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Camp Lejeune Water Settlement and the Camp Lejeune Justice Act of 2022

Camp Lejeune Water Settlement and Veterans Affairs Disability Benefits Working for Camp Lejeune Victims Since 2009. Veterans and their families exposed to contaminated drinking water at Camp Lejeune between 1953 and 1987 may qualify for compensation. Veterans of Marine Corps Base Camp Lejeune or Marine Corps Air Station (MCAS) New River are entitled to presumptive […]

Camp Lejeune Lawsuit

Camp Lejeune Water Settlement for Water Contamination

Camp Lejeune Water Settlement and Veterans Affairs Disability Benefits

Working for Camp Lejeune Victims Since 2009.

Veterans and their families exposed to contaminated drinking water at Camp Lejeune between 1953 and 1987 may qualify for compensation.

Veterans of Marine Corps Base Camp Lejeune or Marine Corps Air Station (MCAS) New River are entitled to presumptive service connection for certain disabilities. This means that those veterans need not prove that their disabilities were caused by drinking the contaminated water at Camp Lejeune.

The 15 serious health conditions specified by the VA are:

  • Bladder cancer
  • Breast cancer
  • Esophageal cancer
  • Female infertility
  • Hepatic steatosis
  • Kidney cancer
  • Leukemia
  • Lung cancer
  • Miscarriage
  • Multiple myeloma
  • Myelodysplastic syndromes
  • Neurobehavioral effects
  • Non-Hodgkin’s lymphoma
  • Renal toxicity
  • Scleroderma

Camp Lejeune opened in 1942. Since then, millions of service members and their loved ones drank the water, bathed in the water. In 1982, it was revealed that some of that water contained toxic levels of contaminants:

  • Tricholorethylene (TCE) – a volatile organic compound (VOC) used as a cleaning agent
  • Perchloroethylene(PCE) – a colorless liquid, used in cleaning
  • Benzene – used to make plastics and other synthetic fibers.
  • Vinyl Chloride – used to make polyvinyl chloride (PVC), a component of many plastic products.

In 1987, facing pressure from numerous veterans groups, the Marines finally shut down the polluted treatment plants at Camp Lejeune.

In January 2017, the Veterans Administration published new presumptive rules, making it easier for veterans who suffer from specific diseases associated with the contaminated water to access benefits. In 2022, the VA lists 8 conditions as presumptive:

  • Adult leukemia
  • Aplastic anemia and other myelodysplastic syndromes
  • Bladder cancer
  • Kidney cancer
  • Liver cancer
  • Multiple myeloma
  • Non-Hodgkin’s lymphoma
  • Parkinson’s disease

Under these rules, the VA may presume a link between a specific injury and in-service exposure to the contaminated water. A veteran who does not qualify for presumption of in-service exposure may still obtain disability benefits, but the claim must show more evidence of a connection to service.

In addition to disability compensation, veterans and their family members who lived at Camp Lejeune between 1953 and 1987 and suffer from one of 15 specified illnesses may be eligible for additional benefits:

  • Bladder cancer
  • Breast cancer
  • Esophageal cancer
  • Female infertility
  • Hepatic steatosis
  • Kidney cancer
  • Leukemia
  • Lung cancer
  • Miscarriage
  • Multiple myeloma
  • Myelodysplastic syndromes
  • Neurobehavioral effects
  • Non-Hodgkin’s lymphoma
  • Renal toxicity
  • Scleroderma

Parker Waichman has fought for Camp Lejeune veterans and their loved ones since 2010. We can help qualifying veterans understand potential compensation related to Camp Lejeune water contamination. We proudly work with veterans and their families nationwide. Contact us today to discuss your case and begin to think about a Camp Lejeune Water Lawsuit.

Who Qualifies for Presumptive Compensation for Contaminated Water at Camp Lejeune?

The Department of Veterans Affairs lists 8 medical conditions as presumptive service-connected diseases:

  • Adult leukemia
  • Aplastic anemia and other myelodysplastic syndromes
  • Bladder cancer
  • Kidney cancer
  • Liver cancer
  • Multiple myeloma
  • Non-Hodgkin’s lymphoma
  • Parkinson’s disease

Under normal circumstances, a veteran seeking VA disability compensation must show three things:

  1. a current disability
  2. an in-service injury or illness
  3. a link between that in-service injury or illness and the current disability.

