Common Toxic Exposure Issues for Veterans

Toxic exposure in military service refers to contact with harmful chemicals, substances, or environmental hazards. These exposures can cause diseases that manifest in the short or long term, making it difficult to establish a direct link between the exposure and the resulting condition. Whether the exposure occurred during combat, training exercises, or while stationed in areas where harmful chemicals were prevalent, the consequences of these exposures are serious and often life-altering.

Many Veterans exposed to toxins suffer from chronic diseases like cancer, respiratory issues, cardiovascular problems, neurological conditions, and mental health disorders. While some exposures, such as Agent Orange, are well-documented and have a recognized presumptive connection to certain diseases, others like burn pits and depleted uranium require substantial evidence to establish a service connection.

Veterans are exposed to numerous toxic substances during their service. Each branch of the military and each specific deployment can bring unique environmental hazards. Common sources of toxic exposure for Veterans include:

Agent Orange

Used during the Vietnam War, Agent Orange is one of the most well-known toxic exposures for Veterans. This chemical herbicide was used to clear dense vegetation and deny enemy cover. However, Agent Orange is now linked to several long-term health conditions, including various types of cancer, Parkinson’s disease, ischemic heart disease, and diabetes. Veterans who served in Vietnam or other areas where Agent Orange was used are at increased risk for developing these illnesses, and the VA recognizes a presumptive service connection for these conditions.

Burn Pits

Burn pits were primarily used in Iraq and Afghanistan to dispose of waste materials, including plastics, chemicals, and even medical waste. The smoke and fumes from burn pits are linked to respiratory diseases, such as chronic obstructive pulmonary disease (COPD) and lung cancer, and can exacerbate cardiovascular and neurological problems. Veterans who spent time in areas where burn pits were in operation often struggle with diseases that significantly impact their quality of life.

Asbestos

Asbestos exposure has long been associated with mesothelioma, lung cancer, and asbestosis. Veterans who served in the Navy, as well as those working in construction or maintenance roles at military bases, are at risk of asbestos exposure. The fibers from asbestos can be inhaled and remain in the lungs for years before causing diseases that are often diagnosed too late for effective treatment.

Depleted Uranium

Depleted uranium (DU) is used in armor-piercing rounds and armor plating, primarily in military vehicles. Exposure to DU can result in kidney damage, lung cancer, and other serious health problems. While this exposure was more common in combat zones, especially in Iraq and the Gulf War, its health consequences may not manifest immediately, making it a particularly difficult condition to diagnose and link to military service.

The diseases resulting from toxic exposure are vast and varied, with many manifesting long after the initial exposure. Below are some of the most common diseases associated with toxic exposure in Veterans:

Cancer

Cancer is one of the most significant health issues linked to toxic exposure, particularly with substances like Agent Orange, asbestos, and burn pit fumes. Veterans exposed to Agent Orange may develop prostate cancer, non-Hodgkin’s lymphoma, soft tissue sarcoma, and other types of cancer. Burn pits have been linked to an increased risk of lung cancer, while asbestos exposure is well-known to cause mesothelioma and other lung cancers. The long latency period of cancer makes it difficult to prove the connection between military service and the disease, which is often a major challenge for Veterans seeking compensation.

Respiratory Conditions

Veterans exposed to burn pits, asbestos, and other chemicals often experience significant respiratory issues, such as chronic obstructive pulmonary disease (COPD), asthma, bronchitis, and pneumonia. The fumes from burn pits contain a combination of toxic chemicals and particulate matter, which can cause long-term damage to the lungs. Asbestos exposure, particularly in confined spaces like military ships, can cause asbestosis, a condition that affects lung tissue and leads to difficulty breathing. Respiratory diseases can significantly impact Veterans’ ability to perform daily tasks and engage in social and work activities.

Neurological Disorders

Toxic exposures, especially those from Agent Orange and burn pits, can also contribute to neurological disorders. Veterans exposed to these substances may experience memory loss, difficulty concentrating, tremors, dizziness, and balance issues. Parkinson’s disease and traumatic brain injury (TBI) are often associated with toxic exposures. These conditions affect cognitive functions and daily activities, making it difficult for Veterans to maintain regular work or personal routines. The progression of these diseases can be slow, making it even more challenging for Veterans to prove the connection between their service and the disease.

