By now you know that veterans and others who lived and worked at Marine Corps Base Camp Lejeune in Jacksonville, NC, were potentially exposed to water with high levels of toxic contaminants from 1953 through 1987. These contaminants led to serious illnesses, including multiple types of cancers. You may be eligible too make a Camp Lejeune water contamination claim.
Years of denials by the VA, the US Government, and the state of North Carolina will finally be remedied by the allowance of claims by veterans, their families, and civilian workers following the signing of the Camp Lejeune Justice Act of 2022, or CLJA. As part of the larger Honoring Our Pact Act of 2022, $6.7 billion of funding is available for veterans who became ill after using and consuming contaminated water while at Camp Lejeune.
Previously, the North Carolina statute NCGS § 1-52(16) caused claims to be dismissed by a rule of repose, which prevented affected parties from filing a lawsuit. However, the new federal laws allow these lawsuits by sidestepping the state statute.
If you’ve decided to file a claim, there are some things you need to know before proceeding.
Marines And Other Military Members
Although Marines are the most frequently stationed at Camp Lejeune, anyone who lived or worked at Camp Lejeune as an active servicemember, reservist, or in the National Guard for at least 30 days between August 1, 1953, and December 31, 1987, may have been exposed to the contaminated water supply.
The CLJA states that any service member who wants to file a civilian claim and lawsuit must first file a claim with the Department of Defense in accordance with 28 U.S. Code § 2675. Should your claim with the Department of Defense be denied, you’ll then be eligible to file a federal lawsuit.
As with any disability claim, whether for the Veterans Administration or any other agency, you are required to demonstrate that you were at Camp Lejeune during the contamination period.
Service records are also required to show that you were at Camp Lejeune during this period.
You also need to have your medical records that show that you were diagnosed with an illness that you believe is related. This includes illnesses that are not on the list of currently attributable conditions but may have developed after exposure.
Damages And Compensation
The VA has a fund of $350 million set aside to provide medical care for veterans and their families who were affected and became ill from Camp LeJeune’s contaminated drinking water. These funds are earmarked to cover medical treatment including prescriptions and other necessary healthcare for those affected. Additionally, the VA will be paying $75 million to the families of deceased water victims, and $2 billion in disability benefits.
A successful claim may lead to financial compensation such as:
• Medical expenses
o Current
o Future
• Lost wages
• Lost earning capacity
• Wrongful death (for survivors of a deceased family member)
However, you will not have the ability to request punitive damages as you would with a personal injury claim or lawsuit. The only compensation available is to cover expenses involved in treating your illness and losses resulting from the contamination-related illnesses.
What About Existing VA Benefits?
If you’re already receiving VA benefits for conditions related to the Camp Lejeune contaminants, you can still file a claim, and your VA benefits will not be affected.
However, if you are receiving any financial benefit payments, such as VA disability, Medicaid, or Medicare, the amount you’re awarded by the court case will likely be reduced by the amount of compensation you’ve already received.
Remember that if you are planning to file a claim, you will only have until August 2024 to file. After that, your claim will be denied and you will not be able to recover any compensation.
Contact The Herren Law Firm Today For Help With Your Claim
For more than 30 years, the Herren law firm has helped veterans and other disabled people with their benefits claims and appeals. We have extensive experience dealing with governmental agencies and the claims that are filed with them.
If you or someone you know became ill after being stationed at Camp Lejeune, get in touch with us immediately. Do not wait to make your Camp Lejeune water contamination claim. There is only a two year window from August 2022 to make your claim.
We’ve helped over 4,000 people, and we can help you as well. Contact us today by calling (713) 682-8194 or using our online contact form our consultation is free, and you won’t owe us a fee until we win your case.
