You can file a claim for Camp Lejeune water contamination by pursuing benefits through the U.S. Department of Veterans Affairs (VA). If approved, you could get monthly cash benefits, healthcare coverage, and other benefits.
You can also file a claim or lawsuit against the U.S. government. The Camp Lejeune Justice Act of 2022 allows you to pursue compensation for your various losses, no matter how much time has passed between your service and now. A lawyer from our firm can evaluate your legal options and walk you through the financial recovery process.
You Can Pursue Benefits Through VA
You can pursue disability benefits by applying on VA’s website or visiting your local VA office. To get these benefits, you must:
- Establish that you served at Camp Lejeune for at least 30 days from August 1953 to December 1987. You can do this by providing tax records, mail, and other related documentation.
- Show that you weren’t dishonorably discharged.
- Demonstrate that you have one of eight presumptive conditions.
Reservists, guardsmen, and veterans can apply for benefits. You can also seek benefits from VA if you lived at Camp Lejeune as a non-veteran employee or a veteran’s family member.
What Is A Presumptive Condition?
VA notes that if you have one of these eight conditions, it will assume it happened because of the water contamination at Camp Lejeune. These conditions include:
- Parkinson’s disease
- Adult leukemia
- Aplastic anemia and other myelodysplastic syndromes
- Bladder cancer
- Liver cancer
- Kidney cancer
- Multiple myeloma
- Non-Hodgkin’s lymphoma
With your disability application, you must show that you have one of these conditions. You can do this by supplying your medical records, attending a compensation and pension (C&P) exam, and answering certain questions.
What Benefits Can You Get From VA?
If VA approves your application, it will give you a disability rating. This rating will measure the degree of your disability and how much compensation you get each month. In addition to monthly cash benefits, you could get healthcare, job retraining, help with buying a home, and funeral assistance—among other things.
It’s important to note that while VA offers a host of benefits, it denies more than 50 percent of applications on their first submission. If VA denies your application, you can partner with a lawyer to guide you through the decision reviews process.
You Can Pursue Benefits From The Camp Lejeune Act Of 2022
The U.S. government now recognizes that it put veterans at unreasonable harm while they (and their families) resided at Camp Lejeune. Recently, it passed the Camp Lejeune Act of 2022. This law:
- Waives sovereign immunity. Usually, you can’t sue the government. However, under this law, qualifying parties can.
- Waives the statute of limitations. North Carolina has a statute of limitations that limits how long people have to file lawsuits. Now, claimants have two years to file their lawsuits. The deadline expires August 2024.
- Prohibits punitive damages. Some civil lawsuits result in punitive damages when the defendants act with gross negligence. However, when suing the U.S. government for Camp Lejeune-related damages, claimants cannot seek these losses.
- Designates which court handles the matter. The United States District Court for the Eastern District of North Carolina is the sole court that handles Camp Lejeune water contamination lawsuits.
You can pursue compensation from the Camp Lejeune Justice Act of 2022 and VA. However, any compensation you get from VA will offset how much you could pursue via a lawsuit.
What Can You Get With A Camp Lejeune Water Contamination Lawsuit?
By filing a Camp Lejeune water contamination lawsuit, you can seek:
Healthcare Expenses
You deserve financial recovery for each of your medical-related expenses, such as:
- Chemotherapy
- Radiation
- Surgeries
- Hospitalization
- Medications
- End-of-life care costs, such as hospice
- Doctors’ co-pays
- Bone marrow transplants
- Blood transfusions
When you partner with a lawyer, they can consult a healthcare provider to calculate your losses. They will account for your past, present, and future losses. Your lawsuit should leave you with no out-of-pocket healthcare costs.
Lost Wages
If your condition prohibits you from maintaining employment, you could be entitled to an award for monetary damages. These damages could replace your lost past, present, and future wages. Depending on your job, you could also seek lost bonuses, promotions, commissions, contracts, and tips. If your condition will permanently affect your earning power, you could seek compensation for that, as well.
Non-Economic Damages
Many of the conditions linked to the water at Camp Lejeune can lead to severe, chronic physical pain. While these losses don’t come with supporting documentation, they’re still compensable. Examples of recoverable non-economic losses include:
- Scarring and disfigurement
- Disability
- Pain and suffering
- Mental trauma, such as post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
Funeral And Burial Expenses
Many of VA’s presumed conditions are fatal. If you lost a loved one to a terminal illness, you can seek compensation for their funeral and burial.
These are just some compensable losses through a lawsuit. You should consult a lawyer if you have questions about the legal process. They can evaluate your options, answer your questions, and champion your rights.
Reach Out To An Injury Lawyer About Your Legal Case
You have a lot on your plate right now. You don’t need to burden yourself with a tough legal case. You deserve to spend time with your loved ones. Our legal team can help you pursue a lawsuit under the Camp Lejeune Justice Act of 2022.
We can:
- Gather evidence to support your lawsuit
- Calculate your losses
- Negotiate a settlement (if possible)
- Answer your questions and concerns
- Represent you in any legal proceedings
- Advise you of your legal options
Begin Your Free Case Review With The Law Offices Of Anidjar & Levine
The Law Offices of Anidjar & Levine understand the hardship that the victims of Camp Lejeune have lived with for decades. Our firm is prepared to pursue justice and compensation on your behalf. To begin your free case review, connect with us today. We’re prepared to go the extra mile for you and your loved ones.