VA Adds 9 Presumptive Conditions Associated with Burn Pits
April 04, 2022
On March 1, 2022, the Department of Veterans Affairs announced their intention of adding nine rare respiratory cancers to the list of presumptive conditions for veterans exposed to burn pits. At the time this was just a proposal, but fast forward to April 26 and VA announced they have added these nine cancers to the presumptive condition list.
The nine new respiratory cancers are:
- Squamous cell carcinoma of the larynx;
- Squamous cell carcinoma of the trachea;
- Adenocarcinoma of the trachea;
- Salivary gland-type tumors of the trachea;
- Adenosquamous carcinoma of the lung;
- Large cell carcinoma of the lung;
- Salivary gland-type tumors of the lung;
- Sarcomatoid carcinoma of the lung;
- Typical and atypical carcinoid of the lung.
Eligibility
This new policy applies to veterans who served in the Southwest Asia Theater of Operations beginning August 2, 1990, to the present, or in Afghanistan, Uzbekistan, Syria, or Djibouti beginning September 19, 2001, to the present. That includes all veterans who served in the Gulf War, Iraq War, and the War in Afghanistan.
Any veteran who had one of these cancers manifest to a degree of 0% or more at any time during or after separation is eligible for service connection.
How to File
If a veteran qualifies and has not been previously denied service connection for one of these cancers, they should submit a new claim using VA Form 21-526EZ.
If previously denied, a qualifying veteran should file VA Form 20-0995 requesting to reopen a previously denied claim for one of the now-presumptive cancers.
VA will conduct outreach to impacted veterans and survivors to inform them about potential eligibility.
Need Help?
If you are a veteran or surviving family member of a veteran who meets the criteria for these newly added presumptive conditions, please call Legal Help For Veterans, PLLC for assistance at (800) 693-4800.