Attention Camp Lejeune veterans and families: If you’ve been watching our blog, you know we have been keeping up to date on the proposed VA rules to provide VA disability compensation to Marines exposed to Marine Corps Base Camp Lejeune toxic water. Through each step of the VA’s rulemaking process, we shared big news about coming changes to VA regulations making it easier for Camp Lejeune veterans to receive disability benefits for disease and disabilities related to toxic water exposure there. In case you didn’t catch that news, you can find one of our articles here.
Over a year ago, we had a blog that said, “To us, it looks as though these changes will take effect; now it is only a question of when.”
We are happy to say we got this one right.
VA has published the new rule creating presumptions for certain Camp Lejeune veterans, which means entitlement to VA disability compensation benefits.
You can find VA’s full press release here. For those familiar with the presumptions related to Agent Orange for Vietnam veterans, this change will work similarly.
Camp Lejeune: The Tragic Backstory
In case you have not heard, Camp Lejeune’s water supply was contaminated from leaking storage tanks that leached toxic chemicals into the ground water from 1953 to 1987. Percholoroethylene, trichloroethylene, vinyl chloride, benzene, and other petroleum contaminants were in the water that Marines and their families used on a daily basis for bathing, drinking, and cooking. Generations of Camp Lejeune veterans and their families have experienced higher than expected rates of a host of diseases.
For years, the government denied any connection between the toxic water and the health problems. New scientific studies by the Veterans Health Administration and the Department of Health and Human Services Agency for Toxic Substances and Disease Registry (ASTDR) have provided solid evidence that there is indeed a connection between the contaminants and the wide array of diseases experienced by those who were at Camp Lejeune.
Rule Change for VA Claims Related to Camp Lejeune Toxic Water
Until now, Camp Lejeune veterans had to prove service-connection if they claimed their disabilities were related to exposure to contaminated water at Camp Lejeune. That required evidence of toxic water exposure and a nexus to their current disability. That was often too difficult and expensive for many veterans or their survivors.
Because each claim required so much scientific and medical evidence to be reviewed, it also created a claims processing nightmare for VA. In light of the scientific studies, VA’s new rule creates a presumption that certain diseases are service-connected. Those diseases are:
adult leukemia
aplastic anemia and other myelodysplastic syndromes
Veteran’s Health Administration already has a list of presumptive diseases that qualify eligible Camp Lejeune veterans and their families for VA healthcare. But, that list covers more diseases than the list of presumptive diseases for VA disability compensation.
What Camp Lejeune Veterans Will Qualify for These New Presumptions?
The new rule limits the presumption to veterans with one of the listed disabilities who served at Camp Lejeune between August 1, 1953 and December 31, 1987.
In a previous update we gave on the Camp Lejeune proposal, we said, “our attorneys believe the final rule could be in line with the rules already in place Camp Lejeune-related healthcare. That is, if the veteran was stationed at Camp Lejeune for at least 30 days, VA will presume he or she was sufficiently exposed to the contaminated water there.”
That prediction also held true. The rule states that veterans eligible for the Camp Lejeune presumption must have been stationed at Marine Corps Base Camp Lejeune for at least 30 days.
Here is one important thing to note about this 30-day requirement: those 30 days don’t have to be consecutive. You just need 30 days total during the time frame. In other words, if you were a Marine training at Camp Lejeune for two weeks and then went back several years later for another few weeks (all within the period from 1953 to 1987), you could satisfy the 30-day requirement.
Do Reservists and National Guard Members Qualify for This Camp Lejeune Presumption?
Here is one major change: this new presumption will cover Camp Lejeune service of Reserve and National Guard personnel as well. That is a dramatic expansion of VA’s statutory definition of “veteran,” which has been limited in the past to active duty only.
However, this change is not that obvious. The rule creates yet another presumption that we haven’t seen with Vietnam veterans exposed to herbicides or other veterans suffering the secondary effects of TBIs. This latest presumption is that affected Camp Lejeune veterans became disabled during their military service.
Here’s why that’s important. Reservists and National Guard Members can only obtain eligible veteran status if they become disabled during active service. Thus, with this additional presumption they come within the definition of eligible Camp Lejeune veterans.
What to Do If You Are an Eligible Camp Lejeune Veteran With One of the Presumed Diseases
We want to cover a few questions that you may have if you or a loved one served at Camp Lejeune and are considering filing a VA disability claim.
When should I file my claim for Camp Lejeune benefits?
Even when this rule was just a proposal in 2015 and 2016, we were urging disabled Camp Lejeune veterans exposed to toxic water to go ahead and file their VA disability compensation claims.
Then and now, our strategy is the same: Go ahead and file your claim now. If you wait, you will miss out on the earliest possible effective date and lose out on months or years of potential benefits.
The new rule goes into effect March 14, 2017. Approximately 1,400 claims have been “stayed” while this rule was being finalized. Expect to receive a decision in the near future after that date if you are one of those veterans who had already filed.
What If I Don’t Have One of the Listed Presumptive Diseases?
