Congressman Raul Ruiz Introduces Comprehensive, Bipartisan Burn Pits Bill

Washington, D.C. -Today, Congressman Raul Ruiz, M.D. (CA-36) announced the introduction of the bipartisan, bicameral Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act. The bill, which is co-led by Rep. Brian Fitzpatrick in the House and U.S. Senators Kirsten Gillibrand (D-NY) and Marco Rubio (R-FL) in the Senate, would streamline the process for obtaining VA benefits for burn pit and other toxic exposures.

'Our veterans cannot wait,' said Dr. Ruiz. 'Service members are returning home from the battlefield only to become delayed casualties of war, dying years later from lung diseases, cancers, and autoimmune diseases caused by their exposure to toxic military burn pits. The VA and DoD cannot continue to neglect this self-inflicted wound on our veterans. That's why I co-authored the Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act with Senator Gillibrand to get our veterans the care they need right now.'

'More than three million service members could have been exposed to toxic burn pits, yet the VA continues to deny them care by placing the burden of proof on veterans suffering from rare cancers, lung diseases, and respiratory illnesses,' said Senator Gillibrand. 'Congress cannot sit by as the VA ignores its duty. The bottom line is that our veterans served our country, they are sick and they need health care-period. The Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act will finally establish a presumptive service connection for veterans exposed to burn pits and other toxins and streamline the process for obtaining vital VA benefits. I am proud to cosponsor this bipartisan legislation with Senator Rubio, and I thank Congressman Ruiz for his leadership in the House. I urge my colleagues on both sides of the aisle to support this bill and to apply common sense and common decency to a broken process.'

'Our war fighters had a job to do, and they did it honorably and without hesitation,' said U.S. Senator Marco Rubio. 'We will never be able to repay them and their families for their sacrifice, but we can - and we must - take care of them now. This historic and long overdue legislation will cut through the red tape to ensure veterans exposed to burn pits and other toxins while defending our nation will receive the care they need and deserve. No more excuses. No more delays. It is time to act.'

'Our veterans are heroes and deserve to be treated as such, yet the VA and DoD continue to deny their earned care,' said Rep. Fitzpatrick. 'Our bipartisan Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act will establish a presumptive service connection for veterans exposed to burn pits and other toxins and streamline the process for obtaining vital VA benefits. I am proud to join Rep. Ruiz and Senator Gillibrand and a broad national coalition of VSOs to ensure our veterans receive the care they deserve. No veteran should die waiting for care.'

'Our families are calling on Congress to pass the Warfighter Presumption Bill. Your constituents, veterans and their families should not have to return from war to face the injustice of the denial of compensation and health care benefits--we will not settle for less than presumption,' said Rosie Torres, Executive Director of Burn Pits 360. 'Together with veteran owned businesses, veteran organizations, Veteran Public Figures, police and firefighter unions and the rest of America we will mobilize a national movement to pass this legislation. We are not fulfilling our moral obligation to protect and serve these service men and women that bore the burden of America's defense. We must take action to chip away at the complex web of barriers, erected by entrenched political and bureaucratic interests, which deprive a class of injured veterans of healthcare and benefits. It's time we recognize these injuries as a true cost of war.'

BACKGROUND

During military operations in the Global War on Terror and the Gulf War, the military employed open-air burn pits in order to burn garbage, medical waste, plastics, and other waste from military installations. At least 230 pits were utilized in Iraq and Afghanistan, and many others were used across the world. The largest of these burn pits was located at Balad Air Base, Iraq, and during its operation, was comprised of 10-acres of burning trash, 24-hours a day, 365 days a year.

It has long been established that burning waste and garbage has significant negative impacts on the environment and human health--which is why using burn pits on American soil is against the law and exposure to other toxic substances is highly regulated. However, the military exposed millions of our men and women in uniform to carcinogenic toxic fumes released by burn pits that were used throughout the Middle East, North Africa, and Southwest Asia. It is estimated that more than 3.5 million military personnel could have been exposed to burn pits, and the VA's Airborne Hazards and Open Burn Pit Registry website shows that nearly 235,000 veterans and service members have completed and submitted a questionnaire to self-report medical information about burn pit exposure.

Veterans are now sick and dying from lung diseases, cancers, and respiratory illnesses after living among this toxic cocktail of dust, smoke and debris while serving our country overseas.

Under current law, a veteran who has an illness or disability must establish a direct service connection in order to be eligible for VA benefits. Direct service connections means that evidence establishes that a particular injury or disease resulting in a disability was incurred while in service in the Armed Forces. For veterans exposed to burn pits, this means they would need to provide medical evidence of a current disease or disability; provide personal or other evidence of in-service physical presence near a specific burn pit or exposure to specific toxins or substance; and provide evidence of a link between the disability or illness and exposure. Upon completion of these steps, the VA determines if there is enough evidence to provide a medical exam and continue with the disability compensation claim. Therefore, it is currently the veteran's responsibility to prove their illness or disability is directly connected to burn pit exposure.

The Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act would remove the cumbersome - and in many cases impossible - 'burden of proof' from the veteran to provide enough evidence to establish a direct service connection between their health condition and burn pit exposure. Rather, the veteran would only need to submit documentation that they received a campaign medal associated with the Global War on Terror or the Gulf War and that they suffer from a qualifying health condition. Campaign medals are awarded to members of the armed forces who deploy for military operations in a designated combat zone or geographical theater.

Presumptive conditions include a wide range of cancers and respiratory illnesses, including: asthma that was diagnosed after service, head cancer, neck cancer, respiratory cancer, gastrointestinal cancer, reproductive cancer, lymphoma cancer, lymphomatic cancer, kidney cancer, brain cancer, pancreatic cancer, melanoma, chronic bronchitis, chronic obstructive pulmonary disease, constrictive bronchiolitis or obliterative bronchiolitis, emphysema, granulomatous disease, interstitial lung disease, pleuritis, pulmonary fibrosis, sarcoidosis.

The following organizations support the bill: Vietnam Veterans of America, Iraq and Afghanistan Veterans of America, The American Legion, Burn Pits 360, Vote Vets, Military Veterans Advocacy, Stronghold Freedom Foundation, Dixon Center, Veterans for Common Sense, Sergeant Sullivan Circle, National Veterans Legal Services Program, Warriors Project, Grunt Style, Feal Good Foundation.

Congressman Raul Ruiz, M.D. is an emergency physician and is the founder and co-chairman of the bipartisan, bicameral Burn Pits Caucus.

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