Filing a DBA Claim for Respiratory Injuries: What Qualifies and How to Prove It

Civilian contractors who serve the United States government overseas often endure harsh and toxic environmental conditions. Many of these contractors, including those returning home to San Diego, develop severe respiratory illnesses like chronic obstructive pulmonary disease (COPD), reactive airways disease, or chronic asthma after prolonged exposure to burn pits, dust, and toxic fumes. The legal path to obtaining benefits for these illnesses is through the Defense Base Act (DBA).

Filing a DBA claim for a respiratory injury is complex because the illness often develops over time. It is considered an “occupational disease,” not a sudden injury. Our DBA attorneys aim to clarify what qualifies under the DBA and explain the crucial steps you must take to prove your respiratory condition is directly linked to your service overseas.

What Makes a Respiratory Illness a Qualifying DBA Injury?

The Defense Base Act (DBA) is a federal workers’ compensation law that covers civilian employees working outside the United States under a U.S. government contract. The law extends the benefits of the Longshore and Harbor Workers’ Compensation Act (LHWCA).

For a respiratory illness to qualify, it must be considered an occupational disease that arose out of and in the course of your employment.

Covered Employment

To be covered, you must have been working for a private employer on a U.S. military base, under a public works contract, or performing services for the U.S. Armed Forces or an agency like the State Department outside of the United States. These eligibility requirements are also extended to include third-country nationals and host-country nationals, not just U.S. citizens.

Occupational Disease vs. Traumatic Injury

The DBA distinguishes between two types of injuries:

• Traumatic Injury: An injury resulting from a sudden event, like a fall or an explosion
• Occupational Disease: An illness that develops over time due to repeated exposure to harmful substances or conditions found in the workplace. Respiratory illnesses caused by exposure to toxic smoke, chemicals, or dust are classic examples of occupational diseases

Exposure to burn pits in Iraq, Afghanistan, and other theaters is one of the most common causes of respiratory claims we see.

Proving the Link: The Critical Steps for an Occupational Disease Claim

Insurance carriers frequently deny respiratory claims, arguing that the illness is due to factors like smoking, genetics, or exposure outside the workplace. To succeed, you must build a strong legal and medical case that formally connects the illness to your employment.

The Section 20(a) Presumption

The Defense Base Act includes a critical advantage for injured workers known as the Section 20(a) Presumption of Compensability. This rule states that if you establish two basic facts, the law presumes your respiratory illness is related to your employment. The burden of proof then shifts to the insurance carrier to prove, using substantial evidence, that the condition is not work-related.

To trigger the presumption, you must show:

• You were a covered employee under the DBA
• You sustained a respiratory condition or were diagnosed with an illness during the period of your covered employment

Medical Evidence and Documentation

Triggering the presumption is only the first step. To ensure a favorable outcome, your claim requires meticulous medical evidence.

• Diagnosis from a Specialist: You need a formal diagnosis from a specialist, such as a pulmonologist (lung doctor), in the San Diego area. The diagnosis must clearly define the condition, whether it is asthma, chronic bronchitis, or COPD
• Medical Nexus Opinion: This is the most vital piece of evidence. You need the doctor to provide a written opinion, often called a “medical nexus,” that states the condition is more likely than not caused or aggravated by your overseas work conditions, such as burn pit smoke, dust, or toxic exposure
• Detailed Exposure Records: Gather any available evidence proving you were exposed to the hazard. This evidence includes affidavits from coworkers, daily logbooks, records showing the base or camp where you worked, and safety reports detailing air quality

Time Limits: Understanding the Statute of Limitations

The deadline for filing an occupational disease claim is different from a traumatic injury claim, and this distinction is crucial to avoid having your claim barred.

• Traumatic Injury: The Statute of Limitations is generally one year from the date of the injury
• Occupational Disease: The Statute of Limitations is generally two years from the date you first become aware of the relationship between your illness and your overseas employment

Since respiratory illnesses can develop years after your service ends, the two-year clock starts only when you first receive medical advice that connects your respiratory disability to your work environment. Because the insurance company will argue you should have been aware earlier, seeking specialized legal advice is critical to protecting your deadline.

Benefits Available for Respiratory Injuries

A successful DBA claim provides significant benefits intended to support your long-term health and financial stability.

• Medical Care: You are entitled to the full payment of all reasonable and necessary medical treatment for your respiratory condition, including prescriptions, specialist visits, pulmonary rehabilitation, and medical equipment
• Disability Compensation: If your respiratory injury prevents you from returning to your former job or limits your ability to work, you may be entitled to temporary or permanent disability payments. These wage replacement benefits are typically paid at two-thirds of your average weekly wage
• Vocational Rehabilitation: The program provides services to help you return to gainful employment, potentially retraining you for a new field if your lung function prevents you from doing your previous job

How We Can Help You Succeed

Filing a DBA claim for a respiratory illness involves challenging a well-funded insurance carrier that specializes in denial. They will hire their own doctors to minimize or deny the connection between your work and your illness.

Our personal injury attorneys understand the specific legal and medical requirements unique to these occupational disease claims. Our legal team will work to trigger the Section 20(a) presumption, gather the necessary medical nexus evidence from doctors in the San Diego area, and aggressively represent your interests before the Department of Labor. We provide personalized representation and leverage decades of experience to ensure your rights are protected.

If you are a civilian contractor living near San Diego who has been diagnosed with a respiratory illness after working overseas, contact us right away. We fight for the compensation you deserve, helping you focus on your health while we handle the legal battle. Call the Benner Law Firm at (619) 941-0456 to schedule a free strategy session.