A Veteran’s Guide to a Burn Pit VA Disability Rating

In 2022, President Biden enacted the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act (PACT Act). This new law expands VA compensation for veterans, family members, and caregivers who have developed an illness due to exposure to burn pit fumes, environmental toxins, and radiation.

This law creates a presumption that burn pits are the cause of certain health conditions. Therefore, if you served in one of the duty stations that led to burn pit exposure and developed a burn pit-linked condition, you should be automatically approved for disability benefits.

Who Is Eligible for Burn Pit VA Disability Compensation?

To be eligible for disability compensation due to conditions linked to burn pit exposure, you must meet three initial conditions:

1. You have been diagnosed with an illness or other health condition caused by exposure to burn pits.
2. You served on active duty in a qualifying location during a qualifying period.
3. You didn’t receive a dishonorable discharge.

Currently, disabled veterans who served in specific regions during periods where burn pits were active are eligible for PACT Act compensation.

This includes:

• Those serving in the active military, Air Force, or Navy on or after August 2, 1990, in (or in the airspace above):
  • Saudi Arabia
  • Somalia
  • Iraq
  • Qatar
  • Oman
  • Kuwait
  • United Arab Emirates
  • Bahrain
• Those serving in the active military, Air Force, or Navy on or after September 11, 2001, in (or in the airspace above):
  • Syria
  • Lebanon
  • Uzbekistan
  • Jordan
  • Egypt
  • Yemen
  • Djibouti
  • Afghanistan

The military will have your service records to verify that you were present in the relevant duty stations.

Presumptive Health Conditions

Typically, the VA asks veterans to prove that military service contributed to a disability. This is not the case with conditions on the so-called “presumptive list.” If you have one of the conditions on the presumptive list, the VA assumes your service in the relevant duty stations is linked to your current health condition. You only need to demonstrate that you have been diagnosed with one of the presumptive conditions, and it causes a disability.

If you have a health condition that is not on the presumptive list but may be linked burn pit exposure, you can still apply for disability benefits. In that case, you will be responsible for demonstrating the service connection.

This process requires a more complex application. You will need to show evidence of your current disability. You will need to demonstrate that your conditions compromise your well-being and ability to work. You will also need to compile medical evidence of your condition, including diagnosis and treatment records from doctors, test results, or medical imaging records. You will also need to document a direct connection between your exposure to burn pits and your current disability.

How Much Will the VA Pay Me?

The VA employs a rating system to calculate disability benefits. The VA assigns a percentage to each condition, rated on the “Schedule for Rating Disabilities”scale. Benefits are assigned based on your symptoms and the degree of “occupational and social impairment” your condition causes. Total impairment entitles veterans to 100% disability. Lower levels of impairment qualify veterans for partial disability ratings and reduced monthly payments.

Each condition has its own benefit rating. If you have multiple eligible conditions, your combined rating is the sum of all service-connected disabilities. The VA uses a formula called the combined rating table to come up with the combined rating. Your combined rating can range from 0% to 100%, with 10% increments.

The monthly money you receive will vary based on your combined disability rating. Rates for a qualifying veteran in 2022 are:

• 30%: $467.39
• 40%: $673.28
• 50%: $958.44
• 60%: $1,214.03
• 70%: $1,529.95
• 80%: $1,778.43
• 90%: $1,998.52
• 100%: $3,332.06

Your payment may increase if you have dependents or if you qualify for special compensation. If you have a rating of 30% or higher, you are eligible to receive additional benefits for any dependents (e.g., spouse, children, dependent parents).

Updates to Past and Pending Applications for Burn Pit Conditions

If you have previously applied for benefits for conditions now considered presumptive, the VA will contact you about your eligibility for benefits. If you have a pending claim for a presumptive condition, the VA states that you do not need to change anything. The VA will apply the new rules to your pending application and notify you of their decision when your application is completed.

