The Storm Inside — Undeniable Evidence: Clean Medicine. Dirty Politics

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Texas Army veteran back in court over state’s appeal of $2.5M jury verdict for firing over burn pit exposure

Le Roy Torres looks at the two uniforms that defined his adult life — his final dress uniform from 23 years in the Army and Army Reserve, from which he medically retired as a captain, and the final uniform that he wore during his 14 years as a Texas state trooper, at his home in Robstown, Texas, on Oct. 3, 2019. (Rose L. Thayer/Stars and Stripes) AUSTIN, Texas — An appeals court will hear oral arguments Thursday after Texas appealed a jury’s decision to award an Army Reserve veteran $2.49 million for being wrongfully forced out of his job as a state trooper because of his war-related illnesses. Retired Capt. Le Roy Torres’ legal battle against the Texas Department of Public Safety began in 2017 in Nueces County court, went all the way to the Supreme Court and back before jurors were able to reach their verdict in September 2023.

The state appealed the decision soon after, and the three judges on the 15th Court of Appeals in Austin will hear arguments on the case Thursday afternoon. Torres said in his lawsuit that he returned from a deployment to Iraq in 2007 and began to have breathing problems connected to his time overseas, and he was forced out of his job as a state trooper — a violation of the Uniformed Services Employment and Reemployment Rights Act of 1994, which protects civilian employment of service members. While deployed to Camp Anaconda in Balad, his unit lived within a mile of a 10-acre burn pit where toxic fumes wafted through the air.

Everything no longer needed was burned in the massive pit, including medical waste, aircraft engines, computers and tires — a common practice for the military at the time. Even before leaving Iraq, Torres said he began to have severe headaches. Once home, he began having chest pains and other symptoms. He has since been diagnosed with terminal lung disease, toxic brain injury and autoimmune issues. Torres argued that his request for reasonable accommodation for his service-related illness was not met, and he was instead forced out of the state police force. Because his case involves state requirements to follow USERRA, the federal law designed to protect the civilian employment of service members, the final outcome could have implications for veterans’ employment protections across the country, according to Torres’ legal brief filed in the appeals case. “This case represents every service member who has been told their sacrifice didn’t matter,” Torres said in a statement. “We carry the voices of those who can no longer fight for themselves — and we won’t stop until justice is served.” Regardless of the legal outcome, Torres has already been a pivotal player in gaining benefits and recognition of their illnesses for millions of post-9/11 veterans who were exposed to toxic hazards during the wars of Iraq and Afghanistan.

He co-founded the organization Burn Pits 360, which fought for years to secure passage of the the Sgt. 1st Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics Act of 2022, or PACT Act. The law added dozens of health conditions to the list of those presumed to be caused by toxic exposure and opened VA benefits to millions of veterans. The VA said it’s the largest expansion of health care and benefits in its history. The hearing begins at 1:30 p.m. in Austin with a live broadcast through the court’s YouTube channel. “This is more than a legal case — it’s about justice for thousands of veterans who came home sick from their service and were met with indifference,” said Rosie Torres, Le Roy’s wife and executive director and co-founder of Burn Pits 360. “We invite the public, veterans and supporters to stand with us in the courtroom as we continue the fight to protect those who protected us.

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Rose L. Thayer is based in Austin, Texas, and she has been covering the western region of the continental U.S. for Stars and Stripes since 2018. Before that she was a reporter for Killeen Daily Herald and a freelance journalist for publications including The Alcalde, Texas Highways and the Austin American-Statesman. She is the spouse of an Army veteran and a graduate of the University of Texas at Austin with a degree in journalism. Her awards include a 2021 Society of Professional Journalists Washington Dateline Award and an Honorable Mention from the Military Reporters and Editors Association for her coverage of crime at Fort Hood. PREVIOUS COVERAGE Army vet forced to quit as cop because of burn pit illness wins nearly $2.5M in lawsuit Subscribe to Stars and Stripes.

Read more at: https://www.stripes.com/veterans/2025-11-20/appeals-court-army-veteran-lost-job-19831461.htmlSource - Stars and Stripes

By ROSE L. THAYER STARS AND STRIPES • November 20, 2025

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