Open-air waste disposal pits (burn pits) dotted Afghanistan and Iraq during those long wars. Those conflicts are over now, but the private military contractors who lived and worked near these burn pits still suffer serious ill effects, some of which are outlined below. In most cases, burn pit-related illnesses are debilitating or fatal. The DoD reasoned that, since burn pits were safely used during the Persian Gulf War, at least for the most part, they were safe to use in Afghanistan as well.
Over 10 years after the first burn pit, veterans began getting seriously ill or dying, and the VA approved benefits for these victims. However, it’s been very slow going for regular servicemembers. The uptick in claims has clogged the system, and Claims Examiners are very stingy during initial reviews. In contrast, the Department of Labor, which oversees the Defense Base Act, has been promptly paying these claims for many years.
Although contractors are entitled to significant benefits, only a Defense Base Act lawyer can secure them. An attorney thoroughly prepares a solid, evidence-based case. A lawyer is also a very good negotiator. That’s an important skill since most Defense Base Act claims settle out of court. The stakes are high. DBA injury benefits usually include lost wage replacement and medical bill payment. These benefits are usually available for the duration of a temporary or permanent disability.
Asthma
One of the most common burn pit conditions could be disabling in many cases, even if it is relatively mild.
Many contractors must have full, normal use of their lungs to do their jobs. Additionally, many contractors have pre-existing conditions that, when mixed with asthma, add up to a disabling condition.
Usually, a Defense Base Act lawyer can only obtain benefits if the victim was diagnosed with asthma after deployment ended.
Chronic Bronchitis
This long-term condition causes inflammation of the breathing tubes or bronchi. It is characterized by a chronic cough that produces mucus. Symptoms include a cough that produces mucus most days of the year for at least three months, extreme fatigue, chest discomfort, and shortness of breath.
Chronic bronchitis can lead to chronic obstructive pulmonary disease (COPD), which is a condition that includes emphysema. Chronic bronchitis can increase the risk of lower respiratory tract infections.
If a contractor develops CB complications, a Defense Base Act lawyer can usually obtain compensation for that complication.
Chronic Obstructive Pulmonary Disease (COPD)
One of the leading causes of death in the United States is a progressive lung disease that makes it difficult to breathe. It is caused by damage to the lungs that narrows the airways and makes breathing more difficult.
Although COPD is a condition that can get worse over time, COPD is treatable. With proper management, most people with COPD can control symptoms and improve their quality of life. Proper management also can lower the risk of other conditions linked to COPD, such as heart disease and lung cancer.
Constrictive or Obliterative Bronchiolitis
Inflammation, usually caused by toxic particles, such as burn pit toxins, obstructs the smallest airways of the lungs (bronchioles).
Bronchiolitis obliterans results in worsening shortness of breath, wheezing, and a dry cough. The symptoms can start gradually, or severe symptoms can occur suddenly. Frequent complications include inhalation damage, post-transplant auto-immune injury, and several auto-immune diseases.
A few CB treatments, such as a radical lung transplant, are available, but outcomes are often poor, with most people dying in months to years
Emphysema
In emphysema, the inner walls of the lungs’ air sacs, called alveoli, are damaged, causing them to eventually rupture. This creates one larger air space instead of many small ones and reduces the surface area available for gas exchange. Emphysema is a long-term lung condition that causes shortness of breath.
Life expectancy varies according to age and stage of emphysema. Smoking, which reduces emphysema life expectancy by an average of 3.5 years, also factors into your life expectancy. Genetic factors must be considered as well.
The aforementioned pre-existing condition rule usually includes voluntary conditions, like smoking, and involuntary ones, like genetic makeup.
Granulomatous Disease
Chronic Granulomatous Disease (CGD), also known as Bridges–Good syndrome, chronic granulomatous disorder, and Quie syndrome, is a diverse group of hereditary diseases in which certain cells of the immune system have difficulty forming the reactive oxygen compounds (most importantly the superoxide radical due to defective phagocyte NADPH oxidase) used to kill certain ingested pathogens. This leads to the formation of granulomas in many organs. CGD affects about 1 in 200,000 people in the United States, with about 20 new cases diagnosed each year.
For many years, CGD was almost always fatal. Recent experience from centers specializing in the care of patients with CGD suggests that the current mortality has fallen to under 3%. CGD was initially termed “fatal granulomatous disease of childhood” because patients rarely survived past their first decade in the time before routine use of prophylactic antimicrobial agents. The average patient now survives at least 40 years.
Interstitial Lung Diseases
This group of chronic lung conditions causes inflammation and scarring in the lungs. This scarring, also known as pulmonary fibrosis, can make it difficult to breathe and get enough oxygen into the bloodstream. Symptoms include:
- Shortness of breath, especially during activity,
- Dry cough,
- Chest discomfort,
- Unexplained weight loss,
- Fatigue,
- Muscle and joint pain, and
- Bluish color of the skin, lips, or fingernails (cyanosis).
The disease may get worse slowly or rapidly at a pace that often can’t be predicted. Once lung scarring occurs, it generally isn’t reversible. Treatment focuses on keeping more scarring from occurring, managing symptoms and making quality of life better. Medicines may slow the damage of interstitial lung disease, but many people never fully use their lungs again. A lung transplant is an option for some people who have ILD.
Pleuritis
Pleurisy, also known as pleuritis, is a condition that causes inflammation of the pleura, the tissue that surrounds the lungs and lines the chest cavity. This inflammation can cause sharp chest pain, especially when breathing or coughing.
Pulmonary Fibrosis
Pulmonary fibrosis is a chronic lung disease that causes scarring in the lungs, making it difficult to breathe.
Sarcoidosis
Sarcoidosis is a condition that causes lumps or nodules (granulomas) to form in your lungs, lymph nodes, skin, eyes, and other parts of your body. Symptoms include cough, shortness of breath, tender sores on your shins, eye pain, and redness.
Sarcoidosis most commonly affects your lungs and lymph nodes, but it can affect any organ in your body. The symptoms of sarcoidosis vary depending on which organs are affected by the disease as well as its severity. Sarcoidosis in the lungs is often separated into the “Scadding stages” based on the chest X-ray.
For more information about DBA benefits, contact Barnett, Lerner, Karsen, Frankel & Castro, P.A.