Veterans Disability Info

At Veterans Disability Info, we can answer your questions about burn-pit-linked conditions. Our lawyers are committed to helping veterans get disability compensation. Make an appointment for a no-obligation consultation with us now online or by phone at 888.878.9350.

VA Burn Pit Disability Ratings for Conditions on the Presumptive List

Current disability ratings for conditions on the presumptive list according to the Schedule for Disability Ratings from the Department of Veteran’s Affairs. The information contained here is accurate as of 9/30/2022. In the future, the VA may update the ratings to reflect changes to the law.

Brain cancer, including glioblastoma (8002)

• 100% – Disability rating in code 8002 will be continued for two years following cessation of surgical, chemotherapeutic, or other treatment modality. If the residuals have stabilized, neurological residuals will be rated according to symptomatology.

Gastrointestinal cancer of any type, including pancreatic cancer (7343)

• 100% – A rating of 100 percent shall continue beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy, or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by a mandatory VA examination.

Head and Neck Cancer of Any Type

• Oral cancers (9918)
  • 100% – A rating of 100 percent shall continue beyond the cessation of any surgical, radiation, antineoplastic chemotherapy, or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by a mandatory VA examination.
• Ocular cancers (6014)
  • 100% – Malignant neoplasms of the eye, orbit, and adnexa (excluding skin) that require therapy comparable to those used for systemic malignancies, i.e., systemic chemotherapy, X-ray therapy more extensive than the area of the eye, or surgery more extensive than enucleation. Continue the 100 percent rating beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy, or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating will be determined by a mandatory VA examination.
• Ear cancers (6208)
  • 100% – A rating of 100 percent shall continue beyond the cessation of any surgical, radiation treatment, antineoplastic chemotherapy, or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by a mandatory VA examination.
• Throat and nasal cancers (6819)
  • 100% – A rating of 100 percent shall continue beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy, or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by a mandatory VA examination.

Kidney Cancer (7528)

• 100% – Malignant neoplasms of the genitourinary system. A rating of 100 percent shall continue beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy, or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by a mandatory VA examination.

Lymphoma/Lymphatic Cancer of Any Type

• 7709 Hodgkin’s lymphoma
  • 100% – With active disease or during a treatment phase
• 7715 non-Hodgkin’s lymphoma
  • 100% – When there is an active disease, during the treatment phase, or with an indolent and non-contiguous phase of low-grade NHL

Melanoma (7833)

• 100% – If a skin malignancy requires therapy that is comparable to that used for systemic malignancies, i.e., systemic chemotherapy, X-ray therapy more extensive than to the skin, or surgery more extensive than wide local excision, a 100-percent evaluation will be assigned from the date of onset of treatment.
• Ratings for more localized melanomas are classified by the amount of scarring and/or loss of function.

Reproductive Cancer of Any Type

• Gynecological cancers (7627)
  • 100% – A rating of 100 percent shall continue beyond the cessation of any surgical, radiation, antineoplastic chemotherapy or other therapeutic procedures. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by a mandatory VA examination.
  • Permanent loss of use of reproductive organs may entitle you to additional compensation.
• Breast cancer (7630)
  • 100% – rating of 100 percent shall continue beyond the cessation of any surgical, radiation, antineoplastic chemotherapy, or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by a mandatory VA examination.
  • Additional disability ratings may be applied for impairment of function due to scars, lymphedema, or disfigurement (e.g., limitation of the arm, shoulder, and wrist motion, or loss of grip strength, loss of sensation, or residuals from harvesting of muscles for reconstructive purposes), and/or under diagnostic code 7626.
• Cancers of the male reproductive organs (7528)
  • 100% – Following the cessation of surgical, X-ray, antineoplastic chemotherapy, or other therapeutic procedure, the rating of 100 percent shall continue with a mandatory VA examination at the expiration of six months.
  • Permanent loss of use of reproductive organs may entitle you to additional compensation.

