For over 30 years, people were affected by toxic waste in the drinking water in Camp Lejeune. The families and workers at the base in Jacksonville, North Carolina unwittingly drank, cooked with, and bathed in the tainted water.
If you lived, worked, or served on this base between August 1953 -December 1987, you may have been exposed to harmful contaminants that result in a number of serious health conditions. It is critical to understand your rights to collect benefits and to know that a previous denial or dismissal of your claims no longer applies.
Learn more about Camp Lejeune VA Health and Disability Benefits, and how you may be eligible to pursue financial compensation for damages related to water contamination at Camp Lejeune.
What Was in the Water at Camp Lejeune?
The contaminated water issue existed for decades on the military base in North Carolina, however, the full extent of the problem was not discovered until 1982. Volatile organic compounds were found in the water system by the Marine Corps at that time, but they failed to shut down the contaminated wells until three years later, in 1985.
They found that these pollutants had been leaking into the aquifers and wells for decades. These toxic substances and carcinogens included:
- Tetrachloroethylene (PCE)
- Trichloroethylene (TCE)
- Vinyl Chloride
- Benzene
Since 1953, the people who lived and worked in the area were exposed to toxic chemicals through polluted groundwater. It tainted the only source of potable water available to the base as it coursed through the plumbing and poured from the taps in their homes.
Investigators would later discover that the chemicals had come from leaking underground storage tanks on the base, industrial spills, waste disposal sites in the area, and a dry cleaning company off base that had dumped waste into the water.
Who Can Be Eligible for Camp Lejeune VA Health and Disability Benefits?
The eligibility requirements to qualify for benefits apply to Marines, National Guard Members, Reservists, and any dependents or family members that lived on base for a cumulative period of 30 days from August 1953- December 1987. All areas of the base and Marine Corps Air Station are included.
Eligible Veterans under the Camp Lejeune act of 2012 can enroll for healthcare and treatment with VA medical services at no cost. There are 15 presumptive health conditions and eight disability conditions eligible for free medical treatment.
You can apply for VA health care and disability benefits related to Camp Lejeune contaminated water by calling 1-877-222-8387 or applying online at www.va.gov/health.
Did The VA Deny Health & Disability Benefits on Your Camp Lejeune Claim?
If the Veterans Administration denied your Camp Lejeune benefits claim, you are not alone. There can be many obstacles to overcome when trying to collect the benefits you deserve from the VA, and enlisting the aid of an attorney can help.
Under the PACT Act of 2022, families and individuals affected by Camp Lejeune water will have the legal right to pursue action against the government for the damages suffered as a result of their exposure to the contaminated tap water. Dozens of families had filed previously and had their cases dismissed in 2012.
This passage of this act into law will allow anyone to file suit, regardless of whether or not they previously filed claims. If you are suffering from illness or any medical condition after your exposure to these toxic chemicals, don’t let a denied claim or dismissed case deter you from pursuing the benefits and compensation you need.
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Getting VA Health and Disability Benefits for Camp Lejeune Water Related Conditions
The government didn’t acknowledge the problem for decades and did not provide benefits to care for the thousands of veterans and other people harmed until 2012. Many of those people had to wait until 2017 for congress to mandate presumptive benefits – meaning they no longer had to prove the connection between their disease and Camp Lejeune.
There are only eight conditions that currently qualify for those presumptive benefits. This means that you would not have to prove the connection of your condition to the water in order to collect if you are suffering from any of these eight:
- Adult Leukemia
- Aplastic Anemia And Other Myelodysplastic Syndromes
- Bladder Cancer
- Kidney Cancer
- Liver Cancer
- Multiple Myeloma
- Non-Hodgkin’s Lymphoma
- Parkinson’s Disease
Additionally, the presumptive list is under constant consideration and may be modified to include more conditions as time goes on. The list for Agent Orange presumptive conditions began small and was increased substantially over time with further advocacy.
If I Have Another Service-Related Illness Due to the Contaminated Water, Do I Still Qualify for VA Benefits?
Many people mistakenly conclude that if their condition is not on this list, they aren’t eligible for benefits or disability from the VA. Other conditions have been connected to the contamination but you must prove your case to VA and may need to appeal their decision several times.
You may qualify for VA health and disability benefits if your condition isn’t on the presumptive list for Camp Lejeune water.
Further conditions associated with exposure to the toxic water at Camp Lejeune include:
- Miscarriage
- Leukemia
- Renal toxicity
- Myelodysplastic syndromes
- Esophageal cancer
- Kidney cancer
- Bladder cancer
- Breast cancer
- Scleroderma
- Hepatic steatosis
- Lung cancer
- Multiple myeloma
- Non-Hodgkin’s lymphoma
- Female infertility
- Neurobehavioral effects
Under current VA rules, further proof of service connection to the illness must be provided in the form of independent medical opinions, buddy statements, medical records, and more.
While the process is somewhat different to obtain Camp Lejeune VA Health and Disability Benefits for these conditions, you should not hesitate to apply. If you have been rejected or the benefits are not enough, you may be able to pursue compensation through legal means with the help of a lawyer.
