Two veterans, retired Sgt. 1st Class Kyle Smoke and retired Lt. Col. Jennifer McIntyre, have initiated a class-action lawsuit against the U.S. Army, challenging the classification of burn pit-related illnesses as non-combat-related. Filed on October 15, 2024, in Washington, D.C., the lawsuit aims to secure tax-free medical retirement benefits for veterans suffering from conditions linked to toxic burn pit exposure. Smoke suffers from debilitating asthma, while McIntyre has metastatic breast cancer, both recognized by the Department of Veterans Affairs as related to burn pit exposure. The plaintiffs argue that the Army’s refusal contradicts the PACT Act, which designates certain illnesses as presumptively service-connected. Esther Leibfarth, Senior Managing Attorney at the National Veterans Legal Services Program, stated: “The Army’s Physical Evaluation Board has a systemic practice of denying combat-related status for medical retirement.” The outcome of this lawsuit could significantly impact veterans’ benefits, potentially affecting thousands exposed to burn pits.
Veterans challenge burn pit classification
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