Respiratory cancer of any type (6819)

• 100% – Neoplasms, malignant, any specified part of the respiratory system exclusive of skin growths. A rating of 100 percent shall continue beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy, or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by a mandatory VA examination.

Asthma That Was Diagnosed After Service (6602):

• 100% – FEV-1 less than 40 percent predicted, or FEV-1/FVC less than 40 percent, or more than one attack per week with episodes of respiratory failure, or requires daily use of systemic (oral or parenteral) high dose corticosteroids or immuno-suppressive medications
• 60% – FEV-1 of 40- to 55 percent predicted, or FEV-1/FVC of 40 to 55 percent, or at least monthly visits to a physician for required care of exacerbations, or intermittent (at least three per year) courses of systemic (oral or parenteral) corticosteroids
• 30% – FEV-1 of 56- to 70 percent predicted, or FEV-1/FVC of 56 to 70 percent, or daily inhalational or oral bronchodilator therapy, or inhalational anti-inflammatory medication
• 10% – FEV-1 of 71- to 80 percent predicted, or FEV-1/FVC of 71 to 80 percent, or intermittent inhalational or oral bronchodilator therapy

Chronic Bronchitis (6600)

• 100% – FEV-1 less than 40 percent of predicted value, or; the ratio of Forced Expiratory Volume in one second to Forced Vital Capacity (FEV-1/FVC) less than 40 percent, or; Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) less than 40-percent predicted, or; maximum exercise capacity less than 15 ml/kg/min oxygen consumption (with cardiac or respiratory limitation), or; cor pulmonale (right heart failure), or; right ventricular hypertrophy, or; pulmonary hypertension (shown by Echo or cardiac catheterization), or; episode(s) of acute respiratory failure, or; requires outpatient oxygen therapy
• 60% – FEV-1 of 40- to 55 percent predicted, or FEV-1/FVC of 40 to 55 percent, or DLCO (SB) of 40- to 55 percent predicted, or maximum oxygen consumption of 15 to 20 ml/kg/min (with cardiorespiratory limit)
• 30% – FEV-1 of 56- to 70 percent predicted, or FEV-1/FVC of 56 to 70 percent, or DLCO (SB) 56- to 65 percent predicted
• 10% – FEV-1 of 71- to 80 percent predicted, or FEV-1/FVC of 71 to 80 percent, or DLCO (SB) 66- to 80 percent predicted

Chronic Obstructive Pulmonary Disease (COPD) (6604)

• 100% – FEV-1 less than 40 percent of predicted value, or; the ratio of Forced Expiratory Volume in one second to Forced Vital Capacity (FEV-1/FVC) less than 40 percent, or; Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) less than 40-percent predicted, or; maximum exercise capacity less than 15 ml/kg/min oxygen consumption (with cardiac or respiratory limitation), or; cor pulmonale (right heart failure), or; right ventricular hypertrophy, or; pulmonary hypertension (shown by Echo or cardiac catheterization), or; episode(s) of acute respiratory failure, or; requires outpatient oxygen therapy.
• 60% – FEV-1 of 40- to 55 percent predicted, or FEV-1/FVC of 40 to 55 percent, or DLCO (SB) of 40- to 55 percent predicted, or maximum oxygen consumption of 15 to 20 ml/kg/min (with cardiorespiratory limit)
• 30% – FEV-1 of 56- to 70 percent predicted, or FEV-1/FVC of 56 to 70 percent, or DLCO (SB) 56- to 65 percent predicted
• 10% – FEV-1 of 71- to 80 percent predicted, or FEV-1/FVC of 71 to 80 percent, or DLCO (SB) 66- to 80 percent predicted.

