Veteran Suing Military Contractor, Seeks Increase in VA Benefits

St. Charles, MOSometimes you don't need to take a bullet or shrapnel to be in need of VA benefits. In the case of Tim Wymore, being in the line of fire in Iraq and Afghanistan had nothing to do with munitions, guns, land mines or other explosive devices. For Wymore, it was being within close proximity to open-air burn pits that were operated on US military installations.

Wymore, a young veteran at 44, suffers from three lesions on his brain and another on his eye. According to the 9/12/10 edition of the St. Louis Post-Dispatch, the St. Charles resident suffers from a blood disorder, a damaged esophagus and abdominal problems that precluded the removal of his colon.

The husband and father, even at his fairly young age, can barely stand and can only walk with the aid of a cane.

It is true that he receives VA disability benefits. He also relies on Social Security and the generosity of others. However, it's hard on his wife too. Shanna has had to quit her job in order to care for her husband full time. It's had an effect on her career, not to mention household income.

But Wymore, and several others think that the US government and the Department of Veteran's Affairs could be dong more for them. For one thing, the VA has yet to declare Wymore permanently disabled—even in the face of acknowledging that Wymore's health problems are war-related. Given that Wymore's disability is not considered permanent by the VA, Wymore is denied a basket of benefits that would come with such a designation.

Included in that void of disabled veterans benefits is medical coverage for Wymore's spouse and their three sons, as well as the potential for college tuition.

Wymore, together with several hundred veterans from across the US, have filed lawsuits against Kellogg Brown & Root, a military contractor that operated many of the burn pits. The plaintiffs allege that dangerous toxins escaping from open-air burn pits have made them sick, and they are seeking compensation.

"I took the oath and did what was asked of me," Wymore told the Post-Dispatch. "Now, I feel it's time for the military to do their part. I'm tired of fighting them."

Earlier this month a federal judge ruled that the case could proceed.

The latest stance from the VA in the Wymore case is the commitment of a review of his disability rating in 2012. However Wymore is worried he may not be around to see it. What's more, he is concerned that his wife will be put in a position to prove that his death—should it happen—had been directly related to his military service. He would rather not put her through such a challenge; just to ensure a survivor's benefit that would go a long way toward the continued viability of his family once Wymore passes on.

"We've gone so far downhill so fast I don't want to see what another six months will look like," Shanna Wymore said, in the darkest days of their VA disability crisis.