Marine Corps Base Camp Lejeune, a military base in North Carolina, has a dark history of water contamination that has affected countless veterans who served there. This contamination, primarily caused by volatile organic compounds (VOCs) seeping into the groundwater, has led to severe health issues among veterans and their families. Leah will explore the origins of the background of Camp Lejeune, the toxic exposures veterans faced, and how the Department of Veterans Affairs (VA) has addressed disability claims for those affected. Understanding the VA’s presumptive conditions and eligibility criteria is crucial for veterans seeking compensation and health care benefits.
Background of Camp Lejeune Contamination
The Camp Lejeune water contamination stemmed from various sources, including nearby dry cleaning facilities and industrial waste disposal sites. VOCs such as trichloroethylene (TCE), perchloroethylene (PCE), benzene, vinyl chloride, and dichloroethylene (DCE) infiltrated the base’s water supply, exceeding Environmental Protection Agency (EPA) limits. This contamination, discovered in 1982 but likely present for years prior, remained unaddressed until the early 1980s when the wells were finally shut down.
Between 1953 and 1987, the Agency for Toxic Substances and Disease Registry (ATSDR) estimates that over one million service members, their families, and civilians were exposed to these toxic substances. The Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 plays a crucial role in addressing the contamination issue by providing healthcare benefits and compensation to veterans and their families affected by the water contamination at Camp Lejeune.
Health Effects of Exposure
The health effects of exposure to these chemicals are profound and alarming. Studies have linked TCE and PCE to various cancers, including leukemia, bladder cancer, kidney cancer, liver cancer, and non-Hodgkin’s lymphoma. Moreover, other debilitating conditions such as aplastic anemia, myelodysplastic syndromes, and Parkinson’s disease have been associated with exposure to Camp Lejeune’s contaminated water.
The Centers for Disease Control and Prevention (CDC) estimates that those living on the base may have consumed significant quantities of contaminated water daily, contributing to these serious health risks.
VA Disability Benefits and Presumptive Conditions
The VA recognizes the severity of health issues resulting from water contamination and offers VA compensation for Camp Lejeune water contamination to eligible veterans. For certain conditions, the VA follows a presumptive approach, meaning they automatically assume that the veteran’s service at Camp Lejeune caused the condition. This relieves veterans from the burden of proving a direct connection between their military service and their health issues.
In response to the severe health issues stemming from Camp Lejeune’s contaminated water, the VA has established specific presumptive conditions for veterans, reservists, and guardsmen who served at Camp Lejeune or Marine Corps Air Station (MCAS) New River in North Carolina.
For those who served at Camp Lejeune or MCAS New River between August 1, 1953, and December 31, 1987, for at least 30 cumulative days, the VA acknowledges the following 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
These presumptions are based on extensive scientific and medical research linking the toxic chemicals present in Camp Lejeune’s water supply to these specific health outcomes.
Eligibility Criteria for Presumptive Conditions
To qualify for VA disability compensation under these presumptive conditions, veterans must meet the following requirements:
- The veteran must have served at Camp Lejeune or MCAS New River for at least 30 days within the specified timeframe.
- The veteran must not have been dishonorably discharged from the military.
Meeting these criteria allows veterans to receive disability compensation for Camp Lejeune without the arduous task of proving that their health condition was directly caused by their service, thereby streamlining the claims process.
VA Health Care Benefits
Beyond disability compensation, veterans exposed to Camp Lejeune’s contaminated water may also be eligible for comprehensive VA health care benefits for certain conditions without any copay requirements. These VA benefits cover 15 specific health care costs of conditions including:
- 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
Veterans can receive necessary treatments at no cost, ensuring they have access to the medical support they need. For conditions not covered under the above specific presumptive categories, copays may apply based on the veteran’s eligibility and income.
Benefits for Camp Lejeune Families
Recognizing that family members also lived at Camp Lejeune during the contamination period, the VA extends benefits to eligible dependents. Family members who were legal dependents and lived at Camp Lejeune or MCAS New River for at least 30 days between August 1, 1953, and December 31, 1987, may qualify for reimbursement of out-of-pocket medical expenses related to the covered health conditions. This support extends to medical costs of Camp Lejeune families incurred up to two years before the application date, provided no other health plans cover those expenses.
