Many service members are exposed to hazardous and toxic substances during their time in the military: sometimes in combat zones, but often in non-combat settings as well. These exposures can result in severe health issues that sometimes appear years or even decades after service.
Fortunately, the Department of Veterans Affairs (VA) provides disability compensation benefits for military personnel exposed to these dangers. In this article, the VA disability benefits lawyers at Perkins Studdard will outline the types of harmful substances veterans may encounter, the health problems they can cause, and how to file for and obtain benefits related to these exposures.
Common Hazardous Substances Veterans Are Exposed To
Veterans can encounter a wide range of chemical substances during military service. These exposures often depend on the period, location, and duties performed. Below are some of the most common toxic substances associated with poor health outcomes.
Agent Orange
Agent Orange is one of the most well-known harmful substances linked to military service. It was an herbicide widely used during the Vietnam War to clear dense vegetation. Unfortunately, it contained dioxin, a highly toxic chemical agent linked to serious health issues.
Adverse health effects linked to Agent Orange exposure include:
- Skin conditions
- Circulatory disorders
- Prostate cancer
- Leukemia
- Non-Hodgkin’s lymphoma
- Brain cancer
- Head and neck cancer
- Reproductive cancer
- Gastrointestinal cancer
- Type 2 diabetes
- Parkinson’s disease
- Ischemic heart disease
- Peripheral neuropathy
- Monoclonal gammopathy
In addition, children of Vietnam veterans may suffer from spina bifida, a birth defect associated with Agent Orange exposure.
Veterans who served in Vietnam and Thailand during the Vietnam era or in certain parts of Korea are presumed to have been exposed to Agent Orange and may qualify for service-connected disability benefits.
Asbestos Exposure
Asbestos was widely used for insulation and fireproofing in the military, particularly in the mid-20th century. Many veterans were exposed to it while working on ships, aircraft, and military installations. Health issues caused by contact with asbestos include.
- Mesothelioma
- Asbestosis
- Circulatory disorders
- Skin cancer
- Lung cancer
- Interstitial lung disease
- Pancreatic cancer
- Kidney cancer
- Bladder cancer
- Respiratory cancer
- Other respiratory illnesses
Military personnel who worked in roles like shipyard repair, construction, or maintenance during their service are often at higher risk. The VA evaluates asbestos-related claims based on environmental exposure history and medical evidence linking the condition to service.
Burn Pit Exposure
Burn pits were used extensively in Iraq, Afghanistan, and other locations to dispose of waste, including plastics, dangerous chemicals, and medical supplies. Unfortunately, the resulting smoke exposed service members to airborne hazards that can cause health conditions like the following:
- Respiratory illnesses (chronic bronchitis, asthma)
- Lung cancer
- Chronic sinusitis
- Chronic rhinitis
- Sleep apnea
- Pulmonary fibrosis
- Granulomatous disease
- Cardiovascular problems
- Immune system disorders
In 2022, the PACT Act expanded benefits for millions of veterans suffering from burn pit-related conditions, thereby establishing a presumption of exposure in specific regions. You only need to meet the service requirements for the presumption.
Gulf War Illnesses (Southwest Asia vs. Afghanistan)
Veterans who served in the Gulf War and in specific Southwest Asia regions may experience a collection of unexplained symptoms referred to as Gulf War Illness. These symptoms are believed to result from exposure to nerve agents, hazardous chemicals, pesticides, and other environmental hazards, although the exact causes for these illnesses remains unknown.
Symptoms of Gulf War Illness:
- Chronic fatigue
- Muscle pain
- Joint pain
- Headaches
- Respiratory disorders
- Gastrointestinal issues
The VA recognizes Gulf War Illness for military personnel who served in Iraq, Kuwait, Saudi Arabia, and other Southwest Asia locations. Those who served in Afghanistan may qualify for similar benefits if their symptoms and conditions are linked to environmental hazards encountered during service.
Project 112 and Project SHAD
During the Cold War, the U.S. military conducted chemical and biological warfare testing under Project 112 and its subset, Project SHAD (Shipboard Hazard and Defense). These tests exposed service members to hazardous chemical and biological warfare agents harmful to human health. Associated health problems include but may not be limited to:
- Neurological disorders
- Respiratory conditions
- Pulmonary disease
- Cancer
- Autoimmune diseases
Veterans who were unknowingly involved in these tests can qualify for VA benefits that include affordable health care. The VA provides a list of identified test locations and ships to verify exposure.
