It was truly disheartening to learn the results of the May 5, 2021, House of Representative’s Committee on Veterans Affairs. The House Committee Hearing was conducted to discuss over 15 pending congressional bills concerning the Airborne Toxic Open Pit Burning Exposure killing veterans who served in Iraq and Afghanistan from 2001 to 2009. 
At the Committee Meeting, representatives of the Department of Veterans Affairs (VA) had asked Congress to delay making any substantial changes to the VA’s established process of handling Open Pit Burning Exposure, until it conducts an internal review later in the year.
Although this may seem a reasonable request at first glance, it is something I have heard before in discussing the VA’s past approach to processing disability claims for veterans impacted by Exposure to Agent Orange.
The bipartisan approach to the House Committee’s effort is led by Congressmen Mark Takano, a Democrat, and Mike Bost, a Republican. They want to combine key aspects of the 15 pending legislative bills into one comprehensive package and have it passed by the House this year.
Congressman Takano said, “We cannot continue to tackle this topic one exposure at a time or one disability at a time. We’re committed to advancing comprehensive legislation this Congress.”
Their Senate counterparts, led by Senators Jerry Moran, a Republican, and John Testor, a Democrat, have indicated that they have plans to also create a comprehensive reform bill and introduce it on May 30, 2021.
“Each year, Congress considers numerous exposure-related bills,” said Senator Testor. “What has emerged is a broken process and disjointed coverage for veterans. While each legislative victory is a step in the right direction, it’s clear that our next step must be bold.”
According to the VA Deputy Undersecretary for Policy and Oversight, Ronald Burke, the internal review was initiated by VA Secretary Denis McDonough. He stated the internal review would take 180 days and the VA would then propose a plan to Congress.
The previous week, Undersecretary Burke addressed the Senate Committee on Veterans Affairs and cited that any legislative action on the Toxic Open Pit issue is “premature” while the VA Department conducts further analysis and research.
Senator Moran rebuked Burke by stating, “VA continues to drag its feet when it comes to taking action on this. Some of the toxic exposure bills on today’s agenda are driven by VA’s lack of action so far.”
The VA had estimated that more than 3.5 million military personnel were exposed to toxic smoke from open burn pits during overseas deployments. The problem is that few of the burn pit sites were monitored for air quality and chemical exposure of troops.
Because of this lack of monitoring foresight, it is hard for the veterans to link the open burn pits to health issues once they return stateside. The VA requires direct evidence linking the veteran’s service with rare respiratory illnesses and cancers before it will approve disability compensation claims.
Earlier, Secretary McDonough said he is committed to improving the VA’s response to the toxic open burn pit issue, and urges veterans to file claims if they suffered any illnesses. “Our commitment is to treat each claim with the care it deserves,” explained McDonough. “As we get more claims, we can aggregate them to draw bigger conclusions.”
Undersecretary Burke noted during the House Committee hearing that veterans are not filing claims because of the VA “overly cumbersome process” and their assumption that the VA will deny the claim. He stated that the VA was taking some steps to improve the claim process.
Deputy National Legislative Director at the Disabled American Veterans (DAV) Shane Liermann, noted that nearly 80% percent of all toxic open burn pit related disability claims have been denied by the VA. Only 241,000 veterans have signed up for the VA’s Airborne Hazards and Open Pit Registry.
The Registry was designed by the VA to track illnesses related to toxic open burn pit exposure and, therefore, ease the access to veterans’ benefits. After reviewing the many complex steps for the signing-up process for the Registry, it is easy to see why only 241,000 veterans have enrolled.
There are fifteen legislative bills pending before Congress related to the hazard of Toxic Open Burn Pits. “Individually, not one of these bills will solve the problems toxic exposures pose,” explained Shane Liermann. “But collectively they can address issues of direct service-connected benefits, health care, presumptive diseases and also establish a framework for the future.”
Senator Tester indicated that his staff is working on a compromise package on the issue with House leaders. If the work is completed within the next four weeks, Congress can consider the comprehensive legislation through the summer and send a final bill to President Joseph Biden to enact into law.
My Opinion: For two weeks prior to the May 5, 2021 House Committee Hearing, I was very optimistic that Congress and the VA would work together and address the issue in a comprehensive manner.
However, the VA has made a plea to Congress for them not to take any action on pending Open Burn Pit legislation for 180 days, until the VA conducts an internal review. The VA has had the last 20 years to study the deadly effects of toxic open pit burning and they now seek more time for additional review.
Time and delays for more studies are not on the side of veterans suffering from the toxic open burn pits. Their days are numbered because of the deadly carcinogens they inhaled while serving in the military.
Everyday more of these veterans pass away while the VA continues to deny their disability compensation claims. The Toxic Open Burn Pits are considered by many veterans as the “New” Agent Orange.
The time for action is now! Hopefully, the House and the Senate will work with credible veteran service organizations (who really represent the best interests of veterans) in passing vital legislation that addresses this issue.
John Plahovinsak is a 32-year retired Army veteran. He is currently the State Commander of the Disabled American Veterans (DAV) Department of Ohio.