The long-term effects of burn pit exposure are finally receiving the national attention they deserve. For decades, U.S. service members stationed in Iraq, Afghanistan, and other overseas locations were exposed to toxic smoke from open-air waste pits. In 2025, new federal laws and legal pathways have opened the door to disability compensation and lawsuits for veterans suffering from burn pit-related illnesses.
If you or someone you know served near burn pits and is now experiencing respiratory, neurological, or cancer-related symptoms, this guide breaks down what you need to know about burn pit lawsuits, VA claims, and compensation options in 2025.
What Are Burn Pits?
Burn pits are large, open-air areas used to dispose of military waste during U.S. operations, particularly in:
- Iraq
- Afghanistan
- Kuwait
- Qatar
- Djibouti
- Saudi Arabia
- Syria
- Somalia
Materials burned included plastics, ammunition, medical waste, electronics, fuel, human waste, and chemicals. The resulting smoke contained toxic particulates and carcinogens that were inhaled by nearby troops and contractors—often for months or years.
Health Issues Linked to Burn Pit Exposure
Scientific research and veterans’ testimonies have connected burn pit smoke exposure to a range of serious health issues, including:
- Chronic bronchitis and asthma
- Chronic rhinitis and sinusitis
- COPD and emphysema
- Lung and throat cancer
- Glioblastoma and brain cancer
- Kidney cancer
- Reproductive cancers
- Sleep apnea
- Autoimmune disorders
- Skin rashes and chronic fatigue
In many cases, symptoms take years to develop, and veterans may not realize the connection until much later.
What Legal Options Do Veterans Have in 2025?
There are two main legal pathways for veterans affected by burn pits:
1. VA Disability Claims (Presumptive Conditions under the PACT Act)
The Honoring Our PACT Act, passed in 2022 and expanded through 2024, established dozens of presumptive conditions related to burn pit exposure. Veterans no longer have to prove a direct link between their illness and service—just that they served in an eligible location during a qualifying time period.
Presumptive Conditions Include:
- Asthma, sinusitis, rhinitis
- Chronic bronchitis
- Brain, kidney, and reproductive cancers
- Head and neck cancers
- Respiratory illnesses
Qualifying Locations and Time Periods:
- Iraq, Afghanistan, and other Southwest Asia regions after 1990
- Any veteran exposed to airborne hazards during deployment
- Navy veterans stationed near burn pits on ships or coastal facilities
What You Can Get:
- Monthly tax-free disability payments
- VA healthcare for your condition
- Backpay from your date of diagnosis or application
- Dependent benefits and family support
2. Private Burn Pit Lawsuits (Mass Torts and Federal Claims)
Some veterans are also filing civil lawsuits against military contractors responsible for managing waste and establishing burn pits. These include companies like:
- KBR (Kellogg Brown & Root)
- Halliburton
- Other private defense contractors
These lawsuits argue that these contractors failed to follow safe disposal practices and exposed troops to unnecessary health risks.
Status of Burn Pit Litigation (2025):
- Lawsuits have been filed in multiple federal courts
- Legal theories include negligence, failure to warn, and wrongful death
- Class actions and mass tort consolidations are forming
- Legal outcomes may lead to significant financial settlements
These lawsuits do not interfere with VA benefits, meaning you can file both a claim with the VA and a civil suit with a private attorney.
Who Is Eligible to File a Burn Pit Claim or Lawsuit?
You may qualify if:
- You served near a burn pit (check VA.gov for the list of eligible countries and bases)
- You have been diagnosed with a condition on the VA’s presumptive list or one that your doctor believes is connected to burn pit exposure
- You received an honorable or general discharge
- You’re filing a private lawsuit due to negligence by a third-party contractor
Family members of deceased veterans may also file survivor claims or wrongful death lawsuits if burn pit exposure contributed to their loved one’s passing.
How to File a VA Burn Pit Claim in 2025
Step 1: Gather Evidence of Service Location
Use your DD-214 or deployment orders to show time spent near burn pit locations.
Step 2: Collect Medical Records and Diagnosis
Provide a current diagnosis of your illness and medical history. VA now recognizes many conditions as presumptively service-connected.
Step 3: Apply Using VA Form 21-526EZ
Submit your claim online at VA.gov, by mail, or through a Veterans Service Organization (VSO).
Step 4: Complete a C&P Exam (If Requested)
The VA may ask you to attend a Compensation & Pension exam to confirm your symptoms.
Step 5: Track Your Claim and Follow Up
You can check your claim status via the VA portal. If denied, you may file a supplemental claim or request a higher-level review.
How to File a Burn Pit Lawsuit (Non-VA Legal Action)
Step 1: Contact a Mass Tort or Military Injury Law Firm
Choose a firm experienced in military toxic exposure cases. Most work on a contingency basis, meaning no fees unless you win.
Step 2: Provide Medical and Service Documentation
Your attorney will help you collect medical evidence and prove service at a location with known burn pit exposure.
Step 3: File Your Lawsuit Before the Deadline
Each state and federal system has a statute of limitations, often between 2 to 3 years from diagnosis or death.
Step 4: Monitor for Settlement Opportunities
If a global settlement is reached, your case may be included. Your attorney will advise on payouts, appeals, or trial options.
What Compensation Can Veterans and Families Receive?
| Type of Compensation | What It Covers |
|---|---|
| VA Disability Payments | Monthly, tax-free payments based on disability rating |
| Back Pay | Retroactive benefits from the date of application |
| Medical Costs | Surgeries, medications, therapy, ongoing care |
| Lost Wages | Career impacts, early retirement, reduced work capacity |
| Pain and Suffering | Emotional distress, quality of life reduction |
| Wrongful Death Benefits | Spouse and dependent compensation, funeral costs |
| Civil Lawsuit Settlements | Compensation from negligent defense contractors |
Final Thoughts
The fight for recognition of burn pit injuries has taken years—but in 2025, real progress is finally being made. Veterans exposed to toxic smoke are now eligible for expanded VA benefits and, in some cases, private lawsuit compensation.
If you’re dealing with a chronic illness tied to service near burn pits, now is the time to act. Whether you file a VA claim, a civil lawsuit, or both, you deserve justice, healthcare, and financial security for the sacrifices you’ve made.