Burn Pit Claims

Scientific Symposium on Lung Health After Deployment to Iraq & Afghanistan

2012-01-06T07:34:00.000-05:00

1st Annual Scientific Symposium on

Lung Health after Deployment to Iraq & Afghanistan

Monday, February 13, 2012

Health Sciences Center

Level 3, Lecture Hall 5

Program Objective: Upon completion, participants should be able to recognize new‐onset of lung disease after deployment to Iraq and Afghanistan

8:00-9:00 a.m. Registration & Continental Breakfast (Honored Guest, Congressman Tim Bishop)

9:00-9:30 Introduction by Anthony Szema, M.D., Program Chair

9:30-9:40 Peter Sullivan, J.D., Father of Marine from The Sergeant Thomas Joseph Sullivan Center, Washington, D.C.

9:40-10:10 Overview of Exposures in Iraq, Anthony Szema, M.D., (Assistant Professor of Medicine and Surgery, Stony Brook University)

10:10-10:40 Constrictive Bronchiolitis among Soldiers after Deployment, Matt King, M.D., (Assistant Professor of Medicine, Meharry Medical College, Nashville, TN)

10:40-11:10 BREAK

11:10-11:40 Denver Working Group Recommendations and Spirometry Study in Iraq/ Afghanistan, Richard Meehan, M.D., (Chief of Rheumatology and Professor of Medicine, National Jewish Health, Denver, CO)

11:40 a.m.- Microbiological Analyses of Dust from Iraq and Afghanistan, Captain Mark Lyles,

12:10 p.m. D.M.D., Ph.D., (Vice Admiral Joel T. Boone Endowed Chair of Health and
Security Studies, U.S. Naval War College, Newport, RI)

12:10-12:20 Health Care Resource Utilization among Deployed Veterans at the White River Junction VA, James Geiling, M.D., (Professor and Chief of Medicine, Dartmouth Medical School, VA White River Junction, VT)

12:20-1:20 LUNCH AND EXHIBITS
Graduate students Millicent Schmidt and Andrea Harrington (Stony Brook University) present Posters from Lung Studies Analyzed for Spatial Resolution of Metals at Brookhaven National Laboratory’s National Synchrotron Light Source

1:20-1:40 Epidemiologic Survey Instrument on Exposures in Iraq and Afghanistan, Joseph Abraham, Sc.D., Ph.D., (U.S. Army Public Health Command, Aberdeen Proving Ground, MD)

1:40-2:10 Overview of the Issues Raised during Roundtable on Pulmonary Issues and Deployment, Coleen Baird, M.D., M.P.H., (Program Manager Environmental Medicine, U.S. Army Public Health Command)

2:10-2:40 Reactive Oxygen Species from Iraqi Dust, Martin Schoonen, Ph.D. (Director Sustainabilty Studies and Professor of Geochemistry, Stony Brook University)

2:40-2:50 BREAK

2:50-3:15 Dust Wind Tunnel Studies, Terrence Sobecki, Ph.D. (Chief Environmental Studies Branch, U.S. Army Corps of Engineers Cold Regions Research and Engineering Laboratory, Manchester, NH)

3:15-3:45 Toxicologically Relevant Characteristics of Desert Dust and Other Atmospheric Particulate Matter, Geoffrey S. Plumlee, Ph.D. (Research Geochemist, U.S. Geological Survey, Denver, CO)

3:45-4:15 In-situ Mineralogy of the Lung and Lymph Nodes, Gregory Meeker, M.S. (Research Geochemist, U.S. Geological Survey, Denver, CO)

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The School of Medicine, State University of New York at Stony Brook designates this live activity for a maximum of 6 AMA PRA Category 1 Credit(s)™. Physicians should only claim the credit commensurate with the extent of their participation in the activity.

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Tester bill protects troops exposed to burn pits in Iraq and Afghanistan

2012-01-02T08:00:00.005-05:00

Senator Jon Tester is calling on the VA to safeguard the health of American veterans by establishing a list of burn pits used by the military in Iraq and Afghanistan to dispose of waste materials.

Tester is a sponsor of the bipartisan Open Burn Pit Registry Act, which requires the VA to document the locations of open-air burn pits. The bill would properly document troops’ exposure to open burn pits used in Iraq and Afghanistan.

Studies show that burn pits – makeshift incinerators used to dispose of waste in war zones – release toxic particles into the air that have been linked to several respiratory and neurological ailments, as well as cancer.

“We’ve got to do everything we can now to identify health concerns and make sure our troops have the support they deserve if those concerns cause problems in the future,” Tester said. “That’s why it is critical that we honor their sacrifice by making sure that they get first-rate medical treatment once they return home, and for the rest of their lives.”

Tester added that by establishing an open burn pit registry, troops who were stationed near incinerators will have an easier time connecting their medical problems to chemical exposure, and therefore make the process of applying for disability benefits easier.

“Veterans have told me time and again that the VA is full of good people, but getting in the door is the hardest part,” Tester said. “This bill will make it easier for folks to apply for VA benefits by helping service members to link a disability to their military service.”

Tester’s measure also calls for an independent organization to perform a study on the health effects of open-air burn pits, which burn everything from unexploded ordnance, to batteries and medical waste.

Tester has previously pushed federal agencies to study illnesses resulting from exposure to burn pits. Earlier this year, he wrote the Secretaries of Veterans Affairs and Defense urging them to “immediately begin all necessary studies to determine the precise causes of increased illnesses among our troops returning home from battle.”

Tester, Montana’s only member of the Senate Veterans’ Affairs Committee, has a long record of improving health care for Montana’s fighting men and women after they return from the battlefield. Last summer, Tester praised the Department of Veterans Affairs for expanding medical coverage for veterans who were exposed to Agent Orange while serving in Vietnam.

A copy of Tester’s bipartisan Open Burn Pit Registry Act is available on his website HERE.

Udall, 7 Other Senators Introduce Burn Pit Amendment to Help Veterans

2011-11-23T17:53:00.000-05:00

On Monday, Mark Udall announced he has joined seven other senators in introducing a bipartisan amendment to the 2012 National Defense Authorization Act to create a national registry of service members and veterans impacted by open air burn pits, helping identify and take better care of those affected. Co-sponsoring the amendment are senators Tom Udall (D-N.M.), Bob Corker (R-Tenn.), Jeff Bingaman (D-N.M.), Bill Nelson (D-Fla.), Lamar Alexander (R-Tenn.), Bernie Sanders (I-Vt.) and Claire McCaskill (D-Mo). The amendment is identical to the Open Burn Pit Registry Act of 2011, introduced earlier this month. Read the bill HERE.

As early as 2002, U.S. military installations in Afghanistan and Iraq began to rely on open-air burn pits to dispose of waste materials. The U.S. Department of Defense made frequent use of burn pits at a number of bases in Iraq and Afghanistan despite concerns about air pollution.

The amendment creates a similar registry to the Agent Orange Registry and the Gulf War Registry. The establishment of an open burn pit registry will help the U.S. Department of Veterans Affairs (VA) determine to what extent air pollution, caused by open air burn pits, has led to medical diseases among service members. The amendment will also serve as a vehicle for improved communication and information dissemination for affected veterans.

"Our heroes' health may be seriously impacted from the use of burn pits in combat zones, and we owe it to those affected to collect all the information necessary to properly take care of them when they get home," Mark Udall said. "This registry will help create a database of those who have been exposed to burn pits and improve communication so that important health services can actually get to them.”

The amendment will:
•    Establish and maintain an open burn pit registry for those individuals who may have been exposed during their military service;
•    Include information in this registry that the Secretary of the VA determines applicable to possible health effects of this exposure;
•    Develop a public information campaign to inform individuals about the registry;
•    Periodically notify members of the registry of significant developments associated with burn pit exposure;
•    Require an assessment and report to Congress by an independent scientific organization.

Honoring Our Veterans - Veterans Day 2011

2011-11-11T05:15:00.000-05:00

VETERANS DAY, 2011

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Today, our Nation comes together to honor our veterans and commemorate the legacy of profound service and sacrifice they have upheld in pursuit of a more perfect Union. Through their steadfast defense of America’s ideals, our service members have ensured our country still stands strong, our founding principles still shine, and nations around the world know the blessings of freedom. As we offer our sincere appreciation and respect to our veterans, to their families, to those who are still in harm’s way, and to those we have laid to rest, let us rededicate ourselves to serving them as well as they have served the United States of America.

Our men and women in uniform are bearers of a proud military tradition that has been dutifully passed forward—from generation to generation—for more than two centuries. In times of war and peace alike, our veterans have served with courage and distinction in the face of tremendous adversity, demonstrating an unfaltering commitment to America and our people. Many have made the ultimate sacrifice to preserve the country they loved. The selflessness of our service members is unmatched, and they remind us that there are few things more fundamentally American than doing our utmost to make a difference in the lives of others.

Just as our veterans stood watch on freedom’s frontier, so have they safeguarded the prosperity of our Nation in our neighborhoods, our businesses, and our homes. As teachers and engineers, doctors and parents, these patriots have made contributions to civilian life that serve as a testament to their dedication to the welfare of our country. We owe them a debt of honor, and it is our moral obligation to ensure they receive our support for as long as they live as proud veterans of the United States Armed Forces. This year, as our troops in Iraq complete their mission, we will honor them and all who serve by working tirelessly to give them the care, the benefits, and the opportunities they have earned.

On Veterans Day, we pay tribute to our veterans, to the fallen, and to their families. To honor their contributions to our Nation, let us strive with renewed determination to keep the promises we have made to all who have answered our country’s call. As we fulfill our obligations to them, we keep faith with the patriots who have risked their lives to preserve our Union, and with the ideals of service and sacrifice upon which our Republic was founded.

With respect for and in recognition of the contributions our service members have made to the cause of peace and freedom around the world, the Congress has provided (5 U.S.C. 6103(a)) that November 11 of each year shall be set aside as a legal public holiday to honor our Nation’s veterans.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim November 11, 2011, as Veterans Day. I encourage all Americans to recognize the valor and sacrifice of our veterans through appropriate public ceremonies and private prayers. I call upon Federal, State, and local officials to display the flag of the United States and to participate in patriotic activities in their communities. I call on all Americans, including civic and fraternal organizations, places of worship, schools, and communities to support this day with commemorative expressions and programs.

IN WITNESS WHEREOF, I have hereunto set my hand this third day of November, in the year of our Lord two thousand eleven, and of the Independence of the United States of America the two hundred and thirty-sixth.

BARACK OBAMA

ATS Calls on US Government to Look at Respiratory Consequences of Burn Pits on Military Personnel

2011-11-10T06:38:00.000-05:00

The American Thoracic Society (ATS) has released a statement on the Institute of Medicine’s (IOM) recent report on the long-term health consequences for military personnel of exposure to burn pits in Iraq and Afghanistan. In its report, the IOM was unable to reach a definitive conclusion that burn pits are the cause of increased respiratory and other diseases seen in this population and called for a prospective study on the long-term health effects of exposure to burn-pit emissions.

