Official 2023 | What Is The Burn Pit VA Disability Rating?

If you’re a veteran who has been exposed to burn pits, you may be wondering what the disability rating is for this condition. There is no specific burn pit VA disability rating. However, burn pits are considered an ‘event in service’.

To get any condition service connected, you must prove three things:

1) A current diagnosis,

2) an event in service or aggravation from service, and

3) a medical nexus to tie the diagnosis and event together.

These three items are also known as the Caluza Triangle and should always be addressed in the lay statement on form 21-4138.

Burn Pit exposure actually is the event in service. Once the VA confirms your exposure, your event is established for certain conditions and diagnosis.

What is a Presumptive Condition With The Burn Pit VA Disability Rating?

A presumptive condition, sometimes referred to as a legal presumption, is an official policy or oversight that places burden of proof on one party in legal proceedings.

These conditions are created to make the process of litigation more efficient and straightforward, reducing burden on all parties involved. This burden is placed because it can be assumed these presumptions will likely yield a favorable outcome for unspecified reasons associated with the situation.

They are generally used when the facts are uncertain or complex and may substantially influence judicial proceedings. In such situations, claiming a presumptive condition can be decisive in achieving a satisfactory outcome.

Simply stated, with presumptive conditions, the VA has the burden of proof to state how you would have otherwise received the diagnosis. Normally, the veteran has the burden of proof of how military service caused the diagnosis or condition.

This is huge, as unless you have been working in an environment that caused your allergic rhinitis, the VA must concede to the event.

When it comes down to it, there is no Burn Pit VA Disability Rating, but there is conditions that are caused by Burn Pit exposure.

However, don’t make the mistake that most veterans make by thinking that it is guaranteed to be service-connected. This is not true. Therefore, you should prepare this case as you would any other, but spend time showing the event through lay statements, photographs, and anything else.

Raters and C&P examiners still make mistakes, so calling out the presumptive status of the condition for your case is a good idea.

Also, don’t forget that you have to have a current diagnosis as well. Going in and saying you have allergic rhinitis without already having a diagnosis won’t get you far in your VA claim.

The conditions/diagnosis that are listed below are what are considered the diagnosis that are considered presumptive.

What Is A Burn Pit?

A burn pit is a contained area to safely dispose of waste. It is typically created when various materials such as aluminum cans, petroleum and other lubricants, plastics and rubber, particulate matter (from tire wear), paint, various metals, wood, chemicals, human waste, medical waste and even ammunition are burned.

Research has shown that several conditions may arise due to the burn pits and exposure to them.

How Do I Know If I Had Burn Pit Exposure?

Burn pits were used heavily by U.S. Military personnel stationed in war zones during the 21st century, particularly in Afghanistan and Iraq and more recently Djibouti. If you served in any of these locations since 2001, it is likely that your presumptive exposure to burn pits could be a factor in any breathing-related conditions or illnesses you have been experiencing.

To determine whether this is the case for you, completing an evaluation with your local VA doctor could help unravel the root cause of your health issues. Additionally, if the illness can be credited to burn pits (as presumed through certain criteria which the VA outlines) you may eligible for disability benefits under the VA’s Burn Pit Registry Program.

On or after September 11, 2001, in any of these locations:

• Afghanistan
• Djibouti
• Egypt
• Jordan
• Lebanon
• Syria
• Uzbekistan
• Yemen
• The airspace above any of these locations

On or after August 2, 1990, in any of these locations:

• Bahrain
• Iraq
• Kuwait
• Oman
• Qatar
• Saudi Arabia
• Somalia
• The United Arab Emirates (UAE)
• The airspace above any of these locations

What Are The Presumptive Conditions Associated With Burn Pit Exposure?

Recent studies have continued to shed light on the potential health risks associated with the burn pits used during Iraq and Afghanistan. As a result, the Department of Veterans Affairs (VA) has identified a list of presumptive conditions related to exposure of these hazardous air pollutants.

The presumptive list is as follows:

These cancers are now presumptive:

• Brain cancer
• Gastrointestinal cancer of any type
• Glioblastoma
• Head cancer of any type
• Kidney cancer
• Lymphatic cancer of any type
• Lymphoma of any type
• Melanoma
• Neck cancer of any type
• Pancreatic cancer
• Reproductive cancer of any type
• Respiratory (breathing-related) cancer of any type

These Illnesses/Diagnosis are now presumptive:

• Asthma that was diagnosed after service
• Chronic bronchitis
• Chronic obstructive pulmonary disease (COPD)
• Chronic rhinitis
• Chronic sinusitis
• Constrictive bronchiolitis or obliterative bronchiolitis
• Emphysema
• Granulomatous disease
• Interstitial lung disease (ILD)
• Pleuritis
• Pulmonary fibrosis
• Sarcoidosis

By recognizing these conditions as presumptive due to exposure to burn pits veterans are able to access faster treatment.

