The United States Department of Veterans Affairs states that Marines may be eligible for benefits if they were exposed to toxic substances while stationed at Marine Corps Base Camp Lejeune.
Presumptive compensation might be available to military veterans, National Guard members, and former reservists at Marine Corps Base Camp Lejeune who served 30 days or more between 1953-1987. As long as the 30 day period falls within the designated dates, it can be cumulative or consecutive. To secure their benefits, qualified veterans might benefit from the assistance of a Camp Lejeune lawyer.
What is Presumptive Compensation?
The ruling provides that all service personnel who have suffered from eight conditions during their time at Camp Lejeune are eligible for 100 percent compensation under the presumptive compensation provisions. These eight qualifying diseases will be considered service-related. The final rule as outlined in 38 CFRSS 3.307 was revised on March 14, 2017.
What are the Qualifying Conditions for Entry?
You may be eligible under the presumptive services clause if your Camp Lejeune service fell between August 1, 1953 and December 31, 1987. Anybody who is diagnosed with one of these eight conditions and has served at least 30 days at Camp Lejeune can be eligible for VA disability.
- Kidney cancer
- Bladder cancer
- Liver cancer
- Adult leukemia
- Myelodysplastic Syndromes, including aplastic Anemia
- Non-Hodgkin’s lymphoma
- Parkinson’s Disease
It is assumed that you are suffering from any of the qualifying conditions while serving at Camp Lejeune.
How to file for Presumptive Benefits
You will need to gather documentation in order to file for presumptive benefit. You will first need to have your military records showing that you were at Camp Lejeune during this period. These records may not be available. You can request them through VA, following the online instructions.
You will also need copies of your medical records to support your diagnosis. These can be obtained from your civilian doctor after you have been discharged. You can access your medical records if you were diagnosed while you are still serving in the military by following the instructions on theNational Archives online access page.
After you have all your records, you can file your claim using the online file system. You can either contact the VA regional offices for assistance or request help from a veterans services officer (VSO). It can be complicated. Many veterans and service personnel seek the assistance of a law firm who is experienced in the claims filing process.
If you have previously filed and were denied
You should apply again if you have previously filed for compensation and denied coverage prior to the clarification on presumptive cover on March 14, 2017. If you meet the presumptive conditions definition, your previously denied claims will be accepted.
Let’s say you have been denied compensation in the past. You might consider seeking legal representation for your second request. During the filing process, it can be beneficial to have a good understanding of the claims process and the Honoring America’s Veterans and Caring for Camp Lejeune Families Act.
If your condition isn’t listed on this list, please let us know.
Let’s say you have another condition and believe it was caused by the Camp Lejeune water contamination. You may still be eligible for compensation in this case. You may be eligible for compensation under other programs after your claim is reviewed. To file for an illness not listed on the presumptive compensation lists, you must give the medical opinion linking your condition to the contamination.
An attorney who specializes in claims may be able to help you if you have any questions about your medical situation or the compensation that you may be eligible for. These attorneys are familiar with the requirements and can help you complete the paperwork necessary to file your claim.
What are other health conditions covered?
Veteran and their families may be eligible for compensation for out-of pocket expenses or health benefits. The Camp Lejeune Families Act lists 15 additional conditions. These conditions are not automatically service-related and may not be eligible for 100 percent coverage.
You can ask for medical coverage or compensation if you or your family member are currently suffering from any of these conditions.
- Infertility in females
- Miscarriage
- Hepatic steatosis
- Kidney cancer
- Bladder cancer
- Lung cancer
- Esophageal cancer
- Breast cancer
- Leukemia
- Non-Hodgkin’s lymphoma
- Renal toxicity
- Myelodysplastic Syndromes
- Multiple myeloma
- Neurobehavioral effects
- Scleroderma
You may also be eligible for compensation for other conditions. You can file a claim if you believe you have a similar illness.
How can family members get benefits?
Documentation will be required to be assembled by family members, which may include:
- Documentation proving the relationship with the service member.
- Documentation proving residence at Camp Lejeune during this period.
- Documentation from the medical records that documents the diagnosis.
- Different factors can influence the level of compensation. A law firm can help you ensure you have all necessary documentation and complete the forms correctly.
Receive Compensation under the Camp Lejeune Justice Act
Veterans who served at Camp Lejeune had limited financial options beyond VA benefits for many years. The Camp Lejeune Justice Act provides a way for veterans and their families, as well as their loved ones, to seek damages for illnesses caused by water contamination.
This bill will allow you to claim compensation for any disability or illness that you have suffered from toxic water exposure. These conditions must be met:
- The toxic water was inhaled for at least 30 consecutive days
- Between August 1, 1953 and December 31, 1987, you were at Camp Lejeune (or another qualifying installation).
A toxic water lawyer can help you determine whether to file a case individually or to join a mass tort to seek a settlement for your contamination.
Ben Crump Law, PLLC: Getting the Compensation you Deserve
The Camp Lejeune water contamination caused extensive damage. People are still suffering from the effects of contamination that lasted more than 30 years.
If you were affected by Camp Lejeune’s water contamination, you would be entitled to compensation. The Justice Now provides a free consultation without risk if you have any questions about your rights under the law. To discuss your case, contact one of our attorneys .