In response, Nicholas S. Hill, MD, president of ATS, is urging the US government to begin such a study to help determine what effects “burn pits, diesel fuel combustion, or ambient air pollution, including desert dust—or a combination of these and other factors—have contributed to the lung problems of Afghanistan and Iraqi veterans.”

“Such a study,” adds Hill, “will also help physicians and other scientists determine if burn pits contributed to chronic diseases experienced by armed service personnel after being exposed to the burn pits.”

Source: American Thoracic Society

Rogue Bee: True story of Lt. Col. Darrin Curtis who risked his career trying to stop burn pits in Iraq and Afghanistan

2011-11-07T08:00:00.002-05:00

"My narrative "faction": (true story, names changed) about Burn Pits in Iraq and Afghanistan. Entitled "Rogue Bee," this is the harrowing story of Lt. Col. Darren Curtis who risked his career to testify before the U.S. Senate Democratic Policy Committee, November, 2009.

The U.S. Army is burning trash in Iraq and Afghanistan--munitions, body parts, medicines. Tom Clancy meets Michael Crichton in this suspense-filled, graphic story of: politics; corruption; war; medicine; and science, geographically spanning the farthest reaches of the globe. This is all true. Names have been changed to protect the innocent.

(Video web link to the U.S. Senate hearing below) http://dpc.senate.gov/dpchearing.cfm?h=hearing50 Anthony Szema, M.D. Head, Allergy Diagnostic Unit Assistant Professor of Medicine and Surgery SUNY Stony Brook School of Medicine Chief, Allergy Section, Veterans Affairs Medical Center, Northport, NY 1% of profits from this book directly support asthma research.

Click Here to Purchase from Amazon

Akin Introduces Burn Pit Legislation to Support Veterans

2011-11-04T02:51:00.001-04:00

Senator Udall Introduces Companion Bill in Senate

Washington, DC – Today Congressman Todd Akin (R-MO) announced the introduction of the Open Burn Pit Registry Act of 2011. Senator Udall (D-NM) is introducing a companion bill in the Senate today as well.

Akin’s bill, which is modeled after the Agent Orange Registry and the Gulf War Syndrome Registry, will create a registry within the Veterans Administration (VA) which is the first step toward helping the VA better care for those affected by burn pits.

“I have worked with a number of my constituents who were exposed to burn pits while serving in the military, and have been suffering from very severe health problems since,” said Congressman Akin. “Unfortunately, the VA has struggled to help these veterans. Creating a burn pit registry is an important step to help these veterans get the care and support they need and that our nation has promised them.”

Senator Udall (D-NM), who will be offering a companion bill in the Senate provided the following statement: “Open Air Burn pits were widely used at military facilities in Iraq and Afghanistan to burn organic materials, chemicals, unspent fuel and other dangerous waste. The resulting exposure has in some cases led to serious health repercussions for many returning troops and veterans,” said Udall. “With this registry, we can ensure that those who have been exposed to toxic chemicals and fumes while serving overseas are better informed about the effects so that they can be properly treated.”

Congressman Akin added, “I specifically want to thank the tireless citizens with Burn Pits 360. Their advocacy and support of those affected by burn pits is truly commendable, and this legislation would not have been created without their hard work.”

The Open Burn Pit Registry Act is supported by the following veterans groups:

Burn Pits 360
Veterans of Foreign Wars
AMVETS
Association of the U.S. Navy
The Retired Enlisted Association
Association of the United States Navy
The Reserve Enlisted Association
American Legion
National Military Family Association
Vietnam Veterans of America
Association of the Air Force
Disabled American Veterans
Non Commissioned Officers Association

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

VA Posts 2011 Report of the Gulf War Veterans Illnesses Task Force for Comment

2011-10-25T00:57:00.000-04:00

The 2011 Report of the Gulf War Veterans Illnesses Task Force is now open for a 30 day public comment period. Users can visit the online forum to weigh in the seven sections of this year’s report. Download a copy of the report.

Iraq/Afghanistan War Lung Injury Is Common

2011-09-06T17:34:00.000-04:00

A new report reveals that respiratory illness is common among soldiers returning from Iraq and Afghanistan. The study was reported in the Journal of Occupational and Environmental Medicine that respiratory symptoms of returning soldiers are high necessitating testing.

The chief medical investigator, Dr. A.M. Szema had previously reported an on-set of asthma in returning soldiers from Iraq and Afghanistan. "Deployment to Iraq was associated with a significantly higher risk of asthma compared with stateside soldiers (6.6% versus 4.3%; with a crude odds ratio, 1.58; 95% CI, 1.18, 2.11)."

The new report states that, "... Twenty-five percent of 7151 troops went to Iraq/Afghanistan and 75% went elsewhere, with more smokers in the Iraq/Afghanistan group (16.1% vs 3.3%). Rates of symptoms and spirometry were 14.5% and 1.8%, for Iraq/Afghanistan, versus troops deployed elsewhere, respectively. Both groups had similar forced expired volume in 1 second/forced vital capacity ratios (78%)." It concluded that, "New-onset Iraq/Afghanistan war lung injury is common and rates of symptoms leading to a diagnosis requiring spirometry are high."

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Investigative Journalist Report on Deadly Burn Pit Exposures

2011-08-26T08:20:00.000-04:00

Billy McKenna and Kevin Wilkins survived Iraq—and died at home. The Oxford American sent filmmaker Dave Anderson and journalist J. Malcolm Garcia to Florida to investigate this deadly threat to American soldiers.

Click here to read the complete article.

A lawsuit was filed alleging that KRB, Inc. (NYSE KRB) endangered the health and safety of American soldiers in Iraq and Afghanistan by exposing them to huge quantities of toxic  dust, fumes and other air pollution by burning unsorted waste in vast  open-air pits without any safety controls.  

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Rare Lung Disease Diagnosed In Soldiers Returning From Iraq and Afghanistan

2011-07-21T08:16:00.000-04:00

A recent study reports that soldiers returning from Iraq and Afghanistan are being diagnosed with a pulmonary disease called constrictive bronchiolitis. The findings have been reported in the New England Journal of Medicine.

The soldiers studied included those who were exposed to dust and fumes from burn pits. "This group causes particular concern, since their potential toxic exposures are shared by most personnel who were deployed to Iraq and Afghanistan. These common exposures include open-air burn pits, in which solid waste was routinely incinerated in close proximity to living quarters, and desert dust storms of such severity that they obscured visibility.

"...we found a high prevalence of constrictive bronchiolitis, an otherwise rare illness, in the 80 soldiers we evaluated. Evaluation for constrictive bronchiolitis should be considered among returning veterans who report having exercise limitations and who have essentially normal results on imaging and physiological studies."

A lawsuit was filed alleging that KRB, Inc. (NYSE KRB) endangered the health and safety of American soldiers in Iraq and Afghanistan by exposing them to huge quantities of toxic  dust, fumes and other air pollution by burning unsorted waste in vast  open-air pits without any safety controls.  
Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Emerging Research Focuses on Breathing Problems for Returning Soldiers

2011-06-19T21:58:00.000-04:00

The New York Times reports today that soldiers returning from Iraq and Afghanistan are presenting with respiratory problems at high rates. Some of the research reflects that returning troops may be suffering adverse medical condition because of burn pit exposures while overseas.

Dr. Robert F. Miller at Vanderbilt University has treated some of the returning solders. He has reported that 40 of his patients have had biopsies and are now being treated with a debilitating and mostly untreatable disease known as bronchiolitis.

Similarly another medical investigator, Dr. Anthony Szema, previously published a study that reflects his findings that returning soldiers are suffering from pulmonary disability upon their return from deployment in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Related articles

Law Advances to Monitor Veterans for Illnesses

2011-05-29T12:49:00.000-04:00

The US House of Representatives passed a measure in the National Defense Authorization bill that will assist those veterans who were possibly exposed to dust and fumes from burn pits. The law, now going to, the US Senate for consideration, requires the Secretary of Defense to submit reports to Congress on the health impacts on US troops who were to pollution from when waste is disposed of in open burn pits.

The law was sponsored by Congressman Adam Schiff from California. Congressman Schiff said, “The short and long term affects of exposure to toxins released from open-air burn pits have yet to be determined, but could be injuring the respiratory systems of our troops.” “This amendment will help to ensure the safety and health of our brave men and women in uniform who risk their lives each day as they serve and protect the nation.”

Under Rep. Schiff’s amendment, each health assessment report submitted to the Senate and House Committees on Armed Services will be required to include a description of short and long term health risks; methodology used to determine the health risks; and the assessment of the operational and health risks when making the determination to continue the use of open-air burn pits for waste disposal.

The US Senate will be reviewing the legislation. Recently, several US Senators Charles E. Schmer and Bill Nelson requested updated regulations to protect soldiers retuning from deployment in Iraq and Afghanistan.

US Senators Request Update on Regulations to Protect Soldiers From Burn Pit Toxins

2011-05-20T10:44:00.000-04:00

Today, U.S. Sens. Charles E. Schumer (D-NY) and Bill Nelson (D-FL) requested an immediate update from Secretary of Defense Robert Gates and Chairman of the Joint Chiefs of Staff Admiral Mike Mullen on the Department of Defense’s (DoD) promise to expand the use of safety masks by troops serving at or near toxic burn pits overseas. Today’s letter follows-up on a self-imposed DoD sixty day timetable to promote the use of masks at toxic burn pits, which has come and gone since the Senators’ initial request in February. The letter also comes on the heels of a new study, conducted by Dr. Anthony Szema of the State University of New York at Stony Brook School of Medicine, that revealed veterans who had deployed to Iraq or Afghanistan had eight times greater incidences of respiratory illness than veterans who had deployed elsewhere.

Across Iraq and Afghanistan, waste – including human waste, plastic, batteries and scrap metals – has been incinerated in toxic burn pits, often using jet fuel. The study by Szema, conducted under the auspices of the Veterans Affairs Medical Center in Northport, New York, shows that veterans who had deployed to Iraq or Afghanistan had eight times greater incidences of respiratory illness than veterans who had deployed elsewhere.

In January, following the December death of 41-year-old Army Sgt. William McKenna from cancer linked to fumes from a burn pit Schumer and Nelson wrote to Gates urging him to promptly issue guidance that requires protective respirator masks to be made available to all troops working in or near toxic burn pits in overseas warzones. McKenna, a veteran originally from West Babylon, New York, lived in Spring Hill, Florida.

In a Feb. 7th reply, Admiral Mullen wrote the military is “in the process of gathering additional information and within the next 60 days will identify ways to promote greater access and use of protective equipment.” Mullen also wrote that “local commanders are also ensuring burn pits are operated in a safe, secure area and inspected regularly.”

However, the sixty day timetable has come and gone, with many troops still at a health risk from exposure to toxic fumes from burn pits. As of last week, the Defense Department said, there were still 78 burn pits in Afghanistan. According to CNN, a report last fall from the Government Accountability Office found that the pits, used on some bases in Iraq and Afghanistan, are burning items "such as plastic, that generate harmful emissions" despite regulations forbidding it.

