03/12/2026
In the settlement, the Army agreed to issue a new internal policy defining open-air burn pits located in combat zones as “instrumentalities of war” under 26 U.S.C. § 104(b)(3)(B) for purposes of Army disability determinations. The Army has posted the revised policy on its website.
National Veterans Legal Services Program - NVLSP and Sidley Austin LLP (Official) Settle Class Action Lawsuit with U.S. Army Designating Burn Pits as “Instrumentalities of War” for Medical Retirement Combat-Related Findings https://nvlsp.org/nvlsp-and-sidley-settle-class-action-lawsuit-with-u-s-army-designating-burn-pits-as-instrumentalities-of-war-for-medical-retirement-combat-related-findings/