Chronic Rhinitis

• 6522 Allergic or vasomotor rhinitis
  • 30% – With polyps
  • 10% – Without polyps, but with greater than 50 percent obstruction of nasal passage on both sides or complete obstruction on one side
• 6523 Bacterial rhinitis
  • 50% – Rhinoscleroma
  • 10% – With permanent hypertrophy of turbinates and with greater than 50 percent obstruction of nasal passage on both sides or complete obstruction on one side
• 6524 Granulomatous rhinitis
  • 100% – Wegener’s granulomatosis, lethal midline granuloma
  • 20% – Other types of granulomatous infection

Chronic Sinusitis (6510, 6511, 6512, 6513, 6514)

• 50% – Following radical surgery with chronic osteomyelitis, or near constant sinusitis characterized by headaches, pain and tenderness of affected sinus, and purulent discharge or crusting after repeated surgeries
• 30% – Three or more incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting
• 10% – One or two incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting

Emphysema (6603)

• 100% – FEV-1 less than 40 percent of predicted value, or; the ratio of Forced Expiratory Volume in one second to Forced Vital Capacity (FEV-1/FVC) less than 40 percent, or; Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) less than 40-percent predicted, or; maximum exercise capacity less than 15 ml/kg/min oxygen consumption (with cardiac or respiratory limitation), or; cor pulmonale (right heart failure), or; right ventricular hypertrophy, or; pulmonary hypertension (shown by Echo or cardiac catheterization), or; episode(s) of acute respiratory failure, or; requires outpatient oxygen therapy.
• 60% – FEV-1 of 40- to 55 percent predicted, or FEV-1/FVC of 40 to 55 percent, or DLCO (SB) of 40- to 55 percent predicted, or maximum oxygen consumption of 15 to 20 ml/kg/min (with cardiorespiratory limit)
• 30% – FEV-1 of 56- to 70 percent predicted, or FEV-1/FVC of 56 to 70 percent, or DLCO (SB) 56- to 65 percent predicted
• 10% – FEV-1 of 71- to 80 percent predicted, or FEV-1/FVC of 71 to 80 percent, or DLCO (SB) 66- to 80 percent predicted

Interstitial Lung Disease (ILD) (6825-6833)

• 100% – Forced Vital Capacity (FVC) less than 50 percent predicted, or Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) less than 40 percent predicted, or maximum exercise capacity less than 15 ml/kg/min oxygen consumption with cardiorespiratory limitation, or cor pulmonale or pulmonary hypertension, or requires outpatient oxygen therapy
• 60% – FVC of 50- to 64 percent predicted, or DLCO (SB) of 40- to 55 percent predicted, or maximum exercise capacity of 15 to 20 ml/kg/min oxygen consumption with cardiorespiratory limitation
• 30% – FVC of 65- to 74 percent predicted, or DLCO (SB) of 56- to 65 percent predicted
• 10% – FVC of 75- to 80 percent predicted, or DLCO (SB) of 66- to 80 percent predicted

Pulmonary Fibrosis Caused by Interstitial Lung Disease (6825, 6829, 6830)

• 100% – Forced Vital Capacity (FVC) less than 50 percent predicted, or Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) less than 40 percent predicted, or maximum exercise capacity less than 15 ml/kg/min oxygen consumption with cardiorespiratory limitation, or cor pulmonale or pulmonary hypertension, or requires outpatient oxygen therapy
• 60% – FVC of 50- to 64 percent predicted, or DLCO (SB) of 40- to 55 percent predicted, or maximum exercise capacity of 15 to 20 ml/kg/min oxygen consumption with cardiorespiratory limitation
• 30% – FVC of 65- to 74 percent predicted, or DLCO (SB) of 56- to 65 percent predicted
• 10% – FVC of 75- to 80 percent predicted, or DLCO (SB) of 66- to 80 percent predicted

Pulmonary Fibrosis Caused by Restrictive Lung Disease (6845)