To date, hundreds of veterans have complained of illnesses they believe were caused by exposure to the pits, forcing the Pentagon to restrict their use and the Department of Veterans Affairs (VA) to investigate. About 300 victims or their families have sought representation in a class-action lawsuit against KBR, the military contractor that operated some of the burn pits at bases in Iraq. The company is fighting the suit, filed in federal court in Maryland, claiming that it operated some pits at the military’s direction, while most were operated by the Army.

In response to complaints from the veterans and pressure from lawmakers, the (VA) has provided money for the National Academy of Sciences to conduct a study of the possible consequences of burn-pit exposure. This year, the VA issued new guidelines for its staff to be on the lookout for veterans with illnesses that may have been caused by burn-pit exposure.

A copy of the letter appears below.

May 18, 2011

The Honorable Robert Gates

Secretary of Defense

The Pentagon

Washington, DC 20301-1000

Admiral Mike Mullen

Chairman, Joint Chiefs of Staff

The Pentagon

Washington, DC 20301-1000

Dear Secretary Gates and Admiral Mullen,

We are in receipt Admiral Mullen’s letter of February 7 which responded to our inquiry regarding burn pits in Iraq and Afghanistan. We appreciate the importance which the Department of Defense is giving to this issue, and we write now to inquire regarding the progress which you anticipated within sixty days of that letter. Our concern on this issue is particularly heightened, having just learned the results of a study conducted by Dr. Anthony Szema of the State University of New York at Stony Brook School of Medicine, which was conducted under the auspices of the Veterans Affairs Medical Center in Northport, N.Y.

We welcome the steps the Department has taken to reduce the number of burn pits in both Iraq and Afghanistan, and we recognize the difficulties of operating in a contingency environment. Nevertheless, the results of Dr. Szema’s study lend strong credence to concerns about our troops’ safety when operating in and around these burn pits. According to the study, veterans who had deployed to Iraq or Afghanistan had eight times greater incidences of respiratory illness than veterans who had deployed elsewhere. We understand that there may be other contributing factors to this high rate of illness, such as the hazardous dust which is found in that part of the world. Nevertheless, that fact only intensifies the need to limit troops’ exposure to the potential hazards of burn pits.

The February 7 letter indicated that within sixty days the Department would identify ways to promote greater access and use of protective equipment to mitigate burn pit concerns. Please let us know as soon as possible the result of that effort, and any additional actions that are being taken in light of Dr. Szema’s study. If there are any specific resources or authorities which would be helpful for Congress to provide, please do not hesitate to let us know.

Sincerely,

Senator Charles E. Schumer

Senator Bill Nelson

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

New Studies Connect Respiratory Conditions With Middle East Troop Exposure

2011-05-20T00:40:00.000-04:00

Two new studies are to be presented at the International Conference of the American Thoracic Society in Denver, reportedly connecting the respiratory illness of troops returning from Middle East deployment to their exposure to toxic dust and fumes from "burn pits." The Wall Street Journal reports that Dr. Anthony Szema and Dr. Robert Miller will be presenting separate studies establishing casal relationship of the exposures to the disease.

Dr. Szema, a professor of medicine and surgery at the State University of New York and who is also chief of the allergy section at the Veterans Affairs Medical Center in Northport, NY, collected data from 7,000 veterans who served between 2004 and 2010. The results reflect that 14.5% of the 1,816 of the Iraq and Afghanistan veterans suffered from respiratory illnesses, including bronchitis and asthma.

Additionally, Dr. Miller, who is a pulmonary and critical-care medicine professor at Vanderbilt University, will present finding from soldiers who be biopsied. Approximately 69% of the soldiers who underwent biopsy, had an unusual thickening of the small airways which he termed, "constrictive bronchiolitis."

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Soldiers in Iraq and Afghanistan Studied for Toxic Exposures

2011-05-16T11:02:00.000-04:00

The USA Today reports that some soldiers who were deployed to Iraq and Afghanistan are being studied for medical conditions related to their exposure to toxins that may have been present in the war zones. The ill soldiers are being studied for the presence of microscopic particles that they may have been inhaled while overseas resulting in various illnesses including respiratory conditions and the early onset of cancer.

"Bob Miller, a pulmonologist at Vanderbilt University Medical Center, worked with 101st Airborne soldiers at Fort Campbell, Ky., after they complained of being short of breath and unable to run as fast as they had before they deployed. ...Many had been exposed to a sulfur fire in Mosul, Iraq. They also had been exposed to burn pits — the military disposes of trash at bases in Iraq and Afghanistan by burning as much as 240 tons of it a day in open pits. All of them came through chest X-rays and CT scans with clean bills of health. The soldiers volunteered for a procedure to obtain lung cell samples, and when Miller examined the biopsies, 50 of 54 showed constrictive bronchiolitis — a rare lung disease that closes the tiniest airways."

See the complete video: http://bcove.me/45i827s0

Increase in Military Illnesses Over the Last Decade

2011-04-30T15:30:00.000-04:00

A military report released on Friday reflects an increase in neurological, respiratory and cardiovascular illness of soldiers. A Medical Surveillance Monthly Report issued by the US Military reports an in crease in neurological disorders from 9,688 in 2001 to 32, 667 in 2010. Likewise there was an increase in cardiovascular disorders from 68,520 in 2001 to 91,013 in 2010.

An analysis in USA Today indicates that, "Doctors, researchers and environmental experts, both civilian and military, believe open burn pits in Iraq and Afghanistan may be partly to blame. Most of the pits in Iraq — one of which burned 240 tons of Styrofoam, plastic water bottles, diesel engines and computer parts along with other trash every day — have been shut down since Congress demanded it, but new ones have been created to get rid of troop waste in Afghanistan."

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Soldier Seeks Answers to Medical Condition

2011-03-10T09:10:00.000-05:00

A New Mexico Air National Guard soldier, who alleges exposure to burn pit dust and fumes in Iraq, has requested that further investigation be conducted into the exposures he associated with his illness. The soldier, formally deployed to Balad Iraq, for two tours of duty, has been diagnosed with bronchiolitis, a respiratory condition, and mesothelioma, a fatal, rare cancer, associated to asbestos exposure.

Medical doctors associated with Vanderbilt University have linked a rare and incurable lung disease with exposure to toxic dust, fumes and smoke of burn pits in Iraq and Afghanistan.

Many returning soldiers have reported medical conditions including:

Allergy-like symptoms
Asthma
Breathing restrictions
Cancers (lung, brain, bone, skin)
Chronic bronchitis
Chronic coughs
Chronic respiratory infections
Constant Infections
Cramps and severe abdominal pain
Diarrhea
Emotional Distress
Gastrointestinal illness and distress
Leukemia
Long term shortness of breath
Lung Cancer
Nose Bleeds
Pulmonary injuries
Reactive Airway Disease
Restrictive Airways Disease (Bronchiolitis)
Serious heart conditions
Severe Headache
Skin infection
Sleep apnea
Throat Infections
Ulcers
Unexpected weight loss
Vomiting
Weeping lesions on extremities

A lawsuit was filed alleging that KRB, Inc. (NYSE KRB) endangered the health and safety of American soldiers in Iraq and Afghanistan by exposing them to huge quantities of toxic  dust, fumes and other air pollution by burning unsorted waste in vast  open-air pits without any safety controls.  

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Senators Schumer and Nelson Told Military to Issue Respirator Masks for Soldiers Who Work Near Burn Pits

2011-02-10T22:58:00.000-05:00

U.S. Sens. Charles E. Schumer (D-NY) and Bill Nelson (D-FL) announced today that, in response to their recent request, the military has agreed to identify ways to promote greater access and use of protective equipment to service members who work near toxic ‘burn pits’ in the war zone.

Across Iraq and Afghanistan, waste – including human waste, plastic, batteries and scrap metals – have been incinerated in these burn pits, using jet fuel. The Department of Veterans Affairs has recently begun acknowledging that exposure to open burn pits has caused illnesses in those stationed near them. Two months ago, a veteran originally from West Babylon, New York, and living in Spring Hill, Florida, died from cancer linked to exposure to fumes from a burn pit.

In January, Schumer and Nelson wrote to Secretary of Defense Robert Gates urging him to promptly issue guidance that requires protective respirator masks to be made available to all troops working in or near the pits. The two lawmakers wrote the letter following the death of the 41-year-old Army Sgt. William McKenna.

“All our front line troops can breathe a little easier today. There is no job more important than protecting the health of the men and women who put their lives on the line, every day, to protect our nation.” said Schumer. “It was shocking to learn that our brave troops were asked to monitor these toxic ‘burn-pits’ without adequate protection, and it is only right that the brass has promptly responded to our pleading that these troops be afforded every protection possible, in terms of both equipment and procedure.”

Said Nelson, “Our chief concern here always needs to be the welfare of the men and women who are on the front lines fighting for us.”

In a Feb. 7 letter to the two lawmakers, the Chairman of the Joint Chiefs of Staff said the military is “in the process of gathering additional information and within the next 60 days will identify ways to promote greater access and use of protective equipment.” U.S. Navy Admiral M. G. “Mike” Mullen, in his letter to Schumer and Nelson, also wrote that “local commanders are also ensuring burn pits are operated in a safe, secure area and inspected regularly.”

To date, hundreds of veterans have complained of illnesses they believe were caused by exposure to the pits, forcing the Pentagon to restrict their use and the Department of Veterans Affairs to investigate. About 300 victims or their families have sought representation in a class-action lawsuit against KBR, the military contractor that operated some of the burn pits at bases in Iraq. The company is fighting the suit, filed in federal court in Maryland, claiming that it operated some pits at the military’s direction, while most were operated by the Army.

In response to complaints from the veterans and pressure from lawmakers, the Department of Veterans Affairs (VA) has provided money for the National Academy of Sciences to conduct a study of the possible consequences of burn-pit exposure. This year, the VA issued new guidelines for its staff to be on the lookout for veterans with illnesses that may have been caused by burn-pit exposure.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Burn Pit Soldiers Receive Treatment at Vanderbilt University for Lung Disease

2011-01-21T07:00:00.000-05:00

Soldiers returning from Iraq and Afghanistan, who were exposed to smoke, dust and other toxic fumes from burn pits, are reporting various illnesses, including respiratory disease. Dr. Robert Miller, MD, Associate Professor of Allergy, Pulmonary and Critical Care Medicine and his colleagues at Vanderbilt University, are providing medical care and to the injured soldiers.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

View YouTube Video: http://tinyurl.com/67a3g2s

Burn Pit Illnesses Called The "Agent Orange" of This Generation

2011-01-13T07:25:00.000-05:00

The news reports that the toxic exposure of soldiers and civilians to dust and fumes from burn pits used in Iraq and Afghanistan is "this generation's Agent Orange." The plight of a sick soldier who is suffering from lung disease, allegedly caused by his exposure to fumes and dust from burn pits, was recently reported by WRISTV (Corpus Christi, TX).