How Can a Family Member Apply for Camp Lejeune VA Health and Disability Benefits?
If your dependents or spouse lived at Camp Lejeune during the specified time frame, they are eligible to be reimbursed for expenses incurred as a result of suffering from one of the 15 qualifying health conditions. The Covered health conditions include:
- Esophageal cancer
- Hepatic steatosis
- Kidney cancer
- Renal toxicity
- Lung cancer
- Breast cancer
- Scleroderma
- Miscarriage
- Leukemia
- Multiple myeloma
- Neurobehavioral effects
- Non-Hodgkin’s lymphoma
- Female infertility
- Myelodysplastic syndromes
Dependent family members can provide documentation of their relationship to the veteran, proof of residency on the base such as a housing record or bills, and proof of the medical expenses you incurred. You can call 1-866-372-1144 or apply at www.clfamilymembers.fsc.va.gov.
Veterans and dependents who lived on the base between January 1, 1957- December 31, 1987, may be reimbursed for the medical care received from August 6, 2012, and on. Those who lived at Camp Lejeune between the dates of August 1, 1953 – December 31, 1956, can submit claims for medical costs incurred on or after the date of December 16, 2014.
What does the New Law Mean to Veterans And Others Affected By Camp Lejeune?
The passage of a new law will allow those affected to pursue a case in U.S. federal court. This is important because so many veterans and their family members have had their claims denied or delayed. Dealing with this unnecessary red tape and delayed action on the part of the government has caused further harm to the victims.
Instead of being barred from suing the government as military veterans once were, they are now allowed to file a lawsuit to seek compensation for all of the damages they suffered. While many have been granted VA health and disability benefits in connection with Camp Lejeune, the true cost of their suffering has not been addressed.
Will Filing a Lawsuit Affect My Current VA Disability Compensation or Benefits?
If you currently receive disability or health benefits from the VA, your payments should remain the same. If you participate in a lawsuit, your Camp Lejeune water toxicity settlement amount can be offset by the payments you have already received.
How Long do I Have to File for Camp Lejeune VA Health and Disability Benefits?
You can file for benefits at any time and there is no time limit in place currently. You may also apply to be reimbursed for medical expenses incurred up to 2 years before your approval.
What Are the Damages I Could Recover in a Lawsuit?
Now, those who choose to file legal actions may be able to pursue compensation for non-economic costs as well as the cost of injuries. This has been a very long fight for the Marines and their families, however, they are now legally able to seek compensation for damages such as:
Pain and Suffering
The pain of your condition, the pain involved in the treatment, the length of time it takes to treat, and the potential for a full recovery from the ailment can be addressed with financial compensation.
Disfigurement or Impairment
Losing your hearing, sight, or suffering a physical impairment that prevents you from enjoying the hobbies and activities you enjoy is a factor that can be considered.
If you can no longer do and enjoy the activities you once loved, this should be factored into your non-economic losses.
Mental Anguish, Psychological Costs
Being diagnosed with serious and terminal illnesses can be traumatic. When you suffer a catastrophic event in your life, your mental health will be impacted. PTSD, depression, anxiety, loss of sleep, and intense fear can have a profound effect on the way you live. The mental anguish caused by your trauma should be compensated.
Loss of Companionship, Loss of Consortium
When an illness or traumatic event affects your life, you may lose the companionship, affection, and care of your loved one. Spouses involved in these cases may be awarded damages for this loss.
Who Is Eligible to Pursue Action Under the PACT Act?
Any individual who lived or worked at the base for a cumulative period of 30 days or more is eligible. This includes Veterans, Marines, Guardsmen, their families, descendants of deceased veterans, and anyone else who was exposed to Camp Lejeune’s water for at least 30 days between August 1, 1953, and December 31, 1987.
If you or a loved one were born with birth defects that you believe were caused by exposure to the Camp Lejeune water supply, you may be eligible for compensation as well.
How Can a Lawyer Help Me With Camp Lejeune VA Health and Disability Benefits?
A lawyer can gather the necessary information, military records, and medical history to construct a legal argument. This can help to build your case for a successful appeal or provide you with a legal avenue to pursue sufficient and just compensation for your damages.
A lawyer can help you gather such evidence as:
- Private medical records
- Lay statements
- Compensation & Pension exam results
- Service personnel records (i.e., establishing that you served at Camp Lejeune during the specified period)
- VA medical records
- Research information used to pass the initial legislation and establish presumptive conditions
Building a case for your compensation requires proper proof and documentation. A lawyer can review this evidence and prepare the legal argument needed to pursue the maximum VA Health and Disability Benefits for Camp Lejeune water-toxicity-related illnesses.
Contact an Attorney for Assistance With a VA Health and Disability Benefit Claim
If you need help preparing an appeal for a claim that has been denied or wish to seek the services of legal counsel to pursue legal action, the attorneys of John Foy may be able to assist you.
If you are currently being denied benefits or disability but believe your suffering is related to Camp Lejeune contaminated water, we are available to review your case. The consultation is free and there is no risk or obligation.
Act now to ensure you are properly cared for and compensated. There is a two-year statute of limitations before your right to pursue damages expires. We are here to help, contact us today.
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