The PACT Act and Camp Lejeune Justice Act of 2022
In 2022, the PACT Act (Honoring Our Promise to Address Comprehensive Toxics Act) significantly impacted the Camp Lejeune claims process and benefits for those affected by water contamination. Section 804, known as the Camp Lejeune Justice Act, allows veterans, survivors, and families to file for relief for harm caused by water contamination. Filing a lawsuit under the Camp Lejeune Justice Act also opened pathways for legal action independent of VA benefits, allowing affected veterans to sue for compensation.
Seeking VA Disability Benefits for Camp Lejeune Water Contamination
Veterans eligible for presumptive conditions can apply for disability compensation through the VA. However, it’s essential to gather all relevant medical records and evidence to support the claim. While presumptive conditions streamline the process, veterans with other medical conditions linked to Camp Lejeune’s contamination can still seek compensation by demonstrating a direct service connection for their health issues.
Veterans seeking a direct service connection before March 2017 or applying for conditions not on VA’s presumptive list, must establish the three elements:
- A current diagnosis of the condition by a medical provider
- Proof of Camp Lejeune toxic water exposure while on active duty
- A medical nexus opinion establishing a direct link between the condition and the contamination.
Useful documentation such as service records, VA and private medical records, C&P exam results, and lay statements can also support your claim by linking your condition to the Camp Lejeune water contamination.
If the VA approves your disability benefits, your monthly payment will vary based on your disability rating and the number of dependents you have.
For example, a veteran with a 30% disability rating and a spouse (but no children or parents) would receive $586.31 each month. A veteran rated at 50% disability who has one child (and no spouse or parents) would get $1,144.16 per month. Meanwhile, a veteran can be awarded over $4,098.87 per month in benefits with a 100% disability rating, a spouse, and one child.
Importance of Seeking Legal Advice
Navigating the VA disability claims process can be complex, especially when dealing with issues as sensitive as health conditions related to military service. Filing a claim for Camp Lejeune VA disability compensation can be done online through the VA’s eBenefits portal, by mail, or in person at a VA regional office. In addition to military service records and medical records, family members may require additional proof of residency and relationship to a veteran.
Consulting with accredited legal professionals, such as Veterans Service Officers (VSOs), claims agents, or attorneys, can provide valuable guidance and ensure veterans receive the benefits they deserve. These professionals can assist in gathering evidence, filing Camp Lejeune claims, and advocating for veterans’ rights.
Conclusion
The Camp Lejeune water contamination remains a stark reminder of the sacrifices veterans make and the lasting impact of environmental hazards on their health. The VA’s recognition of presumptive conditions related to Camp Lejeune water contamination is a crucial step in providing support and compensation to affected veterans.
However, veterans need to be aware of their rights, seek appropriate medical care, and pursue disability benefits with the assistance of knowledgeable professionals. By doing so, veterans can access the resources and support they need to cope with the health challenges stemming from their service at Camp Lejeune. their service at Camp Lejeune.
Also read: Unemployability and PTSD in Veterans Disability
At Prestige Veteran Medical Consulting, a veteran-owned company, we specialize in Independent Medical Opinions (IMOs) known as Nexus letters.
Our purpose is to empower YOU, the veteran, to take charge of your medical evidence and provide you with valuable educational tools and research to guide you on your journey.
Understanding the unique challenges veterans face, our commitment lies in delivering exceptional service and support.
Leveraging an extensive network of licensed independent medical professionals, all well-versed in the medical professional aspects of the VA claims process, we review the necessary medical evidence to incorporate in our reports related to your VA Disability Claim.
Prestige Veteran Medical Consulting is not a law firm, accredited claims agent, or affiliated with the Veterans Administration or Veterans Services Organizations. However, we are happy to discuss your case with your accredited VA legal professional.