Radiation Exposure
Veterans involved in nuclear testing, cleanup of contaminated sites, or operations near nuclear reactors may have been exposed to harmful radiation. Human health conditions linked to radioactive exposure include:
- Various cancers (leukemia, thyroid, lung, and bone cancer)
- Cataracts
- Non-malignant thyroid nodular disease
Veterans who participated in nuclear weapons tests or were stationed in areas like Hiroshima or Nagasaki after the atomic bombings may qualify for presumptive condition benefits.
How to File for VA Disability Benefits for Toxic Exposure
If you’ve developed a health condition related to exposure during your military service, filing a VA disability compensation claim is the first step to securing the disability benefits you’re entitled to. Here’s a step-by-step guide that can get you started.
1. Gather Medical Evidence of Exposure
To support your disability claim, you’ll need to demonstrate that you were exposed to a hazardous material during your military service. Depending on the circumstances, this may include:
- Military service records showing where you were stationed.
- Documentation of specific duties or events that may have involved exposure.
- Medical records linking your condition to the exposure.
2. Obtain a Medical Diagnosis
A current diagnosis is essential for any VA disability claim. This typically includes a health exam and toxic exposure screening. Make sure your medical care records clearly document your condition and any associated symptoms. If possible, seek a medical opinion linking your illness to the toxic exposure.
3. File a Claim for Compensation with the VA
You can file for disability compensation online through the VA’s website, in person at a Regional Office, or with the help of a Veterans Service Organization (VSO). Be sure to include all relevant documentation, such as:
- Your DD-214 or other discharge papers.
- Medical records and test results confirming your current diagnosis.
- Statements from doctors or specialists.
4. Consider Presumptive Conditions
The VA recognizes certain conditions as presumptions of exposure, meaning you don’t need to prove a direct link between your illness and service. For example, veterans exposed to Agent Orange who develop Parkinson’s disease are automatically eligible for benefits without additional evidence of causation.
5. Respond to VA Requests
The VA may request additional information or schedule a Compensation and Pension (C&P) exam to assess your condition. Respond to these requests promptly to avoid delays in processing your claim.
6. Appeal if Necessary
If your claim is denied, don’t give up. You have the right to appeal the decision, and a skilled attorney or Veterans Service Officer can make your case stronger during the appeals process.
Why You Should Consult an Attorney
Although they provide critical benefits and health care for veterans, toxic exposure cases can be complicated to pursue, especially if you’re unfamiliar with VA policies. They also require detailed evidence and sometimes expert medical opinions to establish a clear connection between your illness and your military service. Proving this link can be especially difficult when symptoms develop years after exposure or when service records of exposure are incomplete.
An experienced VA disability attorney can make a difference by handling these requirements and making sure your claim is as strong as possible. Here’s an overview of how they can help:
- Gather Medical Evidence and Build a Strong Claim: A VA disability attorney will work with you to collect the necessary military records, medical documentation, and witness statements to support your case for service connection. They may also collaborate with medical or occupational health care experts to provide opinions that make your claim stronger and establish the required direct service connection if presumptions do not apply.
- Determine If Your Condition Qualifies as a Presumptive Illness: Certain conditions are automatically presumed to be service-related if you meet specific criteria, such as serving in a location known for toxic exposure. A skilled attorney will review your service history and medical records to determine if your condition qualifies under the VA’s presumptive condition lists. This can simplify the claims process a lot, as it removes the need to prove a direct link between your condition and your service.
- Handle Appeals If Your Claim Is Denied: A denied claim doesn’t mean the end of the road. It is not uncommon for VA to deny service connection solely because the illness or disease is not presumptively related to the claimed toxic exposure. An attorney can review the VA’s reasoning for denial, identify gaps or weaknesses in the evidence, and develop a strategy to bolster your case during the appeals process. They can also represent you in hearings and ensure that your rights are protected at every stage.
With the help of a veterans disability benefits attorney, you can make your claim even stronger, avoid common pitfalls, and maximize your chances of securing the benefits you deserve.
Speak to a VA Disability Benefits Lawyer Today
Exposure to hazardous substances during military service can lead to serious, life-altering health conditions. Whether you were exposed to Agent Orange during active duty in Vietnam, had contact with asbestos aboard a ship, or worked around burn pits in Iraq and Saudi Arabia or elsewhere, the VA offers disability benefits to help you and your family manage the long-term impact of your service.
Filing a claim isn’t always easy, but help is available. At Perkins Studdard LLC, we have spent years helping eligible veterans in Georgia and across the country secure their VA disability compensation. If you’ve been affected by toxic exposure, radioactive material, and other occupational hazards, contact our team today for a free consultation. We’ll work with you to ensure you receive the benefits you’ve rightfully earned.
Related:
VA Benefits for Aging Veterans
Understanding the Veterans Disability Rating System: What You Need to Know
