{"id":40424,"date":"2018-02-15T20:03:39","date_gmt":"2018-02-15T20:03:39","guid":{"rendered":"https:\/\/one.sightlinemg.com\/airforcetimes\/uncategorized\/2018\/02\/15\/burn-pits-downrange-caused-lung-disease-in-service-members-court-rules\/"},"modified":"2026-08-08T03:10:05","modified_gmt":"2026-08-08T03:10:05","slug":"burn-pits-downrange-caused-lung-disease-in-service-members-court-rules","status":"publish","type":"post","link":"https:\/\/one.sightlinemg.com\/airforcetimes\/news\/your-air-force\/2018\/02\/15\/burn-pits-downrange-caused-lung-disease-in-service-members-court-rules\/","title":{"rendered":"Burn pits downrange caused lung disease in service members, court rules"},"content":{"rendered":"\n

Service members and private military contractors who worked around \u201cburn pits<\/a>\u201d downrange, and later suffered from lung and respiratory issues<\/a>, may soon get a breath of fresh air.<\/p>\n\n\n\n

A January court ruling by a judge under the U.S. Department of Labor determined that open-air burn pits are connected to lung disease, according to the decision by the department\u2019s Office of Administrative Law Judges<\/a>. <\/p>\n\n\n\n

The burn pits \u2014 where chemicals were released into the air from trash, abandoned hardware, and other waste being incinerated \u2014 were used throughout U.S. military bases in Iraq and Afghanistan over the course of the wars there.<\/p>\n\n\n\n

\"\"
Officers from various fighter squadrons lift a piano into a burning pit, Sept. 23, 2016, at Seymour Johnson Air Force Base, North Carolina. Pianos are burned every year in memory of the Battle of Britain during World War II and those pilots who never came home. (Airman Shawna L. Keyes\/Air Force)<\/figcaption><\/figure>\n\n\n\n

The case stemmed from claims by Veronica Landry, who worked as a morale, welfare and recreation specialist at two forward operating bases in Mosul, Iraq. She was employed there from March 2004 until February 2005, according to the court.<\/p>\n\n\n\n

She was exposed to smoke from the burn pits \u201cevery day\u201d while working there, according to her testimony.<\/p>\n\n\n\n

The pits burned \u201cvehicle parts, air conditioner parts, hazardous materials, until we had a new HSE, Health Safety Environmental Officer, who came in and started separating the hazmat out the best he could,\u201d she testified. \u201cThey were just throwing all the hazmat stuff in there \u2014 we\u2019re talking paint thinner, whatever, it could be any kind of, you know, hazardous materials \u2014 even ammunition.\u201d
<\/p>\n\n\n\n

Landry further testified that \u201c[e]very plastic water bottle that every soldier drank out of was also burned in the burn pits.\u201d
<\/p>\n\n\n\n

By August 2016, a medical doctor diagnosed Landry with \u201cdeployment-related bronchiolitis<\/a>.\u201d Furthermore, Landry credibly testified at the hearing that her lung disease had been shown by biopsy to be related to her exposure to the burn pits, according to the court.
<\/p>\n\n\n\n

\u201cThe Employer has not produced substantial evidence to show Ms. Landry\u2019s employment did not cause or contribute to her lung disease, so causation is established as a matter of law,\u201d the judge wrote.
<\/p>\n\n\n\n

Although the court determined she suffered from a mild case of lung disease, Landry was found to be \u201centitled to medical expenses for any treatment she shows is reasonable and necessary for her work-related conditions,\u201d the judge added.<\/p>\n\n\n\n

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(LOGISTICS SUPPORT AREA ANACONDA, Balad, Iraq) – Smoke billows in from all sides as Sgt. Richard Ganske, 84th Combat Engineer Battalion, pushes the bulldozer deep into the flames of the burn pit to keep burnable items constantly ablaze, disposing of them so they do not clutter up the post. Bulldozers and excavators are the heavy equipment used by the 84th EN Bn to manage trash at the burn pit. \r\n— IPTC Data ——————\r\nPosition: 28th Public Affairs Detachment\r\n<\/figcaption><\/figure>\n\n\n\n

The ruling could be a boon for the tens of thousands of service members who signed onto the Veterans Affairs Department\u2019s Burn Pit Registry<\/a> over the course of the conflicts in the Middle East. <\/p>\n\n\n\t