New Burn Pit Bills Signed into Law
February 02, 2022
Lawmakers have recently passed a pair of bills that aim to address the military’s use of toxic burn pits. This new burn pit legislation included 2 bills that were signed into law on December 28, 2021, as part of the National Defense Authorization Act for 2022.
New Burn Pit Legislation
The bills are:
- H.R. 4397 – Department of Defense Burn Pits Health Provider Training Act: This will require the Defense Department to implement mandatory training for all medical providers under DoD on the potential health effects of burn pits.
- H.R. 4400 – Burn Pit Registry Expansion Act: This will require the DoD and Department of Veterans Affairs to expand the Burn Pits Registry to include Egypt and Syria.
The burn pit registry is gathering data that VA can use to better understand the effects of burn pits. VA uses this data to make determinations about which conditions should be labeled “presumptive”. Click here to access VA’s Burn Pit Registry.
Pending Legislation
There are currently two pairs of pending burn pit legislation. They are the Comprehensive and Overdue Support for Troops or COST of War Act of 2021. The latter is the Honoring our Promise to Address Comprehensive Toxics or Honoring our PACT Act of 2021.
Both bills would accomplish the following:
- Grant VA health care enrollment eligibility to any veteran who suffered toxic exposures while in service regardless of their service-connected disability claim status.
- Create a list of presumptive disabilities for veterans exposed to burn pits and other toxic substances.
- Concede exposure to burn pits and other airborne hazards for veterans who served in areas where they were known to be used.
- Ensure VA adopts a framework to establish new presumptive disabilities in a timely manner based on scientific data.
- Develop a training module to ensure VA providers and benefits personnel are able to properly identify, treat, and assess the impact of illnesses related to toxic exposure.
- Require a toxic exposure questionnaire at the beginning of every VA primary care appointment.
Previously Passed Legislation
Since August 5, 2021, the VA regulations were updated to include a presumption of service connection for veterans exposed to burn pits for:
- Asthma
- Rhinitis
- Sinusitis
That update also expanded to include veterans who served in the Southwest Asia theater of operations from August 2, 1990, to the present, or in Afghanistan, Uzbekistan, Syria, or Djibouti from September 19, 2001, to the present.
Learn more about this update in our previous blog, New Presumptive Conditions for Burn Pit Victims.
If you are a veteran or surviving family member of a veteran who meets the criteria for these presumptive conditions, please call Legal Help For Veterans, PLLC for assistance at (800) 693-4800.