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Veteran fights VA over exposure to burn pits

Iraq veteran Tim Wymore spends most of what he believes are hislast days worried about what will become of his family.

He has three lesions on his brain, another on his eye. Hesuffers from a blood disorder, a damaged esophagus and abdominalproblems that led to the removal of most of his colon. He canbarely stand, and then only with the aid of a cane.

Wymore, of St. Charles, is one of several hundred veteransacross the country who have filed lawsuits contending thatdangerous toxins from open-air burn pits operated on U.S. militaryinstallations in Iraq and Afghanistan made them sick. Last week afederal judge ruled the case could proceed.

The Department of Veterans Affairs acknowledges that Wymore’shealth problems are war-related.

But the VA believes his condition may improve. Because of that,the VA has yet to declare Wymore permanently disabled. As a result,his family is not eligible for many benefits. Those include medicalinsurance for his wife and college costs for their three sons.Also, Wymore worries that should he die, the VA will not pay asurvivor’s benefit to his wife unless she can prove his death isdirectly related to his military service, a challenge he doesn’twant to put her through.

“I took the oath and did what was asked of me,” he said. “Now, Ifeel it’s time for the military to do their part. I’m tired offighting them.”

Wymore’s wife, Shanna, quit her job to care for him full time.For now, the couple survive on his Social Security and militarydisability payments and the charity of others. The lawsuit is noguarantee of a financial payoff.

The VA has told the couple they will review Wymore’s disabilityrating in 2012 to see whether his condition has improved. Thecouple fear that could be too late.

“We’ve gone so far downhill so fast I don’t want to see whatanother six months will look like,” Shanna Wymore said.

OFF TO IRAQ

Tim Wymore grew up in Arnold, graduated from Fox High School,then served three years’ active duty with the Air Force. He metShanna while home on leave between basic training and his firstduty station. They married two weeks later and have been together25 years.

After active duty, Wymore joined the Missouri Air NationalGuard. He served with the 131st Fighter Wing at Lambert-St. LouisInternational Airport driving trucks and forklifts, and offloadingplanes.

In civilian life, Wymore made good pay as a tool and die maker.Shanna, 43, sold industrial tools and supplies, and worked parttime at a convenience store and as a real estate agent.

The couple worked hard and were on track to retire at age50.

Wymore was surprised he was sent to Iraq; only five members ofhis unit deployed. He was stationed at Balad, one of the largestAmerican military bases. Each week, he made several trips to thebase burn pit, often driving his truck to the edge to unloadanything he’d been ordered to dispose of – from tents to trash toair conditioners. Five football fields long and 300 feet deep, thepit spewed thick black smoke continuously.

“They didn’t even give us paper masks,” Wymore recalled.

Fumes lingered over the sprawling base. Wymore said he inhaledthem in his trailer at night.

“You’d wake up to that taste in your mouth,” he said.

Even now, he sits in the shower in the morning with his mouthopen to rid himself of the bitter, metallic taste.

During his six-month tour, Wymore complained of headaches,stomachaches and trouble breathing. “Everybody got the samemedicine,” he said. “800 milligrams of ibuprofen.”

Wymore said he knew at the time he probably was sacrificing hishealth. When he left Iraq in 2005, he demanded that his burn pitexposure be included in his medical records.

“I was worried,” he said. “I knew down the road something wasgoing to happen, but not this soon.”

Back home, his health declined. He required emergency surgery toremove an infection in his stomach, battled pneumonia and was inand out of the hospital. He began blacking out at work andeventually could no longer do the job.

About a year and a half ago the couple turned to the VA forhelp. Doctors determined he suffered from post-traumatic stress,but had no answers about his physical problems. They ordered moretests. Still, no one could provide a definitive diagnosis.

Unknown to the Wymores, other veterans across the country werecoming forward to complain of similar health problems, includingcancers, respiratory disease and skin disorders.

Eventually, the Wymores joined veterans or their survivors in 42states in filing lawsuits against Kellogg Brown & Root, themilitary contractor that operated many of the burn pits.

On Thursday, a federal judge in Maryland, where the lawsuitshave been consolidated, ruled the case could go forward despiteKBR’s contention it was following the military’s orders and bore nolegal burden. The lawsuit contends the pits contained a poisonousmixture of plastics, metals, paints, solvents, medical waste andother products that caused severe illness.

Jon Gelman, a New Jersey attorney representing some of thesoldiers, said he believed as many as 30,000 to 40,000 veteransmight have been affected by the burn pits.

“It is going to have a devastating impact on our medical systemto treat these soldiers. They start out as mystery illnesses andthen blossom into conditions, just like Agent Orange,” Gelman said,referring to the herbicide that sickened many Vietnam veterans. “Wehave a real tragedy ongoing.”

As far back as 2006, an Air Force study warned that the size andproximity of Balad’s burn pit to soldiers’ quarters made it “anacute health hazard.”

Since then, the Department of Defense has ordered a review ofthe burn pits and Congress has passed legislation limiting theiruse. Many are being replaced with incinerators that are moreexpensive to operate. The Balad burn pit was extinguished late lastyear, more than four years after Tim Wymore first complained.

Earlier this year, the VA notified its employees that burn pitsshould be considered as potential health risks in veterans’ claims.The VA also is paying the National Academy of Science’s Instituteof Medicine to conduct a study on the long-term health effects fromburn pit exposure. The study is to be completed in May.

A HOSTILE SYSTEM

The Wymores continue to fight the VA over benefits and Tim’smedical care.

In August, Rep. Todd Akin, R-Town and Country, wrote a complaintletter to VA Secretary Eric Shinseki.

“For nearly a year, as her husband’s health continued todeteriorate, (Shanna) has fought an indifferent and sometimeshostile veterans medical system that has made giving her therunaround an art form,” Akin wrote.

The VA said in a statement Friday that it was continuing toreview the case.

Tim Wymore used to love to ride his Harley Davidson motorcycle.Now he passes the time sleeping and watching television. Sports,mostly. He wishes the Cardinals were playing better. He’s heavilymedicated, and his eyes often remain closed during conversations.Occasionally, he coughs.

“Some really gunky stuff,” he said.

On Thursday, workers installed a stairway lift in the couple’shome, eliminating a daily struggle that left both Tim and Shannabreathless.

The couple once looked forward to an active retirement,traveling and playing softball with their sons, Tim, 24, Ben, 21,and Cody, 18. Now they are almost broke.

Shanna lost her insurance and now forgoes the monthly $500prescription to treat her Lyme disease. Their house is about to beforeclosed on.

“This is the life I live. I’m losing everything,” Shanna said.But she isn’t going down without a fight.

In the dining room, her stacks of paper sit on the table andspread across the floor. Two open suitcases are jammed with moredocuments. She’s determined to learn as much as she can about whatis killing her husband. She would like to see experts broughttogether and a hospital established to treat burn pit victims. Shewants to pass on everything she’s discovered.

“I’m not going to stop,” she said, her eyes filling with tears.”I’m afraid if I stop, he’ll give up. There’s got to be ananswer.”

Veteran fights VA over exposure to burn pits

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