Those who served or lived at Camp Lejeune may qualify for VA compensation. According to the US Department of Veterans Affairs (VA), however, they must meet these criteria to be eligible:
- They served or lived at this location for at least 30 days, from August 1, 1953, to December 31, 1987.
- They have suffered a qualifying condition.
That said, the more serious your condition, the higher your rating will be. To ensure you get maximum VA compensation, you must generally have evidence of your time serving at Camp Lejeune during this designated period, a medical diagnosis of your condition, and testimony linking your condition to your time at Camp Lejeune.
Why Veterans Are Seeking VA Compensation after Serving at Camp Lejeune
In the 1980s, studies found that contaminants known as Volatile Organic Compounds (VOC) were in the drinking water at Camp Lejeune, North Carolina. These toxins were:
- Perchloroethylene (PCE)
- Trichloroethylene (TCE)
- Vinyl chloride
- Benzene
A dry-cleaning company in the area used the compounds as part of their services. Consequently, they leaked into the groundwater. Other factors that could have contributed to the contaminated water are industrial spills and waste disposal.
The Agency for Toxic Substances and Disease Registry (ATSDR) found these toxins in the wells of Camp Lejeune in 1982, but no one shut them down for another three years. An estimated one million people suffered exposure to these contaminants, which may lead to and increase the risk of multiple diseases.
How to Qualify for VA Compensation for Camp Lejeune
Congress passed the Honoring America’s Veterans and Caring for Camp Lejeune Families Act in 2012. This legislation automatically qualifies veterans and their families exposed to the drinking water at Camp Lejeune to recover certain healthcare benefits.
To prove your right to VA compensation, you must provide documentation that you served or lived at Camp Lejeune for a minimum of 30 days from August 1, 1953, to December 31, 1987. You must also show that you have at least one of the following qualifying health conditions:
- Breast cancer
- Miscarriage
- Lung cancer
- Scleroderma
- Non-Hodgkin’s lymphoma
- Bladder cancer
- Female infertility
- Multiple myeloma
- Myelodysplastic syndrome
- Neurobehavioral effects
- Renal toxicity
- Kidney cancer
- Hepatic cancer
- Leukemia
- Esophageal cancer
Keep in mind that this list of conditions is different from the one containing presumptive conditions, learn more about Camp Lejeune health issues.
Family Members Must Go Through a Separate Process for Benefits
If you are a family member seeking compensation for your medical needs, you will have to fill out VA Form 10-10068b and show documentation to prove that:
- You were a legal dependent of a veteran who served at Camp Lejeune. A birth certificate or marriage license will suffice as evidence.
- You lived at Camp Lejeune between 1953 and 1987. VA accepts base housing records.
- You made payments for your medical treatment for your illness.
Presumptive Conditions for those Who Served at Camp Lejeune
VA compiled a list of eight conditions associated with the contaminants at Camp Lejeune. Those who served active duty, in the reserves, or in the National Coast Guard at Camp Lejeune from 1953 to 1987 and suffer from these illnesses may recover benefits:
- Kidney cancer
- Liver cancer
- Adult leukemia
- Bladder cancer
- Parkinson’s disease
- Multiple myeloma
- Aplastic anemia and other myelodysplastic syndromes
- Non-Hodgkin’s lymphoma
If you have any of these presumptive illnesses, you don’t need a medical opinion to connect your time in the service to your condition. This list consists of the illnesses that VA has scientifically connected to the contaminated water exposure. However, if you have a diagnosis for a health condition not listed here, you may still qualify for benefits.
VA Disability Rating Schedule
VA will rate your disability based on its severity. The more serious your condition, the more compensation you can receive. As of 2022, for single veterans, the payment schedule is:
- 10 percent disability rating: $152.64
- 20 percent disability rating: $301.74
- 30 percent disability rating: $467.39
- 40 percent disability rating: $673.28
- 50 percent disability rating: $958.44
- 60 percent disability rating: $1,214.03
- 70 percent disability rating: $1,529.95
- 80 percent disability rating: $1,778.43
- 90 percent disability rating: $1,998.52
- 100 percent disability rating: $3,332.06
Those who have dependents are eligible for higher amounts of benefits.
It’s also important to note that some diseases, like leukemia, qualify for a 100% rating if it is active or the patient is undergoing treatment. As your treatment progresses, VA will review your condition. If it improves, it may lower your rating and the benefits you can seek.
What Happens if VA Denies Your Claim for Benefits
If VA denies your claim or gives you a lower rating than you’d hoped for, you can file an appeal and start the decision review process. VA provides three options when you go this route:
- Supplemental Claims: You must collect additional and relevant evidence of your disability that you didn’t include in your initial claim.
- Higher-Level Review: You are not permitted to submit evidence for this option. Instead, a senior reviewer will evaluate your initial disability claim.
- Board Appeals: A Veterans Law Judge will review your case in a hearing. This hearing can be virtual from your home, a videoconference at a VA location in your area, or in-person in Washington, D.C., at the Board.
Working towards the maximum VA compensation for Camp Lejeune is overwhelming on your own, so allow a VA disability attorney to take on your case and seek the benefits you need.
Camp Lejeune Veterans Can Seek Maximum Compensation Thanks to New Law
Congress signed the Camp Lejeune Justice Act of 2022 into law on August 10, 2022, qualifying veterans and their families can seek compensation for their contaminated water-related illnesses by filing a claim. A Camp Lejeune water contamination lawyer can help gather evidence to support your claim and ensure you qualify.
The class action lawsuit team at Ben Crump Law, PLLC, can make sure your lawsuit is within the statute of limitations. The statutory deadline is two years from the date the law was enacted. You do not want to miss your chance to seek compensation for the harm done to you and your family while stationed at Camp Lejeune, NC.
Connect with Ben Crump Law, PLLC, after Suffering an Illness at Camp Lejeune
If you are a veteran or a dependent family member who lived at Camp Lejeune from August 1953 to December 1987 and contracted an illness due to the contaminated water, a lawyer with our firm can help you seek maximum VA disability compensation.
To learn more in a free consultation, call Ben Crump Law, PLLC, today.
