For decades, families stationed at Camp Lejeune were unknowingly exposed to toxic water, a problem that affected a significant number of people.
If you or someone you care about experienced health issues as a result of the contaminated groundwater, you may be eligible for compensation. This article will cover how to submit a claim for injuries caused by water contamination at Camp Lejeune.
Water Contamination at Camp Lejeune Military Base
Camp Lejeune, also known as Marine Corps Base Camp Lejeune, is a large military installation located along the coast in Jacksonville, North Carolina.
In addition to hosting Marine Corps units, it also serves Navy and Coast Guard commands. Established in 1942, Camp Lejeune encompasses housing, training areas, and satellite camps like Camp Geiger and Camp Johnson, and New River Air Station. The base population exceeds 34,000 individuals.
A contaminated drinking water source may have been a concern for over a million individuals who resided or worked at Camp Lejeune between 1953 and 1987, including civilian workers and military families.
The Marine Corps found in 1982 that since the 1950s, two on-base water treatment facilities had been providing water tainted with dangerous volatile organic compounds (VOCs).
Chemicals in the Camp Lejeune water system have been connected by the Agency for Toxic Substances and Disease Registry (ATSDR) to illnesses such as cancer, birth defects, neurological impairments, and other ailments.
Water from Tarawa Terrace and Hadnot Point, two treatment facilities, was contaminated by chemical releases both on and off base.
At Tarawa Terrace, an off-base dry cleaning business improperly disposed of waste, allowing chemicals to leak into groundwater and wells serving the plant. Additional on-base spills and leaks exacerbated the contamination.
At Hadnot Point, sources of contamination included leaking drums at landfills and storage areas, underground tank leaks, and other spills on the installation. The contaminated water was distributed to locations across the base, such as housing, offices, recreation sites, schools, and the base hospital.
The Rise of Legal Battles for Justice
As we already discussed, there is proof that the drinking water at Jacksonville, North Carolina’s Marine Corps Base Camp Lejeune, was tainted for decades, perhaps exposing more than a million people. Studies of health effects in the surrounding community provide insight into how the tainted water could have impacted people.
Recently, President Biden signed the Camp Lejeune Justice Act into law, which will provide new benefits to injured veterans and victims. According to TorHoerman Law, this represents a major advancement in the compensation of workers, families, qualifying service personnel, and anyone impacted by the contaminated water for illnesses that arise from it.
The Act permits the filing of claims in the U.S. District Court for the Eastern District of North Carolina for damages incurred as a result of exposure to contaminated water between 1953 and 1987. The passage of this Act now allows those impacted to file a Camp Lejeune lawsuit in federal court to seek damages.
Legal action can be taken after just 30 days of exposure, even if that time is spent mostly through sporadic family visits. Moreover, the U.S. government can no longer claim immunity in these cases. The Act also supersedes a previous state law that barred such lawsuits.
How to File a Camp Lejeune Water Contamination Claim?
1. Establishing Presence at Camp Lejeune
Individuals who served at Camp Lejeune for more than 30 days between August 1953 and December 1987 are eligible to participate in the lawsuit.
Verification of residency in affected housing on the military base is essential. Documentation such as DD214 (obtainable from the Department of Veterans Affairs) and proof of housing will be requested.
2. Demonstrating Illness
To substantiate a claim, the claimant must submit medical documentation demonstrating that they or a family member have been diagnosed with an illness presumed to be connected to exposure to the contaminated water at Camp Lejeune.
3. Preparing your VA Disability Compensation Claim
There are numerous crucial preparation procedures to take in order to properly make a claim for VA disability compensation or an improved disability rating.:
First, determine if you meet the basic eligibility requirements for receiving VA disability benefits by reviewing the criteria. Only veterans with qualifying military service periods and service-connected injuries or illnesses can be awarded compensation.
Second, begin gathering all supporting documentation and evidence related to your disability or disabilities. This includes medical records from your military service and any subsequent VA or private treatment.
Also, include buddy statements from people who are knowledgeable about your condition and its origins. Submitting evidence along with your initial claim can help expedite the review process.
Third, for certain types of claims, you may need to complete additional forms with special questions. Make sure to identify and fill out any supplementary forms required.
Fourth, educate yourself on filing a disability claim. Resources like informational videos on the VA website or YouTube channel provide overviews of the claims process that can help ensure your application is properly submitted.
Fifth, thoroughly complete the online or paper application, providing a detailed history of your medical conditions from service to present. Incomplete applications will likely result in delayed decisions.
Sixth, while evidence is not mandatory to file a claim initially, a Compensation and Pension exam will normally be scheduled to evaluate your disability. You have one year from the date of claim to submit any supporting documentation before the effective date expires.
Taking these preparatory steps early in the process can help smooth the path to obtaining benefits through the VA disability compensation system.
4. Await VA Decision and Research Legal Representation
While awaiting the VA’s decision, it’s prudent to anticipate an average processing time of approximately 125.3 days as of July 2022 (pre-Biden’s PACT Act). This presents an opportunity to explore legal options and research attorneys handling Camp Lejeune water contamination cases.
5. Take Legal Action
If your claim with the VA is denied, it’s time to pursue legal recourse. Choose a reputable lawyer with positive client reviews and schedule a complimentary consultation. You shouldn’t incur any fees for this initial discussion.
6. Initiate Lawsuit Filing
Your chosen attorney will guide you through the process of filing a lawsuit in federal court.
FAQs
1. Has anyone received compensation from the Camp Lejeune lawsuit?
A: Yes, individuals affected by the Camp Lejeune water contamination have begun receiving compensation for related illnesses. As of April 2024, $5,950,000 has been distributed in settlement payouts through the Elective Option. Additionally, claims involving wrongful death receive an additional $100,000.
2. How many people have filed for the Camp Lejeune lawsuit?
A: As of April 2024, the North Carolina federal court has seen over 1,700 lawsuits related to Camp Lejeune. Additionally, more than 190,500 administrative claims have been submitted.
3. When did the Camp Lejeune lawsuit start?
A: The first Camp Lejeune contaminated water lawsuit was filed in 2009. Laura Jones, the wife of a former marine, initiated the suit against the government for the toxic water at Camp Lejeune. She and her husband resided on the base from 1980 until 1983.
While seeking justice and compensation is important, for those affected, it serves largely as an acknowledgment of the harm done and suffering experienced.
The full scope of impacts from the contamination may never be fully understood, but taking legal action can help prevent such an environmental disaster from being repeated and forgotten. More importantly, it provides hope that future service members and their families will be protected from similar exposure to toxic chemicals through negligence.
Though late, the passage of the Camp Lejeune Justice Act offers some measure of healing and long-awaited resolution for those victimized by the contaminated water.
