Lawsuit claims Army wrongly classed Burn-Pit Illnesses

The U.S. Army faced a class-action lawsuit by two army veterans at the end of the previous year, claiming that their burn pit-related illnesses were improperly classified as non-combat related. This classification resulted in the veterans being taxed on their medical retirement pay, which should be tax-free if the illnesses are considered combat-related.

Sgt. 1st Class Kyle Smoke and Lt. Col. Jennifer McIntyre, both retired veterans who served in Iraq (McIntyre also in Afghanistan) took their case to the U.S. District Court in Washington, D.C. to represent all U.S. Army veterans affected by burn pit-related illnesses acknowledged by the VA. Despite diagnoses linked to burn pit exposure under the PACT Act, both veterans found the Army denying their illnesses as combat-related.

A lack of proper waste disposal alternatives led to the use of burn pits in areas where they were deployed, increasing the risk of exposure to hazardous materials. Despite the VA recognizing their conditions, the Army’s informal and formal Physical Evaluation Boards had contradicting conclusions regarding the combat-related nature of their ailments. It was highlighted that the disabilities are combat-related, caused by an “instrumentality of war” — the burn pits that were a necessity in combat zones.

Eventually, Sgt. 1st Class Smoke’s asthma claim received Combat-Related Special Compensation approval due to instrumentality of war, yet he is still taxed on his medical retirement pay. Lt. Col. McIntyre faced similar challenges with her diagnosis of metastatic breast cancer that was not classified as combat-related despite being diagnosed during a mission in a combat zone.

The PACT Act expanded healthcare and benefits for post-9/11 veterans exposed to burn pits and other environmental hazards. The act allowed for expedited health care and disability compensation for individuals with conditions presumed to be connected to military service. This legislation was considered a long-overdue step in meeting the obligations of caring for the country’s veterans regarding toxic exposure.

With millions of military personnel exposed to burn pits, studies have shown the presence of toxic compounds in the fumes that could lead to airway diseases and health complications. The Defense Department’s regulations enforced in 2009 aimed to segregate hazardous waste and mitigate issues arising from burn pits. Despite these measures, several bases continued to use burn pits beyond 2014, indicating ongoing health hazards for deployed personnel. The impacts of these regulations on veterans’ health outcomes remain a subject of concern and need further investigation.