In March 2025, the House of Representatives passed a continuing resolution to keep the government funded. That CR eliminates $22.8 billion in burn pit and toxic exposure injury benefits.
The six-month government spending package, which largely holds federal spending at fiscal year 2024 levels, would cut the Toxic Exposures Fund (TEF) for the VA next year. The controversial fund was meant to allot $22.8 billion to cover expanded benefits for former service members sickened by military toxic exposures — including burn pit smoke and Agent Orange water contamination — starting October 1, 2025. But the continuing resolution (CR) drafted and passed by House Republicans zeros out funding that would have been used for the TEF in the fall.
Veterans groups were very unhappy with the move, with the liberal VoteVets warning that cutting the fund “will cost lives” in social media posts.
Burn Pits in Southwest Asia
During the 1991 Persian Gulf War, after a sustained air campaign, U.S. forces and a few allies took down the fourth-largest land army in the world in less than two weeks of ground combat. When the U.S. invaded Iraq again in 2004, military planners expected an even swifter victory. After all, Iraq’s army was a shell of its former self, and it knew how one-sided Round One had been, so it would probably be demoralized.
However, that is not the way things turned out. Iraq’s army was routed quickly, as planners anticipated. But for whatever reason or reasons, planners failed to account for the fact that when a foreign invader threatens people, those people always fight back tenaciously.
Since planners anticipated a blitzkrieg victory and quick departure, burn pit waste disposal seemed like an ideal solution.
When they are out on the trail, campers usually dump their trash in the campfire. Since they are on the move, they do not inhale toxic fumes produced by burning styrofoam cups, plastic water bottles, and other items that release such toxins.
A burn pit is basically an extremely large campfire. But in addition to styrofoam cups and plastic water bottles, the campers (servicemembers and contractors) toss on metal vehicle parts, rubber tires, medical waste, and other items, which are even more toxic. Furthermore, instead of heading down the trail, they huddle close to the fire and are directly exposed to these toxins.
The DoD continued to use burn pits in Iraq and Afghanistan even after Pentagon doctors warned of the danger. When these individuals later developed serious respiratory and other problems, the VA refused to pay disability benefits. The 2022 PACT Act allocated money to distribute to these wounded warriors. But now that funding is in jeopardy.
Injured servicemembers must worry about the political whims of disability funds, but injured contractors do not have to worry about this issue. More on that below.
Burn Pit Illnesses
We mentioned respiratory problems and “other illnesses” above. Now, let’s examine burn pit illnesses in more detail.
Toxic burn pit smoke often causes Constrictive Bronchiolitis, an extremely serious breathing condition that young, healthy people almost never develop. Toxic particles burn the insides of narrow breathing passages in the lungs, many of which aren’t much wider than the tip of a pencil. The resulting scar tissue blocks these airways, so these victims have constant difficulty breathing. In many cases, they basically suffocate.
For years, the VA insisted that dust and particulate matter were responsible for Iraq and Afghanistan War-related CB. But the Department of Labor, which administers the Defense Base Act, almost immediately labeled CB as a Deployment-Related Lung Disease (DRLD) that is eligible for Defense Base Act benefits.
The aforementioned metal vehicle parts often contain high levels of mercury, cadmium, and other heavy metals. Once inhaled, the body cannot naturally dispose of these toxic particles. So, these particles alter DNA structure and cause tumors. In many cases, these tumors are malignant and fatal.
We also mentioned the PACT Act. Former President Joe Biden basically rammed this act through Congress because his son, Beau, died of brain cancer after serving two tours in Iraq as a JAG officer. The elder Biden was convinced that burn pit smoke caused his son’s brain cancer, and he was probably right.
Injury Compensation Available
Lost wage replacement, medical bill payment, and other Defense Base Act benefits are available in these cases. But the process of obtaining these benefits is often long and frustrating, which underscores the need for a good Defense Base Act lawyer.
This process usually begins with a settlement conference. But at the early stages of a DBA claim, only some medical records are available. These records are often one-sided, since a Defense Base Act lawyer usually has not yet partnered with an independent doctor. As a result, at this conference, many insurance companies either deny coverage or offer to settle claims for pennies on the dollar.
Fortunately for injury victims, the tables are turned at a subsequent Administrative Law Judge review hearing. As mentioned, the Department of Labor has, for many years, authorized DBA benefits for burn pit victims. So, precedent is on the victim’s side. Additionally, at these trial-like hearings, attorneys are free to introduce evidence, challenge evidence, make legal arguments, and otherwise do what they do best.
Because the environment changes so drastically, most insurance companies settle most DBA claims before the hearing. Most of these settlements are on victim-friendly terms.
For more information about DBA benefits, contact Barnett, Lerner, Karsen, Frankel & Castro, P.A.