The television news service reported, "After returning from a deployment to Iraq, the returning soldier struggled to obtain medical treatment for his respiratory condition. 'Since we weren't getting the right treatment here locally we had to travel out of state on our own expense to get the right treatment, and they went ahead and did the lung biopsy and that's how they found out I had the constrictive bronchiolitis,' he said."

The US Government Accountability Office released the Afghanistan and Iraq Report, in response to a request by Congress. It states that of the four burn pits they surveyed in Iraq, all standards outlined in 2009 for burn pit operations were not met.

A lawsuit was filed alleging that KRB, Inc. (NYSE KRB) endangered the health and safety of American soldiers in Iraq and Afghanistan by exposing them to huge quantities of toxic  dust, fumes and other air pollution by burning unsorted waste in vast  open-air pits without any safety controls.  

Soldier Exposed to Burn Pits in Iraq Succumbs to Lymphoma

2011-01-04T07:19:00.000-05:00

The Long Island Newsday has reported that Sgt. William McKenna, age 41, who was exposed to the dust and fumes from burn pits while deployed in Iraq, has died from lymphoma, a rare form of cancer. He was deployed in 2003 and had been suffering from the rare cancer for over a year.

His family is part of a lawsuit filed against Kellog Brown and Root (KBR) and Halliburton. The lawsuit alleges that the civilian contractors operated to the US Military in an unsafe manner exposing soldiers and other civilians to toxic smoke and fumes.

According to the article, a spokes person from the U.S. Department of Veterans Affairs stated, "The Department of Veterans Affairs is concerned about the effects of exposure to toxins produced by burn pits on veterans returning from the current conflicts."

Related articles

Soldiers Exposed to Hexavalent Chromium Allowed to Proceed Against KBR

2010-12-15T01:02:00.000-05:00

The 9th Circuit Court of Appeals has denied KBR's appeal to dismiss the hexavalent chromium case for lack of jurisdiction. The soldiers, deployed National Guard troops to Iraq, allege that they were sickened from hexavalent chromium because of the failure of KBR to handle the substance properly.

The 9th Circuit Court of Appeals, stated, "Appellees’ motion to dismiss this appeal for lack of jurisdiction is granted. See Rodriguez v. Lockheed Martin Corp., No. 10-15813, 2010 WL 4925412, at *7 (9th Cir. Nov. 30, 2010)." Therefore, the trial court's ruling, permitting the matter to go forward was affirmed.

Other soldiers who were deployed to Iraq and Afghanistan have also filed a law suit claiming that KBR and Halliburton also sickened them by not following environmental guidelines snd burning toxic item in huge outdoor areas called burn pits. A lawsuit was filed alleging that KRB, Inc. (NYSE KRB) endangered the health and safety of American soldiers in  Iraq and Afghanistan by exposing them to huge quantities of toxic  dust, fumes and other air pollution by burning unsorted waste in vast  open-air pits without any safety controls. They claim respiratory problems, sleep disorders and the early onset of cancers.

Bixby v. KBR, Inc., et al., No. 10-36000, US CTA 9th Cir., Decided December 14, 2010.

Veterans Seek Help for Burn Pit Health Claims

2010-11-28T08:03:00.000-05:00

The Tampa Tribune has produced a video report concerning burn pit health claims and the plight of veterans seeking medical care and compensation. The veterans seek transparency and benefits following their exposures to burn pit fumes and dust in Iraq and Afghanistan.

The report describes the efforts of Frazier, an ill veteran, who has sought benefits and is party in a lawsuit against the military contractors who were allegedly responsible for the exposures.

" Frazier is one of more than 300 vets who have joined a class action lawsuit against contractors paid by the military to regulate the burn pits. -- complete transparency of the entire thing. Frazier struggled with the decision to join the lawsuit ..."

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Government Reports Burn Pit Standards Are Not Being Met

2010-11-20T12:45:00.000-05:00

On Friday, October 15, 2010, the US Government Accountability Office released the Afghanistan and Iraq Report, in response to a request by Congress. It states that of the four burn pits they surveyed in Iraq, all standards outlined in 2009 for burn pit operations are not being met.

Breathing dust, fumes and other and other toxic substances, exposed troops deployed overseas, and those who worked for government contractors abroad and other civilians, to a serious hazards. Some of the chemicals were very toxic carcinogens and are deadly.

A lawsuit was filed alleging that KRB, Inc. (NYSE KRB) endangered the health and safety of American soldiers in Iraq and Afghanistan by exposing them to huge quantities of toxic  dust, fumes and other air pollution by burning unsorted waste in vast  open-air pits without any safety controls.  

A Federal Court Judge has ordered that claims against military contractors, KBR (Kellogg Brown and Root) and Halliburton, may proceed. Sick soldiers deployed in Iraq and Afghanistan filed claimsagainst the corporations because of "alleged failures of the military contractors to treat water and dispose of waste in a manner required" by their contract with the US Military.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Veteran Awarded Benefits for Burn Pit Exposure

2010-11-09T07:40:00.000-05:00

The Veterans Administration (VA) has awarded full disability to a former soldier who was exposed in Iraq to toxic dust and fumes from burn pits. The VA concluded that his cancer, Stage 4 Lymphoma, is related to the exposure in Iraq.

The Tampa Tribune reported that, "McKenna's cancer, according to him and to his doctors at the James A. Haley Veteran's Hospital, is directly attributable to constant exposure to the thick, acrid smoke that wafted almost every hour of every day across Balad Air Base in Iraq where McKenna was stationed for about 18 months."

A lawsuit is currently pending against Kellog Brown & Root (KBR) and Halliburton on behalf of soldiers who were exposed to burn pits in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Related articles

Senator Dorgan Call for Medical Evaluations for Those Exposed to Sodium Dichromate at Qarmat Ali Iraq

2010-10-23T09:41:00.000-04:00

Senator Byron L. Dorgan has called for medical evaluation and monitoring of personnel who were exposure to toxic agents in Iraq including Sodium Dichromate. The Inspector General released the first of two reports calling for notification of those potentially exposed to the toxic substances.

"The Commander, U.S. Army Corps of Engineers should notify all current and former military personnel who were identified as having served at the Qarmat Ali facility in 2003 of their eligibility for the Department of Veterans Affairs Gulf War Registry and associated sodium dichromate exposure-related medical evaluation.

The Under Secretary of Defense for Personnel and Readiness should:

• publicize the eligibility of active duty personnel who served at the Qarmat Ali facility in 2003 for the Department of Veterans Affairs Gulf War Registry
review policy and procedures for active duty personnel eligible to undergo the Department of Veterans Affairs Gulf War Registry medical evaluation
• develop and publicize a means to offer DoD civilians who served at Qarmat Ali in 2003 an exam and medical surveillance similar to what the Department of Veterans Affairs avails to military personnel and veterans.

"I am very concerned about the findings we now have, and I am disappointed in the delayed release of Part II of this report. The IG's investigation and its findings are very important to the lives of U.S. soldiers and workers who were at the site. Details and definitive findings will help us ensure accountability for this exposure and flawed follow up, but even more importantly, they will help ensure that all exposed soldiers receive appropriate notice and medical attention," Dorgan said.

Former soldiers and civilian employees have brought claims against military contractors for alleged negligence in deviating from purported military contract responsibilities that have been illegally caused illness and fatal disease to those exposed.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

SC Veterans Join The Burn Pit Suit -Toxic Smoke Called Overwhelming

2010-10-10T09:45:00.000-04:00

Several South Carolina veterans have filed suit against KBR and Halliburton for disabilities arising out of their exposure to dust and fumes from burn pits in Iraq and Afghanistan. The returning soldiers called the toxic smoke and fumes from the burn pits "overwhelming."

The veterans allege that civilian contractos, KBR and Halliburton, maintained the burn pits and that they failed to adhere to government contracts and did not dispose or handle waste in appropriate fashion. They further allege in the law suit that the toxic smoke and dust from burnt medical waste, plastics, asbestos, human corpses, and other toxic material resulted in respiratory and skin diseases, anxiety and the early onset of fatal cancers.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Plaintiffs' Law Firm Jon L. Gelman Ranked a Best Law Firm by U.S. News & World Report

2010-09-18T09:55:00.000-04:00

Jon Gelman, a plaintiffs' litigation firm for over 3 decades, announces today that U.S. News & World Report has named the firm to its 2010 Best Law Firms list, an annual list showcasing law firms in 81 practice areas throughout the United States. The Best Law Firms rankings (http://tinyurl.com/2foh4u2) are based on both objective data and peer evaluations. Jon Gelman was ranked for its work in Workers’ Compensation.

Jon Gelman represents clients in individual and class action cases in complex litigation across an array of practice areas, regularly litigating challenging cases involving multiple parties in state and federal jurisdictions throughout the United States, either as sole counsel for the plaintiffs or in association with local counsel and other firms. It is a specialty law office concentrating its practice in the litigation of catastrophic and serious injuries resulting from work-related exposures and traumatic events. Jon Gelman is currently active in such cases as the nationally publicized Asbestos Litigation (http://tinyurl.com/26r4t3r) and Burn Pit Litigation (http://tinyurl.com/279ds2n) and multi-district litigation filed by military personnel against defense contractors KBR and Halliburton.

Attorney Jon Gelman (http://tinyurl.com/ylfucty) received a number of awards and accolades for his willingness to take on diverse litigation in the fight to protect those harmed by traumatic events and occupational exposures. He is a member of The College of Workers Compensation Lawyers (http://tinyurl.com/2crqrn9).

The firm provides legal service with a social conscience. His practice is built on a strong foundation of in-depth knowledge of the subject matter which is reflected in the 3-volume treatise entitled Workers' Compensation Law (http://tinyurl.com/26rfqoq), (Thomson-West), that Jon Gelman authored, and in the 3-volume national treatise, Modern Compensation Law, (Thomson-West), that he also co-authored.

Best Lawyers (http://bestlawfirms.usnews.com/) compiles its list by conducting extensive peer-review surveys in which thousands of lawyers confidentially evaluate their professional peers. The list is published in an annual referral guide, The Best Lawyers in America, with the intention of providing lawyers and clients with a reliable source for finding legal experts in unfamiliar jurisdictions and practice areas. To date, Best Lawyers is the oldest peer-review publication available in the legal profession. The 2010 Best Law Firms list will be featured in the October print issue of U.S. News & World Report and will be available on September 27, 2010. The list and selection methodology are also available at www.usnews.com/bestlawfirms.

Jon L Gelman LLC is located in Wayne, New Jersey. For more information about Jon L. Gelman LLC, contact Jon L. Gelman (NJ) at +1 973.696.7900 or visit http://www.gelmans.com.