Cardiovascular Diseases

Exposure to toxic chemicals like Agent Orange can increase the risk of cardiovascular diseases, including ischemic heart disease, hypertension, and heart failure. Veterans who were exposed to Agent Orange or served in combat zones may have a significantly higher risk of these diseases, which require long-term care and management. Given the nature of these diseases, many Veterans experience significant limitations in their physical abilities and must adapt to a reduced lifestyle.

Mental Health Disorders

While toxic exposure is primarily associated with physical conditions, it can also take a serious toll on Veterans’ mental health. Chronic illness, pain, and the difficulties of navigating the VA disability claims process can lead to depression, anxiety, post-traumatic stress disorder (PTSD), and other psychological conditions. The stress of living with chronic diseases, especially those linked to toxic exposure, can also exacerbate existing mental health challenges, further complicating treatment and recovery.

Toxic exposure claims for Veterans are often met with resistance and denial from the VA despite the well-documented risks associated with certain substances. These denials can be deeply frustrating for Veterans who are dealing with serious and sometimes life-threatening health conditions as a result of their military service. There are several common reasons why toxic exposure claims are denied, and understanding these reasons can help Veterans take the necessary steps to strengthen their case and pursue a successful appeal.

Lack of Clear Medical Evidence

One of the most significant reasons claims for toxic exposure are denied is the absence of clear and comprehensive medical evidence. For many illnesses caused by toxic exposure, symptoms can take years or even decades to manifest. As a result, Veterans may not have immediate medical records documenting their exposure or condition, and the VA may find it difficult to establish a direct connection between military service and the illness. Without strong medical documentation, including diagnostic tests, expert opinions, and consistent treatment history, it becomes challenging to prove that the disease or condition is service-connected.

Insufficient Proof of Service Connection

Even when there is medical evidence of a disease or condition, proving that it is connected to military service can be difficult. For certain exposures, like Agent Orange, the VA has a presumptive service connection, meaning Veterans exposed to the herbicide during service are automatically considered to have a link between their service and specific health conditions. 

That said, for other toxic exposures, such as burn pits, asbestos, or depleted uranium, Veterans must provide substantial evidence to prove the exposure occurred during their service and that it directly led to their illness. Without sufficient proof of this service connection, claims may be denied.

Delayed Diagnosis and Onset of Symptoms

Many toxic exposure-related diseases develop gradually over time. For example, cancers linked to asbestos exposure or respiratory issues caused by burn pits may not show symptoms until many years after service. Because of this delayed onset, Veterans may have difficulty proving that their current health condition is linked to military service, especially if they were not diagnosed during their time in service. The VA often requires detailed medical records, including documentation of symptoms and treatments, to assess the severity of a condition and determine whether it is service-connected.

Failure to Meet the VA’s Criteria

The VA has specific criteria that must be met for a claim to be approved. This includes establishing a direct service connection between the Veteran’s exposure and the resulting health condition. If a Veteran cannot meet these criteria — whether due to lack of proof of exposure or insufficient medical documentation — they may be denied benefits. For instance, if a Veteran does not meet the required threshold for disability severity or if their illness is not recognized under the VA’s list of presumptive conditions, their claim may be rejected.

Inconsistent or Incomplete Service Records

Veterans who are unable to provide comprehensive service records documenting their exposure to toxic substances are at a disadvantage when filing a claim. This is especially common for Veterans who served in combat zones or other locations where toxic materials were prevalent but where documentation may not have been fully recorded or maintained. Without service records that clearly indicate exposure to toxic substances like Agent Orange, burn pits, or asbestos, the VA may not be able to establish a connection between service and the illness, leading to a claim denial.

Misunderstanding of Eligibility

Some Veterans may not fully understand the eligibility requirements for toxic exposure claims. The VA has specific guidelines for who qualifies for compensation, and these guidelines often include time limits or specific conditions for diseases that are linked to toxic exposures. Veterans who file claims without understanding these requirements may inadvertently miss critical steps or submit incomplete information, which can lead to their claims being denied. Additionally, Veterans may not be aware of the presumptive conditions list, which outlines specific diseases linked to certain toxic exposures. If their condition is not included in the list, they may face a much more difficult battle to prove the service connection.

Toxic exposure claims can be complex, and the VA’s denials are often rooted in a lack of medical evidence, difficulty proving the service connection, or misunderstanding of the eligibility criteria. These challenges can make it difficult for Veterans to secure the compensation they need, but with the right legal representation, many of these barriers can be overcome. If your claim has been denied, seeking legal assistance from a lawyer experienced in handling toxic exposure appeals can significantly improve your chances of success.