A landmark ruling by the Veterans’ Entitlements Appeal Board has determined that a veteran’s brain cancer must be treated as service-related, linking the illness to exposure to carcinogenic “burn pits” during a deployment to Somalia. The decision marks a significant shift in how New Zealand recognizes the long-term health impacts of hazardous waste disposal in conflict zones.
Open burn pits—massive, unregulated fires used to dispose of everything from plastics and chemicals to human waste and munitions—were common in various military operations where infrastructure was lacking. While the United States has long maintained a list of “presumptive” conditions linked to these pits, New Zealand has historically required veterans to prove a direct causal link for each individual case, a process often described as grueling and prohibitive.
This ruling provides the first successful precedent in New Zealand for a cancer claim tied to burn pit exposure, potentially opening the door for hundreds of other personnel who served in high-risk environments across the Middle East and the Pacific.
The Human Cost of ‘Smog’ and Smoke
For many veterans, the memory of burn pits is not just a legal point, but a sensory one. Bob Pearce, a New Zealand Army veteran deployed to Iraq in 2017 to train soldiers fighting Isis, describes a constant, oppressive atmosphere of toxicity.
“The clouds of burning smoke would be all across the camp,” Pearce said. “It was kind of a fairly constant smell and sight and aroma across the camp.”
According to data from the U.S. Department of Veterans Affairs, these pits often consumed a volatile mix of paint, petrol and electronics. Since returning home, Pearce has struggled with deteriorating respiratory and throat issues. He reports labored breathing, a permanently altered voice, and chronic sinus congestion.
At 56, Pearce’s concerns are rooted in the fear of future decline. “If this isn’t something that’s recognised by the government or veterans affairs, and if my respiratory condition deteriorates over time then I might not be able to get any help for it,” he said.
A Divergence in International Policy
The tension in these cases often stems from the difference between “presumptive” recognition and “evidence-based” assessment. In the United States, the PACT Act expanded the list of conditions—including various cancers and respiratory illnesses—that are automatically presumed to be service-connected if a veteran served in specific locations during certain timeframes.
In contrast, Veterans Affairs New Zealand has maintained a case-by-case approach. The recent brain cancer appeal took nearly two years to resolve, highlighting the difficulty veterans face when attempting to bridge the gap between clinical diagnosis and service-related proof.
| Feature | U.S. Veterans Affairs (VA) | Veterans Affairs New Zealand |
|---|---|---|
| Claim Approach | Presumptive for many conditions | Case-by-case assessment |
| Burn Pit Recognition | Broad list of presumptive cancers | Limited; requires individual proof |
| Burden of Proof | Lower for designated locations | High; requires specific causal link |
The Science of Carcinogens vs. Causality
The medical community remains divided on the precision of the link between burn pits and specific cancers. Professor Emeritus John Balmes of the University of California, an expert in environmental health sciences, notes that while the evidence for respiratory damage is strong, the link to cancer is more complex to prove scientifically.
“There’s enough concern because of the carcinogens that are contained in burn pits emissions, that the US department of veterans affairs went ahead and listed a number of cancers as likely to be caused by burn pit emissions,” Balmes said.
Alex Brunt, Head of Veterans Affairs New Zealand, emphasized that the recent brain cancer decision was based on the specific circumstances of that individual’s case. Brunt stated there is still no broadly established causal link between burn pit exposure and the condition across the general veteran population, and that the agency will continue to rely on an evidence-based framework as international research evolves.
Broader Implications for NZDF Personnel
The ruling is seen as a catalyst by veteran advocates. Teresa Cousins, who represented the veteran in the successful brain cancer appeal, believes the decision creates a pathway for others who served in Afghanistan, Iraq, East Timor, and Bougainville.
With over 3,500 New Zealand Defence Force (NZDF) personnel having served in Afghanistan and several hundred in Iraq, the potential for new claims is significant. Advocates argue that the “terrible” conditions documented in U.S. Data should serve as a baseline for New Zealand’s assessments.
For veterans currently experiencing unexplained respiratory or oncological issues, the focus now shifts to gathering deployment records and medical evidence to meet the “individual merits” criteria required by Veterans Affairs New Zealand.
Disclaimer: This article is for informational purposes only and does not constitute legal or medical advice. Veterans seeking assistance with claims should contact a qualified legal representative or a registered veteran advocate.
The next phase of this development will likely involve a series of new filings at the Veterans’ Entitlements Appeal Board as other veterans attempt to apply the Somalia precedent to their own health claims. Veterans Affairs New Zealand has not announced any scheduled policy reviews regarding presumptive conditions at this time.
Do you or a loved one have experience with service-related health claims? Share your thoughts or join the conversation in the comments below.