• 100% – FEV-1 less than 40 percent of predicted value, or; the ratio of Forced Expiratory Volume in one second to Forced Vital Capacity (FEV-1/FVC) less than 40 percent, or; Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) less than 40-percent predicted, or; maximum exercise capacity less than 15 ml/kg/min oxygen consumption (with cardiac or respiratory limitation), or; cor pulmonale (right heart failure), or; right ventricular hypertrophy, or; pulmonary hypertension (shown by Echo or cardiac catheterization), or; episode(s) of acute respiratory failure, or; requires outpatient oxygen therapy
• 60% – FEV-1 of 40- to 55 percent predicted, or FEV-1/FVC of 40 to 55 percent, or DLCO (SB) of 40- to 55 percent predicted, or maximum oxygen consumption of 15 to 20 ml/kg/min (with cardiorespiratory limit)
• 30% – FEV-1 of 56- to 70 percent predicted, or FEV-1/FVC of 56 to 70 percent, or DLCO (SB) 56- to 65 percent predicted
• 10% – FEV-1 of 71- to 80 percent predicted, or FEV-1/FVC of 71 to 80 percent, or DLCO (SB) 66- to 80 percent predicted

Sarcoidosis (6846)

• 100% – Cor pulmonale, or cardiac involvement with congestive heart failure, or progressive pulmonary disease with fever, night sweats, and weight loss despite treatment
• 60% – Pulmonary involvement requiring systemic high dose (therapeutic) corticosteroids for control
• 30% – Pulmonary involvement with persistent symptoms requiring chronic low dose (maintenance) or intermittent corticosteroids

Constrictive Bronchiolitis or Obliterative Bronchiolitis (6600)*

• 100% – FEV-1 less than 40 percent of predicted value, or; the ratio of Forced Expiratory Volume in one second to Forced Vital Capacity (FEV-1/FVC) less than 40 percent, or; Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) less than 40-percent predicted, or; maximum exercise capacity less than 15 ml/kg/min oxygen consumption (with cardiac or respiratory limitation), or; cor pulmonale (right heart failure), or; right ventricular hypertrophy, or; pulmonary hypertension (shown by Echo or cardiac catheterization), or; episode(s) of acute respiratory failure, or; requires outpatient oxygen therapy
• 60% – FEV-1 of 40- to 55 percent predicted, or FEV-1/FVC of 40 to 55 percent, or DLCO (SB) of 40- to 55 percent predicted, or maximum oxygen consumption of 15 to 20 ml/kg/min (with cardiorespiratory limit)
• 30% – FEV-1 of 56- to 70 percent predicted, or FEV-1/FVC of 56 to 70 percent, or DLCO (SB) 56- to 65 percent predicted
• 10% – FEV-1 of 71- to 80 percent predicted, or FEV-1/FVC of 71 to 80 percent, or DLCO (SB) 66- to 80 percent predicted

Pleuritis (6732)*

• 100% – For one year after the date of inactivity, following active [pleuritis]. Thereafter: Rate residuals under the specific body system or systems affected.

Granulomatous Disease (6828)*

• 100% – Forced Vital Capacity (FVC) less than 50 percent predicted, or Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) less than 40 percent predicted, or maximum exercise capacity less than 15 ml/kg/min oxygen consumption with cardiorespiratory limitation, or cor pulmonale or pulmonary hypertension, or requires outpatient oxygen therapy
• 60% – FVC of 50- to 64 percent predicted, or DLCO (SB) of 40- to 55 percent predicted, or maximum exercise capacity of 15 to 20 ml/kg/min oxygen consumption with cardiorespiratory limitation
• 30% – FVC of 65- to 74 percent predicted, or DLCO (SB) of 56- to 65 percent predicted
• 10% – FVC of 75- to 80 percent predicted, or DLCO (SB) of 66- to 80 percent predicted

*The VA has not yet updated the rating codes to reflect the new law. The wording of several presumptive diagnoses does not exactly match the current ratings code. Until the code is updated, raters will use an analogous Diagnostic Code. In our professional opinion, these diagnostic codes would cover the conditions associated with Burn Pits until such time as the ratings code is updated.