What rights or benefits, if any, do I have as a veteran for cancer caused by burn pits in Afghanistan while there as a civilian contractor?

CPT Cal Sieg — Thu, 13 Jul 2023 14:08:31 -0400

From May 2011 to May 2012 I was with the Army 1st Cav Division at Bagram, AFghanistan. While there my voice changed and later diagnosed as cancer in my larynx. With the VAs burn pit policy, do I have any recourse? I know precedent exists from a WWII case where civilians in support of Army Air Corps were awarded VA benefits despite having never been in service.

Response by COL Randall C. made Jul 13 at 2023 2:45 PM

COL Randall C. — Thu, 13 Jul 2023 14:45:37 -0400

As you pointed out, civilians and contractors could be eligible for VA benefits, but there has to be a determination by the Secretary of Defense. However, that determination has only been made for some civilians and contractors involved in World War I and World War II.

Contractors that were injured or became ill while supporting DoD overseas would have a workman's compensation disability claim under the War Hazards Compensation Act* (most likely, under the Defense Base Act* from your description).
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* War Hazards Compensation Act - https://www.ecfr.gov/current/title-20/chapter-I/subchapter-F/part-61
* Defense Base Act overview - https://www.dol.gov/agencies/owcp/dlhwc/lsdba

20 CFR Part 61 -- Claims for Compensation Under the War Hazards Compensation Act, as Amended

Response by SPC Private RallyPoint Member made Jul 14 at 2023 9:15 AM

SPC Private RallyPoint Member — Fri, 14 Jul 2023 09:15:35 -0400

As a veteran, you can apply for compensation. Part of that application needs to include a doctor's statement that you have cancer in your larynx and that the cause is your exposure to burn pits. Also, include any parts of your military medical record that speaks to problems with your change in voice and that you were exposed to burn pits. Put as many items as you can think of in developing a "nexus" (the V.A. LOVES the word "nexus" so be sure to include this word in your application for compensation!). And please be aware that the V.B.A. will deny your application; you have to appeal its decision. Don't become despondent over a denial. Every time you receive a subsequent denial, APPEAL! And make sure that your appeals are within the V.B.A.'s mandated time frames. It doesn't have to follow its own time frames, but YOU must! If needed, get an attorney involved. Good luck. It took 15 1/2 years for the V.B.A. to finally rate me appropriately for the PTSD and MDD that was the result of my service in the U.S. Army. So, be patient. . . .