Remember, this new regulation only includes eight diseases right now. They are the only ones that qualify for a presumed nexus between the contaminated water exposure and the current disability. Based on what we know about the science behind these particular types of toxic exposures, we think it will change at some point.
After all, the VA has not been entirely consistent in its list of diseases. It has a longer list of 15 diseases for which veterans and family members can receive VA medical treatment on account of Camp Lejeune water exposure. Hopefully, the disability side will eventually catch up to the medical side.
Also, veterans’ advocates will likely push to expand the list of presumptive diseases. As scientist publish more studies and connect more diseases, the list will likely expand.
The Agent Orange presumptive diseases list has expanded over the years. The Nehmer case required VA to go back and grant Agent Orange claims that were originally denied but later covered by the presumption and pay benefits back to the date of the earlier denied application.
Because history could repeat itself with Camp Lejeune toxic water claims, you should file now even if your condition is not on the presumptive list. Even if VA does not approve your claim now, new rule changes later could help you.
VA may have to go back and apply these new rules to your original claim.It could mean a substantial difference in the amount of benefits you ultimately receive. Again, don’t wait. File your VA disability compensation claim for Camp Lejeune toxic water now.
We Are Here to Help Camp Lejeune Veterans and Families
If you or a loved one was stationed at Camp Lejeune and have questions about eligibility for VA benefits, we are happy to talk to you. We provide free consultations to veterans and their families. This article explains how that process works.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
Jason Perkins' skill and care in navigating the Workers' Compensation labyrinth were invaluable. While the road was not always smooth, I cannot imagine traveling it with anyone other than Jason Perkins. He is generous with his time and expertise, patiently answering questions and explaining legal issues. Jason's intelligent, individualized attention enabled me to endure the otherwise hideous business of Workers' Comp. litigation. Throughout the entire process, he remained unshakably friendly, good natured, and easy to talk to. We had some genuinely enjoyable conversation unrelated to the case! Above all else, Jason's expert counsel succeeded in securing me the best possible settlement. He has my highest recommendation.Kelly McCaffrey
Perkins Studdard LLC, is a professional team to have on your side if you are on Workmans Comp.
They handle your case till you get a fair settlement that you feel comfortable with.harold smith
Jessica, Travis, and his team are nothing short of angels. I was not making progress, so I spent 6 months researching law firms. I'm beyond grateful that they took the time to help me and I'm confident that no other firm could have gotten the same results.
The process was the most difficult and mentally defeating experience of my life, but they took 100% of the bourdon off of my shoulders. They communicated every step of the long and overly complicated process. I'm forever indebted to these people and I will never forget them. Every Christmas I pause to think about my guys who didn't make it home, and I'll keep this team in my thoughts during those hard times.
I know it's difficult, but there are people like Travis and his team out there willing and able to help. To the warriors, keep your head up and stay in the fight.Michael
I can’t say enough wonderful things about Travis, and Jessica at Perkins Studdard! They went above and beyond for me and did everything they could to help. Their kindness, professionalism, patience, and genuine care truly meant a lot to me. I’m incredibly grateful for everything they did and the way they treated me. I highly recommend Travis and Jessica at Perkins Studdard to anyone looking for people who genuinely care about their customers. Thank you both for everything!Joe Tarno
They got me over $100,000 in back pay. Got me to 100% P&T.James Powell
I initially started my workers’ compensation case with another attorney. Although he was a good attorney, I eventually realized that I needed a different level of communication and support throughout my case. After searching online, I came across Jason Perkins and decided to give him a try. I can truly say that I have not regretted that decision.
One of the things I appreciated most about Jason and his team was how responsive and communicative they were. Having an attorney who kept me informed was extremely important to me. I never felt like I had to constantly call and ask what was happening with my case or where things stood. Whenever there was movement or an important update, Jason and his team made sure I knew about it. I always felt informed and included throughout the process.
Jason was also straightforward with me and consistently gave me what he believed was the best advice for my situation. My case was a lengthy process, but having an attorney I trusted and knowing that my case was being handled properly made that process much easier to get through. I never felt like I was just another case or that I was being left in the dark.
Looking back, I am very glad that I made the decision to switch attorneys and work with Jason Perkins. He and his team gave me the communication, guidance, and reassurance I needed throughout a very long process. I would absolutely recommend Jason to anyone looking for a workers’ compensation attorney who will communicate with you, keep you informed, and genuinely work to get the best possible outcome for your case.Christina Barrett
Jason did a great job very fast and efficient got me a bankroll in less than 30 days i highly recommendReality Rap
OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously.
I highly recommend Perkins Studdard LLC to represent you!!
Thank you for all your fantastic work representing me, I sincerely, appreciate it!!keith morrow
Jessica and Travis listened and worked very hard getting us a really great disability payment. Thank you so much for listening and every month we appreciate your time and energy. Thanks againJeannie Brown
Working with Jason was an absolute pleasure if I had any questions or concerns they were right there with the right answers I would recommend Perkins and Studdard to anyoneRickey
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