We have a real tragedy ongoing

2010-09-12T09:18:00.000-04:00

Philip O'Connor reported in the St. Louis Post-Dispatch that ill veterans of the Iraq and Afghanistan conflicts are suffering from severe medical conditions because of their exposure to massive burn pits use by logistical contractors to burn contaminated waste.

Last week a Federal judge ruled that a case may proceed against contracts, Kellog Brown & Root and Halliburton for alleged negligent activity in handling the waste.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Federal Court Allows Burn Pit Claims to Proceed Against Halliburton & KBR

2010-09-09T09:44:00.000-04:00

A Federal Court Judge has ordered that claims against military contractors, KBR (Kellogg Brown and Root) and Halliburton, may proceed. Sick soldiers deployed in Iraq and Afghanistan filed claims against the corporations because of "alleged failures of the military contractors to treat water and dispose of waste in a manner required" by their contract with the US Military.

Judge Roger W. Titus, in his 41 page opinion, dismissed the jurisdictions of the defendants and is allowing limited discovery to go forward. He also invited the participation of the US Government as an "amicus curiae, "friend of the Court," in formulating the discovery plan.

A lawsuit is currently pending against Kellog Brown & Root (KBR) and Halliburton on behalf of soldiers who were exposed to burn pits in Iraq and Afghanistan. The corporations were awarded US logistical contracts to support military in the war theaters.

In its ruling the Court stated, "In tension with the exercise of caution supported by these legal defenses is the legitimate concern that the judiciary may prematurely close courtroom doors to soldiers and civilians injured from wartime logistical activities performed by hired hands allegedly acting contrary to military-defined strictures. Courts must be prepared to adjudicate cases that ultimately expose defense contractors to appropriate liability where it is demonstrated that they acted outside the parameters established by the military and, as a result, failed to exercise proper care in minimizing risk to service members and civilians."

Soldiers returning from Iraq and Afghanistan have report illnesses, including: cancers, respiratory disease, skin disorders and cancer following there tours of duty. Six deaths have been reported from early onset of leukemia and many more under treatment for malignancies.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Related Articles
Halliburton, KBR Ordered by Judge to Face Military Suits Over Pit Burning (Bloomberg)

National Guard Veterans Allowed to Proceed Against KBR

2010-09-03T08:15:00.000-04:00

A US District Court Judge in Oregon has ruled that national guard veterans will be allowed to proceed in a suit against KBR (Kellog Brown and Root) for their exposure to sodium dichromate and resultant hexavalent chromium poisoning while stationed as Oregon National Guardsmen in Iraq and assigned to duty at the Qarmat Ali water plant in 2003. The soldiers allege serious injuries and adverse health effects because of their exposure to sodium dischromate at the Qarmat Ali plant.

KBR entered into a contract with the US Military to provide logistical support during the Iraq conflict. The injured soldiers alleged that KRB was negligent and committed fraud in connection with the provision of services under the contract.

In Court permitted the claim to go forward against KBR for the soldiers, "...exposure to sodium dichromate and resultant hexavalent chromium poisoning while stationed as Oregon National Guardsmen in Iraq and assigned to duty at the Qarmat Ali water plant in 2003 [for the failure of KBR to take] precautions to safeguard personnel who might potentially be exposed to environmental hazards at worksites, including the wearing of protective gear and/or the closing down of operations at any unsafe site."

The Court held,"Defendants here assert that their "provision of engineering and logistical support services at Qarmat Ali" took place pursuant to the specifications of a contract with the government, and that they did not exceed their authority under those specifications. On this basis, defendants argue that they were merely "executing the will of the United States" and are entitled to the benefits of derivative sovereign immunity. The evidentiary record belies both of defendants' assertions."

A lawsuit is currently pending against Kellog Brown & Root (KBR) and Halliburton on behalf of soldiers who were exposed to burn pits in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits.Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Ill Veteran Claims Inadequate Treatment for Burn Pit Exposure

2010-08-28T08:01:00.000-04:00

A wheelchair bound veteran claims that the military flew him to specialized clinic in NJ and failed to provide adequate treatment for his toxic exposure to burn pit dust and fumes.Soldiers returning from Iraq and Afghanistan have been reporting skin, respiratory and early on set of malignancies as a result of burn pit exposures while deployed in the Gulf War.

As a supporter for the improved health and welfare of individuals against hazardous occupational and environmental exposures, Jon L. Gelman advocates for changes in safety standards and safer use of chemicals.

A lawsuit is currently pending against Kellog Brown & Root (KBR) and Halliburton on behalf of soldiers who were exposed to burn pits in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Institute of Medicine Holds Meeting on Burn Pit Exposures

2010-08-09T23:29:00.000-04:00

The Third Meeting of the Committee on Long-term Health Consequences of exposures to burn pits in Iraq and Afghanistan was held on July 14th and 15th, 2010. The Committee of the Institute of Medicine of the National Academies held their meeting in a closed session. The open session to the public was cancelled.

The first meeting of the committee was held in February. At that time the organization was charged with the responsibility of reviewing medical condition that may be related to the exposures to burn pit fumes.

Soldiers that have returned from Iraq and Afghanistan, and that have been exposed to burn pit fumes and smoke, have reported serious pulmonary medical conditions, including constrictive bronchiolitis, and malignancies.

Click here to read more about burn pit exposures in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Poisoned by Burning Trash

2010-08-06T11:06:00.000-04:00

The Washington Post, in an article authored by Maria Gold ,, has described the medical plight of returning soldiers from Iraq and Afganistan, after having been poisoned by burning trash. The ill solders were exposed to fumes and smoke from burn pits that were constructed by independent contractors to the military.

The article describes a variety of serious medical aliments including respiratory conditions involving a chronic cough, and 6 deaths due to leukemia and 5 more that are reportedly under treatment for the same cancer.

A Federal lawsuit is now pending on behalf of the soldiers and independent contractors who have been exposed. decision on pending determinative motions is anticipated shortly.

Click here to read more about burn pit exposures in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Army Shifts Treatment of Ill Burn Pit Soldiers Diagnosed With Constrictive Brochiolitis

2010-08-05T08:29:00.000-04:00

The US Army has shifted the treatment location of the returning soldiers who have been exposed to burn pit fumes and dusts in Iraq and Afghanistan. Veterans Today reports that the patients under the care of Dr. Robert Miller, Associate Professor of Allergy, Pulmonary and Critical Care Medicine at Vanderbilt University, are now being shifted from Fort Campbell, KY to Brooke Army Medical Center in San Antonio.

Dr . Miller has diagnosed more than 50 returning soldiers with "constrictive broncholitis," a condition he reports is related to toxic environmental exposure caused by burn pit smoke. Dr. Miller has performed open lung biopsies to objectively confirm his findings and has published several studies and has testified before Congress over this serious health concern.

“I think this is a way to get control of an issue,” Miller said. “They [US Army] can control the discussion by keeping it internal.” But Col. Lisa Zacher, pulmonary consultant to the Army surgeon general, said she greatly admires Miller’s work, and that the change came purely for business reasons.

Click here to read more about burn pit exposures in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Why Soldiers Are Coming Home Sick

2010-07-27T07:17:00.000-04:00

A team of physicians at Vanderbilt University headed by Robert Miller, M.D. associate professor of Allergy, Pulmonary and Critical Care Medicine have concluded that, it is apparent that respiratory problems are the illness of our current wars in the Middle East.

Dr, Miller has been studying soldiers who have been exposed to burn pits smoke and fumes in Iraq and Afghanistan. “So far, all but a few of these soldiers we have biopsied have come back with pathology diagnosing constrictive bronchiolitis,” Miller said. Constrictive bronchiolitis is a narrowing of the tiniest and deepest airways of the lungs.

Participating inn the medical program is Joyce Johnson, M.D., professor of Pathology. She has been studying tissue from open lung biopsies of returning soldiers. “These are striking abnormalities in this otherwise young and healthy population. We need broad, national recognition that this is a complication of being in this theater,” Johnson said.
Click here to read more about burn pit exposures in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Report Urges Worldwide Ban on Asbestos as Fatal Dangers Continues

2010-07-22T06:28:00.000-04:00

Corporate greed resulting in the loss of life is the conclusion of a major investigative report just published concerning the worldwide asbestos trade and global epidemic of disease. The report, strongly urging the rationale for a worldwide ban of asbestos, has been published in print simultaneously with the release of a series of audio broadcasts.

The investigative reports have been published by The Center for Public Integrity (CPI) based on the investigative reporting of the British Broadcasting Corporation's (BBC) joint venture with the International Consortium of Investigative Journalists.
Jim Morris of CPI reports, "A global network of lobby groups has spent nearly $100 million since the mid-1980s to preserve the market for asbestos, a carcinogen now banned or restricted in 52 countries. Scientists say asbestos may cause up to 10 million deaths by 2030, with a mounting toll in the developing world."
Asbestos, for decades, has been linked to asbestosis, lung cancer and mesothelioma. Mesothelioma remains an incurable and fatal disease.

Asbestos contamination remains an international problem. Recent reports indicate that US military troops have been exposed to asbestos in Iraq and Afghanistan through indiscriminate use of burn pits by military contractor.

As a supporter for the improved health and welfare of individuals against hazardous occupational and environmental exposures, Jon L. Gelman advocates for changes in safety standards and safer use of chemicals.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

VA Publishes New Regulations for Stress Related Claims

2010-07-14T20:21:00.000-04:00

The Veterans Administration did not specifically address burn pit and environmental exposures in the new stress regulations or its commentary. That issue remains undecided and it appears as of today that case by case review will determine whether those claims will be approved.

"The Department of Veterans Affairs (VA) is amending its adjudication regulations governing service connection for posttraumatic stress disorder (PTSD) by liberalizing in some cases the evidentiary standard for establishing the required inservice stressor. This amendment eliminates the requirement for corroborating that the claimed inservice stressor occurred if a stressor claimed by a veteran is related to the veteran's fear of hostile military or terrorist activity and a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms that the claimed stressor is adequate to support a diagnosis of PTSD and that the veteran's symptoms are related to the claimed stressor, provided that the claimed stressor is consistent with the places, types, and circumstances of the veteran's service.

"This amendment takes into consideration the current scientific research studies relating PTSD to exposure to hostile military and terrorist actions. The amendment acknowledges the inherently stressful nature of the places, types, and circumstances of service in which fear of hostile military or terrorist activities is ongoing. With this amendment, the evidentiary standard of establishing an inservice stressor will be reduced in these cases. The amendment will facilitate the timely processing of PTSD claims by simplifying the development and research procedures that apply to these claims.

****

The Regulation was published in the Federal Register on July 13, 2010 (Volume 75, Number 133)

DATES: Effective Date: This final rule is effective July 12, 2010.

