neuropathy

[schexr]

I have GERD due to a 6 mm hiatal hernia along with moderate sleep apnea (all diagnosed), which I believe is a result of burn pit exposure. I was also hit by 4 IEDs. Unfortunately, I wasn’t diagnosed with either until recently because I didn’t know to “get my butt to the doctor”. I’m about 16 years past my service date. I had to go to the ER twice in the past three years, which is what led to the diagnoses. Not sure if I can get service connection or not for this. Anyone have any suggestions or tips?

[leobryant]

How do I get medical records from when I was active duty. Are those records maintained someplace?

[scottjenkins]

How does one register for this burn pit registry? I breathed this smoke and had soot stain my uniforms in Balad / Anaconda.

[nickmalveaux]

I was diagnosed with MS 8 yesterday after I got out. The presumptive is 7yrs. I've completely missed out right?

[rafaelbaez]

does this fall under SMC? or do they actually give you a rating for this?

[jerredscreen]

Is there a way to get around the Severance repayment? I just got my ratings in August and I will not be able to receive a payment until Nov 2023...is there a way I can get a waiver?