Under the special VA rules for Camp Lejeune, veterans who served at Camp Lejeune for at least 30 days between 1953 and 1987 do not need to prove an in-service injury or illness as they would for other claims. The injury is presumed.

Who Can File a Disability Claim Under The Veterans Affairs’ Camp Lejeune Water Contamination Rules?

Any veterans who believe that they qualify for Camp Lejeune water contamination VA benefits have the option of undergoing a medical examination. Either their own doctors or a VA Medical Center can conduct an examination to determine whether they suffer from a presumptive condition.

A veteran who served at Camp Lejeune for at least 30 days between August 1, 1953, and December 31, 1987, with medical evidence of one of the eight presumptive conditions, can file a claim.

A veteran with a VA Ratings Decision denying a claim can appeal that decision.

Can Families File for Camp Lejeune Water Contamination Health Benefits? 

The Camp Lejeune Families Act of 2012 provides health benefits to veterans and their family members. The 2012 measure authorizes the VA to provide health care for veterans, or reimburse family costs, If the veteran served at least 30 days at Camp Lejeune between January 1, 1953, and December 31, 1987. The VA will provide free VA health care to veterans, or reimburse family, for the treatment of 15 qualifying health conditions:

  • Bladder cancer
  • Breast cancer
  • Esophageal cancer
  • Female infertility
  • Hepatic steatosis
  • Kidney cancer
  • Leukemia
  • Lung cancer
  • Miscarriage
  • Multiple myeloma
  • Myelodysplastic syndromes
  • Neurobehavioral effects
  • Non-Hodgkin’s lymphoma
  • Renal toxicity
  • Scleroderma

Which Disabilities Are Eligible for Camp Lejeune Veterans Compensation?

As a general matter, VA disability compensation requires a showing of

  1. a current disability
  2. an in-service injury or illness
  3. a link between the in-service injury or illness and the current disability.

Under the special rule that allows presumptive service connection for compensation related to the Camp Lejeune water contamination, the VA presumes that the following disabilities are related:

  • Adult leukemia
  • Aplastic anemia and other myelodysplastic syndromes
  • Bladder cancer
  • Kidney cancer
  • Liver cancer
  • Multiple myeloma
  • Non-Hodgkin’s lymphoma
  • Parkinson’s disease

What If My Disability is Not on the List?

A veteran who has a current disability that is not on this list may still receive VA disability compensation for it, but will have to make a claim and submit evidence that the disability is probably related to the veteran’s service or exposure to contaminated water at Camp Lejeune.

This is a common situation, as many Camp Lejeune veterans have other forms of cancer. If those veterans can provide medical evidence that the illness is at least as likely as not caused by or worsened by the contaminated water, they may be entitled to VA disability compensation.

How Much Can I get for a Camp Lejeune Water Contamination Disability Claim?

Disability benefits generally depend on the specific disability and its impact on a veteran’s earning capacity.  For most active, symptomatic cancers, veterans will receive a 100 percent rating during treatment. For asymptomatic conditions, a veteran may receive a 0 percent disability rating.

How Can a Lawyer Help Me with My Camp Lejeune Contaminated Water Case?

At Parker Waichman, our Camp Lejeune Attorneys have fought since 2010 to change the laws that prevent veterans from suing the government over serious injuries caused by water contamination at Camp Lejeune.

The VA has agreed that veterans deserve disability compensation for exposure to contaminated water at Camp Lejeune, but their rules are narrow and benefits are limited. In March 2022, the US House of Representatives passed a bill that would waive government immunity and allow veterans to seek the justice they deserve.

At Parker Waichman, we have decades of experience fighting for justice for victims. If you served at Camp Lejeune between January 1, 1953 and August 31, 1987 and are suffering from exposure to contaminated water there, please contact us today to discuss your case and begin to think seriously about a Camp Lejeune Water Lawsuit.

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