Applicability Date: This final rule applies to an application for service connection for PTSD that:
-Is received by VA on or after July 12, 2010;
-Was received by VA before July 12, 2010 but has not been decided by a VA regional office as of that date;
-Is appealed to the Board of Veterans' Appeals (Board) on or after July 12, 2010;
-Was appealed to the Board before July 12, 2010 but has not been decided by the Board as of that date; or
-Is pending before VA on or after July 12, 2010 because the Court of Appeals for Veterans Claims (Veterans Court) vacated a Board decision on the application and remanded it for readjudication.
****
"One commenter stated the term ``stressor'' is ambiguous and may lead one to believe that the rule applies only if a veteran can identify a single specific event instead of hostile military or terrorist activity generally. One commenter suggested that the rule should apply as well to a series of events or the totality of circumstances of deployment to a combat zone. Another commenter questioned the meaning of the phrase ``consistent with the . . . circumstances of service'' and doubted whether an examiner would ever find that a traumatic event experienced by a veteran who had an MOS of cook is consistent with the circumstances of the veteran's service. Another commenter inquired about whether the examiner would be responsible for determining whether the stressor is consistent with the veteran's service.

"VA believes that the language in the proposed rule is not ambiguous. As stated in the rule, `` `fear of hostile military or terrorist activity' means that a veteran experienced, witnessed, or was confronted with an event or circumstance.'' (Emphasis added). The term ``circumstance'' means ``a condition, fact, or event accompanying, conditioning, or determining another: an essential or inevitable concomitant.'' Webster's Ninth New Collegiate Dictionary, 242 (1990). Therefore, the rule provides that a veteran's ``fear'' need not emanate from a single event or be consistent with the veteran's MOS but rather the fear may result from conditions to which the veteran was exposed during service. The requirement that a claimed stressor be consistent with the places, types, and circumstances of the veteran's service originates in the statute that authorizes this regulation, 38 U.S.C. 1154(a), which requires VA to duly consider the places, types and circumstances of the veteran's service. In addition, consistent with section 1154(a), VA regulations provide that consistency with the places, types, and circumstances of service is shown by the veteran's service records, the official history of each organization in which the veteran served, medical records, and all pertinent medical and lay evidence. 38 CFR 3.303(a). Finally, VA adjudicators, not examining psychiatrists and psychologists, will decide whether the claimed stressor is consistent with the veteran's service.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

President Announces Change for VA Benefits

2010-07-11T18:39:00.000-04:00

On Saturday President Obama announced that there will a dramatic change if the VA benefits program for post traumatic stress (PTSD) disorders. The program is to be announce by the VA Administration on Monday. It is uncertain how this change will impact those who suffered burn pit exposures in Iraq and Afghanistan.

"For their service and sacrifice, warm words of thanks from a grateful nation are more than warranted, but they aren't nearly enough. We also owe our veterans the care they were promised and the benefits that they have earned. We have a sacred trust with those who wear the uniform of the United States of America. It's a commitment that begins at enlistment, and it must never end. But we know that for too long, we've fallen short of meeting that commitment. Too many wounded warriors go without the care that they need. Too many veterans don't receive the support that they've earned. Too many who once wore our nation's uniform now sleep in our nation's streets."
President Obama, March 19, 2009

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Known Iraq & Afghanistan Burn Pit Locations

2010-07-03T07:55:00.000-04:00

Abu Ghraib Prison, Iraq
Camp Adder, Talil AFB, Iraq
Al Asad Air Base, Kuwait
Ali Air Base (formerly Tallil Air Base)
Al Quo, Iraq
Al-Sahra, Iraq aka Speicher
Camp Al Taji, IQ (Army Airfield)
Al Taqaddum, Iraq (Ridgeway)
Camp Anaconda, Iraq
Camp Anderson, Iraq
FOB Andrea
Camp Arifjan, Kuwait(Camden Yards)
Camp Ar Ramadi, Iraq
Baghdad International Airport (BIAP), Iraq
Bagram Air Base, Afghanistan
Balad Air Force Base, Iraq
Baquba, Iraq (See Warhorse)
Camp Bastion Airfield, Afghanistan
Camp Bucca, Iraq
FOB Caldwell, Kirkush, Iraq
Camp Cedar I and I, Talil AFB, Iraq
Camp Chesty, Iraq
Camp Courage, Mosul, Iraq
Camp Cropper, Iraq
Camp Delta, Al Kut, Iraq
FOB Delta, Al Kut, Iraq
Diwaniya, Iraq
Djibouti, Iraq
Camp Echo, Diwaynia, Iraq
FOB Endurance - Qayyarah Airfield West/Saddam Air Base
Falluja, Iraq
FOB Fenty, Jalalabad, Afghanistan
FOB Hammer a/k/a Butler Range
FOB Freedom, Kirkuk, Iraq
FOB Gabe, Baqubah, Iraq
Former FOB Gains Mills
Camp Geiger, Iraq
Green Zone, Iraq
Jalalabad, Afghanistan
Kabul, Afghanistan
Kalsu, Iraq
Kandahar, Afghanistan
Kirkuk, Iraq
Kut Al Hayy Airbase, Iraq
Camp Liberty, Iraq (aka Camp Trashcan)
Camp Loyalty, Iraq
FOB Marez, Mosul, Iraq
FOB McHenry
COB Meade, Camp Liberty, Iraq
Mosul, Iraq
Navstar, Iraq
Camp Pennsylvania, Kuwait
Quatar, Iraq
Q-West, Iraq - Qayyarah Airfield West/Saddam Air Base
Camp Ridgeway, Iraq (Al Taquaddum)
Camp Rustamiyah, Iraq
Camp Salerno, Afghanistan
Camp Scania, Iraq
Scania, Iraq
Camp Shield, Baghdad, Iraq
COB Speicher, Iraq aka Al Sahra Airfield (formerly FOB)
Camp Stryker, Iraq
FOB Sykes, Iraq (Tall' Afar)
Taji, Iraq
Tall’ Afar, Iraq
Tallil AFB, Iraq (now is Ali Air Base)
Camp Victory, Iraq
FOB Warhorse, Baqubah, Iraq
FOB Warrior, Kirkuk, Iraq

Click here to read more about burn pit exposures in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

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New Medical Study Confirms Lung Problems From Balad Burn Pit Exposure

2010-07-03T07:38:00.000-04:00

A new medical study is about to be published reporting that a those soldiers who were were near burn pits in Iraq suffer a greater incidence of lung disease.

The report will be published next month in the journal of Allergy and Asthma Proceedings and comes a few days after a similar study by the American Lung Association that urged that the burn pits be shut down immediately because the emissions contain significant amount of cancer producing chemicals.

The research was conducted by Dr, Anthony Szema who reported the significant increase in illness. He studies soldiers who were deployed at Balad Air Base. His research revealed that 7% of those soldiers were assigned to Balad reported respiratory condition upon their return. The doctor said, "“We shouldn’t be seeing these injuries,” he said. “But we’re not supposed to be living 100 yards away from where they’re burning water bottles and other waste either.”

The increased disease has been cause for alarm by the Veteran's Administration. The agency last month published guidelines for claims for shoulders with burn pit claim and resulting medical issues.

Dr. Szema, Chief of the Allergy Section at the Veterans Affairs Medical Center in Northport, New York, recently testified to the Senate Democratic Policy Committee that burn pits in Iraq and Afghanistanare making our soldiers sick. "Individuals have reported uncontrolled burning of waste in the burn pits in Iraq. The chemicals generated from slow, low-heat burning present a variety of health risks. The type of plastic (PVC) used to make plastic bottles produces dioxin and hydrochloric acid when burned. These chemicals are associated with immune dysfunction, IQ deficit, and reproductive abnormalities. Polystyrene foam cups can be a source of carcinogens including dioxin, benzene, styrene and furans when burned. Chromated copper arsenate (CCA)-treated wood contains pro-carcinogenic arsenic. Bleached or colored paper contains harmful chemicals. Bleached paper contains halogenated hydrocarbons and furans associated with leukemia and liver disease. Colored paper contains heavy metals like lead and cadmium associated with blood, liver and kidney disease. Particle board and plywood release formaldehyde when burned; this is associated with nose and throat cancer, as well as liver and kidney disease and airway inflammation. Cardboard used for packaging of foodstuffs may contain fungicides which are associated with neurological disorders. The variety of materials burned at the burn pits in Iraq produces an enormous array of chemicals which may plausibly combine when burned to produce unknown dangers."
Click here to read more about burn pit exposures in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

CBS Reports on the Hazards of Burn Pits in Iraq & Afghanistan

2010-06-27T07:15:00.000-04:00

Watch CBS News Videos Online

CBS TV correspondent Jeff Glor reports, in a special report, that US soldiers deployed to Iraq and Afghanistan have been exposed to toxic environmental smoke and fumes from burn pits. As a result of the exposures they now allege medical conditions including respiratory condition and malignancies (cancers). A lawsuit is presently pending on their behalf.

Glor reports, "The military authorized more than a hundred burn pits in Iraq and Afghanistan. The largest were operated by private contractors Halliburton and KBR, designed to burn everything from military equipment to medical supplies, batteries and hazardous waste."

Click here to read more about burn pit exposures in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

American Lung Association Urges US Senate to Ban Burn Pits

2010-06-24T23:40:00.000-04:00

The American Lung Association requested the US Senate to protect the health of American shoulders should be protected by banning the use of burn pits. The American Lung Association testified about urgent lung health issues facing military personnel and the Department of Defense. H. James Gooden, Chair of the Board of Directors of the American Lung Association, appeared before the Senate Appropriations Subcommittee on Defense to urge that action be taken quickly to address the growing health threat posed by burn pits in Iraq and Afghanistan. Gooden also spoke to the importance of restoring an important lung cancer research program.

Gooden also spoke to the health threat posed by burn pits in Iraq and Afghanistan, after reports of soldiers who were exposed to them are now returning home with lung illnesses including asthma, chronic bronchitis and sleep apnea.

"The American Lung Association is deeply concerned by reports of the use of burn pits and the negative effects on lung health on soldiers in both Iraq and Afghanistan," Gooden testified. "Emissions from burning waste contain fine particulate matter, sulfur oxides, carbon monoxide, volatile organic compounds, and various irritant gases such as nitrogen oxides that can scar the lungs. Emissions also contain chemicals that are known or suspected to be carcinogens. We urge the DoD to immediately find alternatives to this method of waste disposal," Gooden testified.

Click here to read more about burn pit exposures in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Sleep Disorders Linked to Burn Pit Environmental Pollution

2010-06-23T06:54:00.000-04:00

The Navy Times reports the causal connection between the exposure of US Troops to environmental pollution (open air burn pits in Iraq and Afghanistan) and resulting sleep disorders such as sleep apnea. The study examined air pollution in Baghdad in combination with the high summer temperatures of 111 degrees.

“We found novel evidence for pollution and temperature effects on sleep-disordered breathing,” said Zanobetti, an author of the report “Increases in apnea or hypopnea were associated with increases in short-term temperature over all seasons, and with increases in particle pollution levels in the summer months.” The study was conducted by researchers at Brigham and Women's Hospital and the Harvard School of Public Health.

