Confused about Filing a Camp Lejeune Lawsuit and VA Claim?

 Posted on December 09, 2022 in Personal Injury

Are you wondering if you should file another Camp Lejeune claim? Should you consider legal action if you or a loved one became ill from toxic water at the military base? You have two years from when the new law went into effect in August this year to start the process of filing a lawsuit. So far, 14,000 VA claims have been filed, and nearly one million veterans and employees at Camp Lejeune may be eligible. Many have been fighting for years to get healthcare benefits and compensation for serious illnesses developed after exposure to toxic water at the base, but the process can be overwhelming. 

If you are wondering whether you should file a claim, consider speaking with a Camp Lejeune injury lawyer for guidance.

Lawsuit Requirements

The Camp Lejeune Justice Act of 2022 gives veterans, their dependents, and employees of the base the ability to file a federal lawsuit against the government for the harm sustained due to contaminated water at the base from August 1, 1953, to December 31, 1987. You are entitled to seek compensation for such things as medical expenses, lost wages, and pain and suffering.

While the U.S. Navy Judge Advocate General’s Corps maintains that eligible individuals do not need to file a lawsuit and do not need an attorney to file a VA claim, the law itself states that a lawyer can file on behalf of those individuals who are eligible. Keep in mind, there are benefits to having a lawyer involved.

Filing a VA Claim Form is Often the First Step

A VA claim form first needs to be completed and emailed or mailed to the Office of the Judge Advocate General of the Navy’s Tort Claims Unit. Under the law, the Navy has up to six months to make a decision. If your claim is denied, it may be best to file a lawsuit. A lawyer would pursue the case after the claims period is over and represent you in court.

For a lawsuit, you will have to show documentation that demonstrates you developed a presumptive illness caused by the contaminated water. Those conditions include kidney cancer, liver cancer, bladder cancer, non-Hodgkin’s lymphoma, adult leukemia, Parkinson’s disease, among others.  

Previous Claims and Potential Impact on Future Award

The U.S. government wants all previously denied Camp Lejeune injury claims to be resubmitted under the requirements of the new law. This has been a point of contention because folks who submitted claims years ago do not want to go through the arduous process once again.

If you were awarded monetary benefits by a court under a previous claim, a future award will be reduced by the amount of any VA disability compensation or other benefits that you currently get. But you would still be able to apply for or receive VA benefits or health care.

Contact an Elmhurst Camp Lejeune Lawyer 

If you became ill from the toxic water at Camp Lejeune, Schwartz Injury Law is here to answer any questions. Anyone who is now suffering from severe health issues deserves justice. Call 708-226-9000 for a free consultation. A Joliet Camp Lejeune attorney can help you with your claim and lawsuit.

Sources:

https://www.va.gov/disability/eligibility/hazardous-materials-exposure/camp-lejeune-water-contamination/

https://www.atsdr.cdc.gov/sites/lejeune/faq_legal.html