What Are the Rights of Those Exposed to the Toxic Chemicals at Camp Lejeune

If you lived at Camp Lejeune for at least 30 days as a result of military service or as a dependent of a military servicemember between August 1953 and December 1987 and have been diagnosed with certain types of cancer and other ailments, you have the right to seek disability benefits and medical treatment through the Department of Veterans’ Affairs (VA). You also have the right to file a lawsuit against the federal government in order to seek compensation for the financial and psychological costs of your illness.

While you are not required to hire an attorney to assist you in obtaining the benefits and compensation you need after acquiring an illness related to water contamination at Camp Lejeune, an attorney can play a vital role in ensuring your rights to these benefits. An attorney not only understands the legal process involved in filing a claim, but also has an understanding of the requirements that must be met in order to obtain assistance through the VA. Here is a look at the rights you have after being exposed to the toxic chemicals at Camp Lejeune.

Your Right to Seek Disability Benefits Through the VA

Those who served at Marine Corps Base Camp Lejeune or Marine Corps Air Station (MCAS) New River in North Carolina during the years in question were exposed to water contamination at two water treatment plants on base that provided water to family housing, the barracks, a school, administrative offices, and even the base hospital. The contamination was primarily caused by improper waste disposal practices at a dry cleaner located next to the base. Additional sources of contamination occurred as a result of leaking underground storage tanks, industrial oil spills, and insufficient waste disposal occurring on base.

Who Is Eligible?

In order to obtain disability benefits through the VA as a result of Camp Lejeune water contamination, the following must be true:

The applicant served at Camp Lejeune for at least 30 days between August 1953 and December 1987.
The applicant was not dishonorably discharged from the military.
The applicant suffers from one or more of eight presumptive conditions, including adult leukemia, aplastic anemia or other myelodysplastic syndromes, bladder cancer, kidney cancer, liver cancer, multiple myeloma, non-Hodgkin’s lymphoma, or Parkinson’s Disease.

Benefits are available for all veterans, reservists, or guardsmen who meet these criteria.

What Benefits Are Available?

VA disability benefits for veterans and service members include all medical treatment associated with treatment of the illness, as well as monthly cash benefits designed to at least partially replace the wages that the applicant can no longer earn as a result of their Camp Lejeune-related illness. Additionally, family members who were also subjected to the contaminants that were present in Camp Lejeune’s water during these years can seek reimbursement of out-of-pocket medical costs related to the treatment of any of the above-listed medical conditions.

Your Right to File a Camp Lejeune Water Contamination Claim

In August 2022, President Joe Biden signed the Camp Lejeune Justice Act into law. This act allows those impacted by the water contamination at Camp Lejeune to file lawsuits against the U.S. government for harm they incurred as a result of at least 30 days of exposure to contaminated water at the base. Those eligible to file a claim include servicemembers, their family members (even those in-utero at the time when exposure occurred), and those who worked on base during the years in which contamination was present in the water supply.

The law removes many of the obstacles that claimants previously faced when trying to seek compensation for the expenses and psychological impacts of their illness, including governmental immunity and North Carolina’s statute of repose, which requires personal injury claims to be filed no longer than 10 years after exposure. There is a two-year filing window for Camp Lejeune water claims.

How the Process Works

Camp Lejeune administrative water claims must be filed using a claims form provided by the U.S. Navy Judge Advocate General’s Corp (JAG), and must be returned to the unit’s Tort Claims Division by email or postal mail. The claim must be accompanied by documentation showing proof that you were present at Camp Lejeune during the relevant time period for at least 30 days and have been diagnosed with a condition believed to be related to exposure to the toxins present in the water during that time.

Once JAG has received the claim and supporting documentation, they have six months to resolve the claim either by paying its established value or offering an out-of-court settlement that the claimant agrees will fairly compensate the claim. If the claim is not resolved in this time, it can be filed as a lawsuit in the Eastern District of North Carolina.

The Type of Compensation That Is Available

Individuals seeking compensation through a Camp Lejeune water contamination claim can seek compensation of out-of-pocket expenses they have incurred as a result of their illness, such as medical expenses, wage loss, and lost earning capacity. They can also seek compensation for the psychological impacts of their illness, such as physical pain and suffering or emotional distress.

Kash Legal Can Help Protect Your Rights After Camp Lejeune Toxic Exposure

If you were exposed to contaminated water while serving, working, or living at Camp Lejeune for at least 30 days between 1953 and 1987, you have the right to seek compensation and care from the government who failed to protect servicemembers and their families. Whether you’re seeking benefits through the VA or filing an administrative claim or even a lawsuit, it helps to have an experienced attorney to assist you with gathering the evidence needed to prove your claim.

Let Kash Legal provide answers to your legal questions and tell you about the services we can provide to assist you in enforcing these rights and obtaining the benefits and compensation you need. For your free case evaluation, contact us online or call (888) 527-4128.