The Navy Times reports a 600% increase in claims of sleep-disorder breathing by soldiers since 2000. The largest increase follows the initiation of the conflicts in Iraq and Afghanistan. Many returning soldiers have filed claims for Veteran's Administration benefits for sleep disorders based on their exposures.

The Harvard based research was based upon prior reports linking air pollution in seven major US cities with sleep disorder breathing. The previous study was published in a journal of the American Thoracic Society.

The current study was presented at the the 24th Annual meeting of the Associated Professional Sleep Societies . "Results indicate that 86 percent of participants had sleep disturbances upon return from deployment and 45 days later even though the majority of them had no signs of post-traumatic stress disorder or depression. Soldiers were more likely to have sleep disturbances if they had a personal history of sleep problems, symptoms of physical illness or mild traumatic brain injury."

"This is the first study to describe the prevalence of sleep disturbances at two different time points in soldiers returning from deployment without any apparent physical trauma from blasts or amputation," said principal investigator Major Betty Garner, PhD, a nurse scientist in the Nursing Research Office at Landstuhl Regional Medical Center in Landstuhl, Germany. "The most surprising finding from this small preliminary sample was the extremely high percentage of sleep disturbances in soldiers even 45 days after they returned from wartime deployment back to the United States - the safe zone."

Click here to read more about burn pit exposures in Iraq and Afghanistan.
Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

House of Representatives Passes Burn Pit Registration Bill

2010-06-06T10:35:00.000-04:00

Last week, the House of Representatives passed language directing the Secretary of Defense to provide a report on the feasibility of establishing an active registry for service members and veterans who have been exposed to occupational and environmental chemical hazards such as toxic burn pits. Passed as part of the Fiscal Year 2011 National Defense Authorization Act (FY11 NDAA), the language is based on HR 4477, the Military Personnel Toxic Exposure Registry Act, introduced by Bishop and Rep. Carol Shea-Porter.

A lawsuit is currently pending against Kellog Brown & Root (KBR) and Halliburton on behalf of soldiers who were exposed to burn pits in Iraq and Afghanistan.

The report mandated in the FY11 NDAA the will discuss the processes by which service members exposed to toxic chemicals could be included in the registry and also procedures to provide medical examinations to service members eligible for inclusion in the registry. A significant number of the roughly two million service members who have served in Iraq and Afghanistan have been exposed to these toxic burn pits, and hundreds of returning veterans are now displaying symptoms of illness.

"I fear we may have another Agent Orange situation developing with these burn pits," said Congressman Bishop. "Our troops deserve to know, and to be taken care of, if the burning of hazardous waste on our overseas bases has made them sick."

The Military Personnel Toxic Exposure Registry Act was endorsed by Disabled American Veterans, the Iraq and Afghanistan Veterans of America, the Military Officers Association of America, and the National Guard Association of the United States.

The FY11 NDAA makes record investments in America’s military, authorizing a $726 billion budget to further strengthen our national security, provide our brave men and women in uniform with the tools to do their jobs, and take care of service members and their families.

Click here to read more about burn pit exposures in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

VA Establishes Burn Pit Web Site to Help Veterans

2010-05-29T10:06:00.000-04:00

The Veterans Administration (VA) has established a web site to provide information about potential exposures from burn pits, medical information and benefits available thought eh VA.

Burn Pits

Information about potential exposure to toxins from burn pits, possible health-related problems and VA benefits

Open air burn pits have been used extensively in the current conflicts in Iraq and Afghanistan to dispose of waste.

Many returning Veterans have expressed health concerns related to their exposure to smoke from burning trash and human waste.

Types of Waste Burned

Waste products include, but are not limited to:
Chemicals (e.g., paints, solvents)
Incomplete combustion by-products
Medical and human waste
Metal/aluminum cans
Munitions and other unexploded ordnance
Petroleum and lubricant products
Plastics and styrofoam
Rubber
Wood waste
Possible Health Problems from Exposure to Toxins

Exposure to specific individual toxins may affect the skin, respiratory system, eyes, liver, kidneys, central nervous system, cardiovascular system, reproductive system, peripheral nervous system, and gastrointestinal tract.

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Yuma veteran joins burn pit lawsuit | yuma, lawsuit, battle - News - YumaSun

2010-05-29T09:57:00.000-04:00

Yuma veteran joins burn pit lawsuit | yuma, lawsuit, battle - News - YumaSun

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U.S. Intervenes in Suit Against KBR and Panalpina Alleging Kickbacks Under the False Claims Act

2010-05-13T07:26:00.000-04:00

Allegations of Kickbacks and Overbilling Related to Logistical Support in Iraq

The Justice Department has intervened in a whistleblower lawsuit against Kellogg Brown & Root (KBR), Panalpina Inc. and others that alleges that employees of two freight forwarders doing business with the companies provided unlawful kickbacks to KBR transportation department employees. KBR is the prime contractor under the Logistics Civil Augmentation Program (LOGCAP III) contract for logistical support of U.S. military operations in Iraq. The whistleblowers also allege overbilling by a KBR subcontractor in the Balkans, Wesco, under a military contract.

The United States is pursuing allegations that the two freight forwarders, Eagle Global Logistics (which has since merged with TNT Logistics and become CEVA) and Panalpina provided unlawful kickbacks in the form of meals, drinks, tickets to sports events and golf outings to KBR employees. The government will seek damages and penalties under the False Claims Act and common law, as well as penalties under the Anti-Kickback Act. The United States has declined to intervene in the remaining allegations of the relators’ suit.

The lawsuit was filed in U.S. District Court for the Eastern District of Texas under the qui tam or whistleblower provisions of the False Claims Act by David Vavra and Jerry Hyatt who have been active in the air cargo business–the industry relevant to the case. Under the qui tam or whistleblower provisions of the False Claims Act, a private citizen, known as a "relator," can sue on behalf of the United States. If the suit is successful, the relator may share in the recovery.

"Defense contractors cannot take advantage of the ongoing war effort by accepting unlawful kickbacks," said Tony West, Assistant Attorney General of the Civil Division of the Department of Justice. "We are committed to maintaining the integrity of the Department of Defense's procurement process."

The United States previously intervened in and settled the relators’ allegations that EGL included non-existent charges for war risk insurance in invoices to KBR for air shipments to Iraq, costs that KBR passed on to the Army. Two EGL employees pleaded guilty to related criminal charges. EGL paid the United States $4 million in the civil settlement.

The government also intervened in and settled the relators’ allegations that EGL’s local agent in Kuwait, a company known as Al-Rashed, overcharged it for the rental (or demurrage) of shipping containers. The United States resolved potential claims arising from that matter against EGL for $300,000. Finally, EGL paid the government $750,000 to settle the relators’ allegations that the company provided kickbacks to employees in KBR’s transportation department. Former EGL employee Kevin Smoot and former KBR employee Bob Bennett pleaded guilty to related criminal charges in federal court in Rock Island.

This case is being prosecuted as part of a National Procurement Fraud Initiative. In October 2006, the Deputy Attorney General announced the formation of a National Procurement Fraud Task Force designed to promote the early detection, identification, prevention and prosecution of procurement fraud associated with the increase in government contracting activity for national security and other government programs. The Procurement Fraud Task Force is chaired by the Assistant Attorney General for the Criminal Division and includes the Civil Division, United States Attorneys’ Offices, the FBI, the U.S. Inspectors General community and a number of other federal law enforcement agencies. The Defense Criminal Investigative Service and Federal Bureau of Investigation participated in the investigation of this matter. This case, as well as others brought by members of the task force, demonstrates the Department of Justice’s commitment to ensure the integrity of the government procurement process.

The case is United States of America ex rel. Vavra, et al. v. Kellogg Brown & Root, Inc., et al., C.A. No. 1:04-CV-00042 (E.D. Tex.).

Doctor Links Burn Pit Exposures to Respiratory Illness

2010-05-09T07:45:00.000-04:00

Medical doctors associated with Vanderbilt University have linked a rare and incurable lung disease with exposure to toxic dust, fumes and smoke of burn pits in Iraq and Afghanistan.

Dr. Robert Miller with Vanderbilt Medical Center, who testified before the US Senate Veterans Affairs Committee in October 2009 said, "We began referring them for open lung biopsies and found they had a condition called constrictive bronchiolitis. Constrictive bronchiolitis is a scarring of the small airways of the lungs."

The news was reported by Fox 17 (WZTV Nashville) and reveals that doctors at Vanderbilt University have beens studying the problem since 2004 and have conducted open biopsies on 45 soldiers. Additional research is on going at Vanderbilt University concerning this serious and permanent condition that has been considered irreversible.

Click here to read more about burn pit exposures in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Dan Rather TV Documentary Highlights Burn Pit Health Hazards

2010-05-08T00:29:00.000-04:00

An investigative report, concerning the alleged environmental health hazards of the burn pits in Iraq and Afghanistan, was broadcast on HDNet on Tuesday, May 4, 2010. The program, Dan Rather Reports, highlighted interviews of physicians, shoulders and environmental experts who spoke of toxic hazards of burn pits and related medical conditions and illnesses.

Dan Rather reported, "A mystery that doctors and scientists are just beginning to unravel. It began when servicemen and women returning from Iraq and Afghanistan began complaining of breathing problems. And it has grown into what may be the next gulf war syndrome, the next 9-11 ground zero disease, maybe even the next agent orange. All of those maladies were initially dismissed as figments of the imagination. We now know they were all too real, each caused by exposure to environmental hazards. In this case, the military initially said that the suffering soldiers were only victims of coincidence. But that didn't satisfy a small group of doctors and soldiers. They're convinced it can all be traced to something in the air."

"They can be seen curling into the sky or hanging low to the ground over many U.S. military bases in Iraq and Afghanistan. Billowing clouds of smoke emanating from mountains of burning trash. They're called burn pits, and at one point there were estimated to be hundreds of them in both countries-- some small some enormous. Staggering amounts of waste are generated in military operations. Not only do commanders have to figure out how to fight, they have to figure out what to do with all that garbage for example here in Baghdad where thousands of soldiers live and work, hundreds of tons of trash are produced each day. That trash includes many thousands of things like plastic water bottles and foam trays -- along with a lot of other stuff. For years much of it ended up in burn pits."

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VA Outlines New Policy to Address Burn Pit Hazards

2010-05-07T23:44:00.000-04:00

The Veterans Administration (VA) has released a new 30 page letter outlining a new policy for regional VA offices to following in determining benefits to be paid to veterans. The Marine Corps Times reported that this is the first time in history that the VA has addressed potential battlefield hazards while troops remained in a combat zone.

