Brooks and Radchenko Law Firm

Military Burn Pit Lawyer in Dallas - Fort Worth

If you are suffering health effects from exposure to toxic military burn pits while deployed overseas in the Army, Marines, or other military branches, you may be entitled to VA compensation for burn pit exposure. A Texas burn pit attorney at Brooks & Radchenko can help you get the compensation you deserve.

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Experienced Dallas Burn Pit Exposure Compensation Attorney

More than three million veterans benefit from the Comprehensive Toxics Act of 2022, known as the Honoring our PACT Act of 2022. The PACT Act was introduced in June 2021 and worked its way through the House of Representatives and Senate. President Bident signed the PACT Act on August 10, 2022. This extended VA health care benefits to military members and veterans who were exposed to toxic chemicals and suffered burn pit illness. Compensation may also be available to civilian contractors under the Defense Base Act.

Brooks & Radchenko is a burn pit law firm investigating US military burn pit victims’ rights. If you are in the DFW or North Texas area and were exposed to burn pit smoke while serving in the army or as a civilian employee for a defense contract firm overseas, you may be entitled to compensation. Contact us to speak to a burn pit exposure attorney about your rights.

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What Is a Burn Pit?

Burn pits, sometimes stylized as “burnpits”, were open-air waste disposal areas at military sites.

They were common in Iraq and Afghanistan, as well as Kuwait, Saudi Arabia, Bahrain, Djibouti, the Gulf of Aden, the Gulf of Oman, Oman, Qatar, the UAE, Egypt, and the Waters of the Persian Gulf, the Arabian Sea, and the Red Sea. Military and contractors put all kinds of waste in military burn pits, including:

  • Aluminum cans
  • Appliances
  • Batteries
  • Chemicals
  • Classified papers
  • Food waste and containers
  • Human waste
  • Paint
  • Plastic bottles
  • Tires
  • Unexploded ordnance
  • Uniforms

Jet fuel was commonly used as an accelerant. Military and army burn pits were often within walking distance of military barracks, and soldiers and defense contractors in the area of burn pits reported experiencing headaches, eye irritation, throat irritation, breathing difficulties, and skin itching and rashes. Desert winds would carry smoke from the US military burn pits for miles, making burn pit exposure possible, even to soldiers and contractors who were miles away. 

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Burn Pit Exposure

Burn Pit Exposure Presumptive Conditions Outlined in the PACT Act

The PACT Act was significant for burn pit victims because it added more than 20 presumptive conditions for exposure to toxic army burn pits, including:

  • Many types of cancers (see below)
  • Respiratory conditions, including chronic obstructive pulmonary disease (COPD).

Some who served overseas continued to have symptoms and problems years after service. For others, far more concerning health issues developed, like fast-spreading cancers. The inclusion of these as presumptive conditions (VA burn pit presumptive conditions listed below) is significant because there is no longer the requirement to establish and prove the link between the condition and your service. With presumptive conditions, simply having the medical condition is enough.

Get a Free Burn Pit Exposure Lawsuit Evaluation with Our Dallas Lawyers

Brooks & Radchenko offers a free in-person or online consult with an attorney. If you are in the DFW area or North Texas and would like to speak with a lawyer about a potential VA compensation claim or lawsuit, contact us to schedule a consultation with one of our experienced lawyers. 

List of Presumptive Burn Pit Cancers (per the PACT Act)

The VA list of presumptive military burn pits cancer types includes:

  • Brain cancer
  • Gastrointestinal cancer (any type)
  • Glioblastoma
  • Head cancer (any type)
  • Kidney cancer
  • Lymphatic cancer (any type)
  • Lymphoma (any type)
  • Melanoma
  • Neck cancer (any type)
  • Pancreatic cancer
  • Reproductive cancer (any type)
  • Respiratory cancer (any type)
Burn Pit Cancer
 burn pit illness

Burn Pit Presumptive Conditions List of Illnesses (per the PACT Act)

Many respiratory conditions have been deemed a burn pit illness. Exposure to toxic military burn pits has been linked to many respiratory diseases and illnesses related to burn pits. In 2022, the list of conditions established to be ''Presumptive Conditions'' was expanded to include:

  • Asthma (diagnosed after service)
  • Chronic bronchitis
  • Chronic obstructive pulmonary disease (COPD)
  • Chronic rhinitis
  • Chronic sinusitis
  • Constrictive bronchiolitis or obliterative bronchiolitis
  • Emphysema
  • Granulomatous disease
  • Interstitial lung disease (ILD)
  • Pleuritis
  • Pulmonary fibrosis
  • Sarcoidosis (granulomas in the lungs, lymph nodes, eyes, and skin).

Who Is Eligible to File VA Burn Pit Claims?

The United States Department of Veterans Affairs (the VA) has clearly established which veterans are automatically qualifying for VA burn pit claims compensation based on timeframe and locations of service.

On or after August 2, 1990:

  • Bahrain
  • Iraq
  • Kuwait
  • Oman
  • Qatar
  • Saudi Arabia
  • Somalia
  • The United Arab Emirates (UAE)
  • The airspace above any of these locations.

On or after September 11, 2001:

  • Afghanistan
  • Djibouti
  • Egypt
  • Jordan
  • Lebanon
  • Syria
  • Uzbekistan
  • Yemen
  • The airspace above any of these locations.