Diagnosis Associated To Burn Pit Exposure And The Burn Pit VA Disability Ratings

Asthma – Code 6602

Rating Criteria for Asthma (38 CFR 4.97 Code 6602)	Percentage
FEV-1 less than 40-percent predicted, or; FEV-1/FVC less than 40 percent, or; more than one attack per week with episodes of respiratory failure, or; requires daily use of systemic (oral or parenteral) high dose corticosteroids or immuno-suppressive medications	100
FEV-1 of 40- to 55-percent predicted, or; FEV-1/FVC of 40 to 55 percent, or; at least monthly visits to a physician for required care of exacerbations, or; intermittent (at least three per year) courses of systemic (oral or parenteral) corticosteroids	60
FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 to 70 percent, or; daily inhalational or oral bronchodilator therapy, or; inhalational anti-inflammatory medication	30
FEV-1 of 71- to 80-percent predicted, or; FEV-1/FVC of 71 to 80 percent, or; intermittent inhalational or oral bronchodilator therapy	10

Note: In the absence of clinical findings of asthma at time of examination, a verified history of asthmatic attacks must be of record.Bronchitis – Code 66006600

 

Bronchitis, Chronic

Rating Criteria for Chronic Bronchitis (38 CFR 4.97 Code 6600)	Percentage
FEV-1 less than 40 percent of predicted value, or; the ratio of Forced Expiratory Volume in one second to Forced Vital Capacity (FEV-1/FVC) less than 40 percent, or; Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) less than 40-percent predicted, or; maximum exercise capacity less than 15 ml/kg/min oxygen consumption (with cardiac or respiratory limitation), or; cor pulmonale (right heart failure), or; right ventricular hypertrophy, or; pulmonary hypertension (shown by Echo or cardiac catheterization), or; episode(s) of acute respiratory failure, or; requires outpatient oxygen therapy	100
FEV-1 of 40- to 55-percent predicted, or; FEV-1/FVC of 40 to 55 percent, or; DLCO (SB) of 40- to 55-percent predicted, or; maximum oxygen consumption of 15 to 20 ml/kg/min (with cardiorespiratory limit)	60
FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 to 70 percent, or; DLCO (SB) 56- to 65-percent predicted	30
FEV-1 of 71- to 80-percent predicted, or; FEV-1/FVC of 71 to 80 percent, or; DLCO (SB) 66- to 80-percent predicted	10

Chronic rhinitis Burn Pit VA Rating – Code 6522

 

Rating Criteria for Chronic Rhinitis (38 CFR 4.97 Code 6600)	Percentage
6510 Sinusitis, pansinusitis, chronic.
6511 Sinusitis, ethmoid, chronic.
6512 Sinusitis, frontal, chronic.
6513 Sinusitis, maxillary, chronic.
6514 Sinusitis, sphenoid, chronic.
General Rating Formula for Sinusitis (DC’s 6510 through 6514):
Following radical surgery with chronic osteomyelitis, or; near constant sinusitis characterized by headaches, pain and tenderness of affected sinus, and purulent discharge or crusting after repeated surgeries	50
Three or more incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting	30
One or two incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting	10
Detected by X-ray only	0
6522 Allergic or vasomotor rhinitis
With polyps	30
Without polyps, but with greater than 50-percent obstruction of nasal passage on both sides or complete obstruction on one side	10
6523 Bacterial rhinitis:
Rhinoscleroma	50
With permanent hypertrophy of turbinates and with greater than 50-percent obstruction of nasal passage on both sides or complete obstruction on one side	10
6524 Granulomatous rhinitis:
Wegener’s granulomatosis, lethal midline granuloma	100
Other types of granulomatous infection	20
Chronic sinusitis Code 6510-6514

Note: An incapacitating episode of sinusitis means one that requires bed rest and treatment by a physician.

Key Takeaways

• Ensure you are on the Open Air Burn Pit Registry.
• Burn Pit VA Ratings are an event, not a rating
• Always get a diagnosis for your condition and then file for it with the event of burn pit exposure.
• Understand your symptoms and get them recorded in your medical records.  It is key for your rating after service-connection.

Conclusion

Burn pits were a common feature of military life for many years, but their use has come under increased scrutiny in recent years due to the number of presumptive conditions that have been linked with them. If you or someone you know is suffering from any of these conditions, please don’t hesitate to reach out for help.

Blue Cord Patriots is here to provide information and resources on burn pit-related illnesses, as well as support for those affected by them. Contact us today to learn more about how we can assist you.