The Veterans Administration stated in the letter:

"Service members can be exposed to environmental hazards in the course of their military duties, which may result in adverse health effects. Numerous environmental hazards in Iraq, Afghanistan, and other military installations that could potentially present health risks to service members and Veterans have been identified. The hazards discussed in this training letter are as follows: (1) Large burn pits throughout Iraq, Afghanistan, and Djibouti on the Horn of Africa; (2) ”particulate matter” in Iraq and Afghanistan; (3) a large sulfur fire at Mishraq State Sulfur Mine near Mosul, Iraq; (4) hexavalent chromium exposure at the Qarmat Ali Water Treatment Plant in Basrah, Iraq; (5) contaminated drinking water at Camp LeJeune, North Carolina; and (6) pollutants from a waste incinerator near the Naval Air Facility (NAF) at Atsugi, Japan. It is imperative that regional office personnel are aware of these environmental health hazards and are well-trained to handle disability claims from Veterans based on exposure to them. "

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Fox Reports on Toxic Burn Pits

2010-04-30T07:54:00.000-04:00

The burning of toxic waste on military bases throughout Iraq and Afghanistan was the subject of a recent news report on the Fox TV network. The post deployment medical condition of soldiers who were exposed to the toxic clouds of dust, fumes and other air pollution are reported by Fox's St. Louis affiliate KTIV. The report concluded that, "....that no one wanted to know the truth...", about the on going exposures.
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Dan Rather Reports on Burn Pit Exposures to Soldiers in Iraq & Afghanistan

2010-04-27T07:26:00.000-04:00

Burn Pit exposures will be the topic of a televised report by Dan Rather. The program is scheduled to air on Tuesday, May 4, 2010 at 8pm and 11pm on HD Net. To watch a video preview click here.

The focus of the program will be the American shoulders who have returned from Iraq and Afghanistan suffering from new diseases and illnesses that were not the direct consequences of armed combat. The program will discuss the alleged exposures to burn pit dust, fumes and other toxic pollution to enormous burn pits that were utilized by government contractors to dispose of waste. Lawsuits are presently pending against these contractors including KBR and Kellogg, Brown and Root.

The diseases reported include: respiratory disease, chronic cough,  debilitating headaches, and neurological skin disorders, and cancers. Some deaths have been reported from the alleged exposures to the burning toxic waste.

In a report in the Huffington Post, Lt. Col. Darrin Curtis (Ret.) U.S. Air Force, a bio-environmental engineer, commented on the burn pit at Balad Air Base, "..it was 'amazing that the burn pit has been allowed to operate without restrictions over the past few years with no significant engineering controls put in place.'"

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Gulf War Veteran's Task Force To Report on Burn Pit Exposures

2010-04-12T19:36:00.000-04:00

Further study has been recommended concerning waste disposal contamination (burn pit exposures) and water contamination for veterans. The Gulf War Veteran's Task Force of the Department of Veterans Affairs (GWVI-TF) has issued a final draft report to the Secretary of Veterans Affairs proposing additional research on the widespread use of burn pits to incinerate a variety of wast material in Iraq and Afghanistan, as well as hexavalent chromium contamination at the Qarmat Ali water treatment plant in Basra, Iraq.

The GWVI-TF has raised the issue of enhanced medical surveillance of potential hazardous exposures to veteran's of the Gulf War who were exposed to dust, fumes and other air pollution from the burn pits. Some malignancies have been reported in addition to respiratory, dermatological and psychological disorders.

They will also evaluate the need to provide periodic medical surveillance to Veterans who performed duty at Iraq, and were potentially exposed to hexavalent chromium. Hexavalent chromium has numerous acute and sub-acute health affects. It is also a known human carcinogen (primarily causing lung cancer).

The report involving Long Term Consequences of Exposure to Burn Pits in Iraq and Afghanistan is due 5/1/2011.

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U.S. Sues Kellogg, Brown & Root for Alleged False Claims Act Violations Over Improper Costs for Private Security in Iraq

2010-04-02T07:44:00.000-04:00

The United States has filed a lawsuit against Kellogg Brown & Root Services (KBR) alleging that the defense contractor violated the False Claims Act, the Justice Department announced today. The suit, filed in U.S. District Court in Washington, alleges that KBR knowingly included impermissible costs for private armed security in billings to the Army under the Logistics Civil Augmentation Program (LOGCAP) III contract. The LOGCAP III contract provides for civilian contractor logistical support, such as food services, transportation, laundry and mail, for military operations in Iraq.

The government’s lawsuit alleges that some 33 KBR subcontractors, as well as the company itself, used private armed security at various times during the 2003-2006 time period. KBR allegedly violated the LOGCAP III contract by failing to obtain Army authorization for arming subcontractors and by allowing the use of private security contractors who were not registered with the Iraqi Ministry of the Interior. The subcontractors using private security are alleged to have also violated subcontract terms requiring travel only in military convoys. The government’s lawsuit further alleges that at the time, KBR managers considered the use of private security unacceptable and were concerned that the Army would disallow any costs for such services. KBR nonetheless charged the United States for the costs of the unauthorized services.

“Defense contractors cannot ignore their contractual obligations to the military and pass along improper charges to the United States,” said Tony West, Assistant Attorney General for the Civil Division of the Department of Justice. “We are committed to ensuring that the Department of Defense’s rules are enforced and that funds so vital to the war effort are not misused.”

This case is being brought as part of a National Procurement Fraud Initiative. In October 2006, the Deputy Attorney General announced the formation of a National Procurement Fraud Task Force designed to promote the early detection, identification, prevention and prosecution of procurement fraud associated with the increase in government contracting activity for national security and other government programs. The Procurement Fraud Task Force is chaired by the Assistant Attorney General for the Criminal Division and includes the Civil Division, U.S. Attorneys’ Offices, the FBI, the U.S. Inspectors General community, and a number of other federal law enforcement agencies.

Along with the Justice Department’s Civil Division, the Defense Criminal Investigative Service, Army Criminal Investigation Division and FBI participated in the investigation of this matter. This case, as well as others brought by members of the task force, demonstrates the Department of Justice’s commitment to helping ensure the integrity of the government procurement process.

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Cancer Victim Blames Iraq Burn Pits for Illness

2010-03-28T16:07:00.000-04:00

The Arizona Star reports that a cancer patient now blames her medical condition on her exposure in to the dust, fumes and other toxic emissions. She claims that she was poisoned by the combination of toxic substance that were ignited under the operation of the civil contractor KBR Inc. and its former corporate parent Halliburton.

Senior Airman Jullianne Showal is among 300 plaintiff in a pending lawsuit for damages against KBR Inc. and Halliburton for negligent operation of the waste disposal facilities.She is suffering from an aggressive form of lung cancer.

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Sick Veterans Sue KBR Over Iraq and Afghanistan Burn Pits

2010-03-27T11:23:00.000-04:00

A lawsuit was filed alleging that KBR, Inc.  endangered the health and safety of American soldiers in Iraq and Afghanistan by exposing them to huge quantities of toxic  dust, fumes and other air pollution by burning unsorted waste in vast  open-air pits without any safety controls.  

The lawsuit filed Tuesday in federal court in New Jersey by the law  firm of Jon L. Gelman LLC on behalf of two military veterans whose  illnesses – which include respiratory disease, chronic cough,  debilitating headaches, and neurological skin disorders – were  allegedly caused by 24/7 hazardous emissions from burn pits.  

KBR is accused of operating burn pits in such an unsafe manner that  they permitted thick, noxious smoke emerging from the flames,  sometimes colored blue or green by burning chemicals, to hang over US  bases and camps across Iraq and Afghanistan since 2004.  

According to the complaint, the burn pits are so large that tractors  are used to push waste onto them and the flames shoot hundreds of feet  into the sky. KBR allegedly burned waste such as biohazard materials  including human corpses, medical supplies, paints, solvents, asbestos,  items containing pesticides, animal carcasses, tires, lithium  batteries, Styrofoam, wood, rubber, medical waste, large amounts of  plastics, and even entire trucks.  

Attorney Jon L. Gelman said, “it is alleged that KBR failed to follow  prescribed safety protocols for the proper disposal of waste  materials, and protect the health and safety of those soldiers serving  in and about those areas. It was common knowledge that open-air  incineration of toxic substances, including known carcinogens,  endangered those individuals living in and about those areas. A  company should not willfully disregard appropriate safety precautions  and endanger US Solders heroically serving their country.

”  The plaintiffs are: Gene L. Matson of Superior, Wisconsin and Timothy  J. Watson of Clarkesville, Tennessee.  

The defendants are KBR, Inc., of Houston; Kellogg. Brown & Root LLC.  of Austin, Texas; Kellogg, Brown & Root Services, Inc., of Houston;  and Halliburton Company, of Houston.

  The case is: Gene L. Matson, et al. v KBR, Inc., et al. (In the U.S.  District Court of New Jersey (Case No. 2:10-cv-01492-KSH-MAS).  

Attorney Contact: Jon L. Gelman, of Jon L. Gelman LLC, Wayne, NJ, 973.696.7900 or visit www.gelmans.com.

VA Announces Some Infectious Diseases Associated With Gulf, Iraq & Afghanistan Exposures

2010-03-25T15:43:00.000-04:00

The US Veterans Administration (VA) has announced that some diseases are presumptively related to military service exposures in Iraq and Afghanistan. Missing from the list yet are those disease associated with Burn Pit exposures.
The VA list includes:

-Brucellosis
-Campylobacter jejuni
-Coxiella burnetii (Q fever)-Malaria-Mycobacterium tuberculosis
-Nontyphoid Salmonella-Shigella
-Visceral leishmaniasis
-West Nile virus
The announcement was made in a press release from the VA. A final regulation will be published after the opportunity for comments are presented. This announcement allows for eligibility for disability compensation.

Missing from the VA's list are diseases that have been reported by military veterans and contracts who have suffered from being exposed to the dust fumes and toxic air pollution from the the massive burn pits that were constructed by the major civilian contractors to the military. Those contractors include Halliburton and KRB. The massive burn pits, it has been alleged, were utilized to unsafely dispose of combined toxic substance including: plastics, human body remains, medical waste, human waste and carcinogens such as asbestos, a known cause of asbestosis, lung cancer and mesothelioma, and hexavalent chromium. Additionally it has been alleged that returning veterans and civilian contractor have also suffered: lung and throat cancers, blisters and deep ulcers, damage to the septum, skin allergy, asthma-like-allergy and kidney damage. Lawsuits have been filed seeking damages.

The VA's decision to list the diseases as related to exposures was based upon the 2006 report of the National Academy of Sciences (NAS), entitled, "Gulf War and Health Volume 5: Infectious Diseases." Recently the Institute of Medicine (IOM) began health care studies concerning burn pit exposures.

The IOM plans to investigate:

"An IOM committee will determine the long term health effects of exposure to burn pits in Iraq and Afghanistan. Using the Balad Burn Pit in Iraq as an example, the committee will examine existing literature that has detailed the types of substances burned in the pits and their by-products, and examine the feasibility and design issues for an epidemiologic study of veterans exposed to the Balad burn pit.

The committee will explore the background on the use of burn pits in the military. Areas of interest to the committee might include but are not limited to investigating:

-Where burn pits are located, what is typically burned, and what are the by-products of burning;
-The frequency of use of burn pits and average burn times; and
-Whether the materials being burned at Balad are unique or similar to burn pits located elsewhere in Iraq and Afghanistan.

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Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

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