A landmark ruling by New Zealand’s Veterans’ Entitlements Appeal Board has found that a veteran’s brain cancer must be treated as service-related, linking the illness to exposure to carcinogenic “burn pits” during deployment. The decision marks a significant shift in how the New Zealand government acknowledges the long-term health tolls of modern warfare, particularly for those who served in Iraq and Afghanistan.
For years, New Zealand veterans facing chronic illnesses linked to environmental toxins have found themselves in a grueling battle for recognition, often lacking the “presumptive” pathways available to their counterparts in the United States. This ruling breaks that streak, providing a legal foothold for others who suffered under the thick, chemical smog of overseas military camps.
The case centers on the hazardous practice of using open burn pits—massive, uncontrolled fires used to dispose of everything from electronics and plastics to human waste, chemicals, and munitions. In regions lacking waste infrastructure, these pits became the default solution for military operations, leaving soldiers to breathe in a cocktail of toxins for months or years at a time.
The Smog of Iraq: A Veteran’s Account
Bob Pearce, a New Zealand Army veteran, was deployed to Iraq in 2017 as part of a mission to train Iraqi soldiers in the fight against IS. He describes a landscape dominated by a perpetual, suffocating haze. According to Pearce, large burn pits were ablaze 24 hours a day, seven days a week, casting a constant shadow over the army camps.
“The clouds of burning smoke would be all across the camp,” Pearce recalled. “It was kind of a fairly constant smell and sight and aroma across the camp.”
While the brain cancer ruling is the focal point of the legal victory, Pearce’s own health has been in steady decline since his return. He reports labored breathing, a chronically sore throat, and a voice that has fundamentally changed. He also suffers from persistent sinus and nasal congestion—symptoms that mirror the respiratory distress reported by thousands of veterans globally.
For Pearce, the fight for recognition was not just about the present, but about a frightening future. At 56, he worried that without government recognition, a further deterioration of his respiratory health would leave him without the necessary medical support.
A Policy Gap Between Allies
The ruling highlights a stark discrepancy between New Zealand and the United States regarding veteran care. In the U.S., the Department of Veterans Affairs has long recognized a list of conditions—including various cancers and respiratory diseases—as “presumptive,” meaning they are automatically considered service-related if the veteran served in specific locations. This was further expanded by the 2022 PACT Act, which significantly broadened the scope of burn pit exposure claims.
In contrast, New Zealand has historically required veterans to prove a direct causal link between their service and their illness—a high evidentiary bar that often requires expensive medical experts and years of litigation. Until this ruling, no such condition had been accepted as service-related in New Zealand based on burn pit exposure.
| Feature | United States (VA) | New Zealand (VA) |
|---|---|---|
| Claim Process | Presumptive lists for many conditions | Case-by-case assessment |
| Burn Pit Recognition | Broadly recognized via PACT Act | Recently recognized in individual appeal |
| Burden of Proof | Lower for “presumptive” conditions | High; veteran must prove causation |
The Legal and Scientific Battle
The victory was secured through the efforts of veteran advocate Teresa Cousins, who represented the veteran before the Veterans’ Entitlements Appeal Board. The process was not swift; it took nearly two years for the claim to be accepted, illustrating the friction veterans often encounter when seeking help.
The scientific community remains divided on the exact causality of certain cancers, though the risks are well-documented. Professor emeritus of environmental health sciences at the University of California, John Balmes, notes that while the link to respiratory problems is strong, the direct link to specific cancers is harder to prove scientifically. However, he points out that the U.S. Government acted on the “precautionary principle” because the carcinogens present in burn pit emissions are so dangerous.
Alex Brunt, Head of Veterans Affairs New Zealand, has maintained a cautious stance. He stated that the recent decision reflected the “individual circumstances” of the case and emphasized that there is still no established general causal link between burn pit exposure and brain cancer. According to Brunt, the agency will continue to rely on an evidence-based framework, assessing each new claim on its own merits.
Broader Implications for the NZDF
While the government maintains a case-by-case approach, advocates argue that the floodgates have now opened. The precedent set by this ruling could impact thousands of former personnel. Over 3,500 New Zealand Defence Force (NZDF) personnel served in Afghanistan, and several hundred served in Iraq.
Teresa Cousins believes this decision provides a roadmap for other veterans. “This opens up the way for a lot of our people who served in Afghanistan and Iraq,” Cousins said. “It opens the way for more argument on East Timor and Bougainville.”
The core of the argument is simple: if the conditions in Iraq and Afghanistan were as hazardous as U.S. Data suggests, then New Zealand veterans who breathed the same air should not be held to a different standard of proof.
Disclaimer: This article is for informational purposes only and does not constitute legal or medical advice. Veterans seeking assistance should contact a qualified legal professional or a certified veteran advocate.
The next phase for affected veterans will be the submission of individual claims to the Veterans’ Entitlements Appeal Board, where legal teams will likely use this brain cancer ruling as a primary precedent to challenge previous denials of service-related health claims.
Do you or a family member have experience with the veterans’ appeals process? Share your thoughts or concerns in the comments below.