Any service member who served in these locations is presumed to have been exposed to toxic burn pits.

Get Started with Your Burn Pit Claim in The Dallas-Fort Worth Area

Ready to speak with a professional Texas burn pit attorney about your rights to compensation after exposure to a burn pit and experiencing an illness related to burn pits? Contact the law firm of Brooks & Radchenko today to schedule an in-person or online consultation.

Burn Pit Compensations and Benefits Under the Defense Base Act

Military service members are not the only Americans exposed to toxic burn pits.

Employees of civilian defense contractors who were exposed to toxic burn pit smoke may be able to recover compensation under the Defense Base Act, which is a Division of Longshore and Harbor Workers' Compensation (DLHWC). Compensation available (and length of payments) will depend on the level of disability:

  • Temporary total disability (TTD)
  • Temporary partial disability (TPD)
  • Permanent total disability (PTD)
  • Permanent partial disability (PPD).

Civilian contractors are not entitled to VA burn pit compensation, but the Defense Base Act is an alternative to VA burn pit claims through a worker's compensation claim for medical, wage, and vocational rehabilitation benefits. It may be helpful to work with an attorney to pursue wage benefits under the Defense Base Act - to ensure you receive the maximum compensation available.

Burn Pit Compensations

Our Top Burn Pit Compensation Attorney in Dallas, TX

Halina Radchenko

Halina Radchenko

Halina Radchenko is an advisor and advocate for individuals who have suffered injury and illness due to the negligence of others. She is passionate about leveling the playing field for those who have been injured. Her mission in every case is to obtain maximum compensation for her clients and hold responsible parties accountable.

  • Youngest woman president of NYTLA (New York State Trial Lawyers Association)
  • Order of the Barrister Awardee
  • Personal benefit

How Our Dallas-Fort Worth Lawyers Can Help With Your Burn Pit Lawsuit?

Suffering health problems from burn pit exposure? Compensation may be available for medical care and other benefits. You can immediately request authorization by submitting a disability claims form (Form LS-201) with the VA.

Brooks & Radchenko are investigating burn pit claims and evaluating potential cases involving VA compensation for burn pit exposure causing respiratory illness or cancer. We understand that navigating a claim can be challenging. Contact us today to speak with a toxic tort attorney about initiating a military burn pit claim. We can provide guidance on the process and answer any questions you have.

Our Cases

Following are examples of some of our recent results:

Male client involved in a car accident as a pedestrian at a worksite. The motor vehicle rolled over his foot causing a crushed foot injury. As a result, client had to undergo a surgical procedure wherein they placed hardware into his foot. He had two surgeries to his knee and removal of the hardware from his foot. We were able to obtain a settlement in the amount of $925,000.00
Client was injured as a result of a car accident. Liability was difficult on the case as both our client and the defendant stated that they had a green light at the intersection. There were no witnesses and no camera footage to prove who really had the green light. She sustained back injuries requiring her to undergo two surgeries to her back. We were able to obtain a settlement in the amount of $835,000.00
Plaintiff was involved in a car accident and had disc bulges and herniations. He ended up having over 1 year of physical therapy and chiropractic treatment. This is a very difficult case in the state of New York because you have to prove that the injured party sustained a “serious injury” under the New York City threshold law. We were able to obtain a $300,000.00 verdict on this case.

Featured Clients Testimonials

Walter R.


Car Accident

I can’t speak highly enough of Brooks & Radchenko. They explained everything to me with utmost clarity and simplicity, and they were available whenever I needed them. Ultimately, I got the result I had been hoping for. If you need a car accident lawyer in Dallas, TX, I can’t think of a better choice.

Wanda G.


Car Accident

My brother was injured in a car accident caused by an uninsured drunk driver with no financial resources. Brooks & Radchenko filed a claim against the nightclub that sold the driver alcohol, and we ended up with a generous settlement. If you’re looking for a Dallas, Texas car accident attorney, Brooks & Radchenko is the way to go.

Sally R.


Car Accident

The lawyers at Brooks & Radchenko were always available to answer my questions and address my concerns. I was laid up in the hospital most of the time, and they took care of everything for me. I can’t say enough for them.My husband was killed in a car accident caused by an on-duty delivery driver. They sued the driver’s employer and I ended up walking aways with a generous settlement. All of this took place in just a few weeks. Their compassion and professionalism made me feel like a part of their family during a very difficult time.

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Contact Our DFW Attorneys to Help With Your Burn Pit Exposure Claim

If you are suffering from respiratory illness or burn pit-related cancer from burn pit exposure overseas, the DFW burn pit law firm at Brooks & Radchenko is here to help. Contact us today to schedule an in-person or online appointment to discuss your best course of action with a lawyer.

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It does not provide legal advice. The scenarios described in this website are intended to demonstrate legal principles involved with representation in the type of case described. Any current or former clients quoted or specifically identified in these materials have reviewed the firm on a third-party website or platform, such as Google, without compensation. Every legal case is different. Specific past results are not indicative of specific future results. Any information contained herein pertaining to experience or familiarity with particular courts or government agencies should not be construed as an ability or willingness to exert improper influence over the legal system. All services described in these materials and provided by Radchenko and
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