Contact Our Sc Veterans Disability Benefits Lawyers
Having a veterans disability representative does not guarantee a successful claim, but our lawyers have handled these types of claims many times before and can help you avoid common mistakes, gather evidence and, if necessary, represent you during an appeal.
To learn all of the ways we help disabled veterans, call Joye Law Firm now or fill out our online case evaluation form.
Chemical And Toxic Exposure Claims Are Valid Reasons To Apply For Va Disability Benefits
When many people think about disabling conditions that could affect veterans, they typically focus on physical wounds incurred in combat or mental health problems such as PTSD, depression, or anxiety. However, another major source of veterans disabilities is exposure to harsh chemicals and toxic substances, and those exposures cause many veterans to develop illness later in life.
To receive disability benefits on these grounds, it is necessary to show that you were exposed while you were on active duty. An experienced attorney can help you understand the connection between that exposure and your current disabilities and answer questions about how to build your veteran chemical and toxic exposure claim for benefits. Dont hesitate to reach out to VetLaw to discuss your particular situation.
As Many As 35 Million Veterans Could Receive New Health Care And Disability Benefits
In a year in which Congress has strained for legislative achievements, a big one is in sight. When senators return from a Memorial Day recess spent honoring those who gave their lives for the United States, they will take up a bipartisan bill that will broaden dramatically America’s commitment to take care of sick veterans.
The bill would offer new health care and tax-free disability benefits as high as $3,332 a month to as many as 3.5 million veterans at a cost the Congressional Budget Office has pegged at $278.5 billion over 10 years.
Under the legislation, crafted by Senate Veterans Affairs Chairman Jon Tester, D-Mont., and ranking member Jerry Moran, R-Kan., the Veterans Affairs Department would consider a veteran with any of 23 conditions as varied as brain cancer and hypertension who was deployed to a combat zone during the wars in Iraq or Afghanistan automatically eligible for care at government cost.
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Victims Can Now Sue The Government
For many years, veterans and their families have tried to recover damages through the court system for their injuries from Camp Lejeune. Even if they received disability benefits, that was generally not enough to cover all their losses. However, when those affected tried to file personal injury lawsuits, judges would dismiss them based on an expired statute of repose.
The statute of repose sets a 10-year limit from the harmful event to file a lawsuit. In this case, the harmful event was the exposure to contaminated water at Camp Lejeune. Unfortunately, most injured persons only discovered their illnesses many years after the exposure and well beyond the ten-year statute of repose limit.
Recently, Congress enacted the Camp Lejeune Justice Act of 2022. Now, victims can seek compensation from the government for exposure-related illnesses no matter when they discovered their injuries. They have two years from the laws enactment date to file a lawsuit with the federal court in North Carolina. Though, the government still set requirements a victim must meet to be eligible to file a lawsuit.
Additionally, an individual may want to know how much they can recover. Camp Lejeune water contamination lawsuits award victims compensation for similar damages to a personal injury case. Unfortunately, that means the amounts vary greatly, and no one can guarantee how much you will receive.
We Assist Parents Of Children With Choanal Atresia Caused By Toxic Exposure During Pregnancy
Toxic exposure illnesses occur when pregnant women have been continuously exposed to one of the harmful chemicals mentioned above. This mostly happens due to a business or companys failure to properly monitor and manage hazardous waste.
A release, spill, or leak of toxic chemicals into the workplace or environment can cause toxic exposure that may lead to severe adverse health effects in humans.
If you are a woman who was stationed at a contaminated military base while you were pregnant and gave birth to a child with choanal atresia, we can help you recover the money you deserve through a compensation claim and additionally through a VA claim.
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What Expanded Benefits For Veterans Exposed To Toxic Materials Means Under This Bill:
This law:
- Increases VA health care eligibility to post-9/11 combat veterans, including the estimated more than 3.5 million veterans who were exposed to toxins generated by burn pits.
- Adds an additional 23 toxic exposure-related conditions including hypertension to the VAs list of presumptive conditions.
- Expands claims related to Agent Orange exposure to include Thailand, Cambodia, Laos, Guam, American Samoa, and Johnston Atoll. These locations are in addition to Vietnam where the VA will presume Agent Orange exposure.
- Makes it possible for service members exposed to contaminated water at Camp Lejuene to sue the government for damages.
- Provides every veteran a toxic exposure screening at VA medical appointments.
- Increases federal research on toxic exposure.
- Makes available more VA resources and training for toxic-exposed veterans.
- Strengthens the VAs workforce and invest in 31 new VA health care facilities.
- Boost sthe VAs claims processing capacity.
- Creates a framework for the establishment of future presumptions of service connection related to toxic exposure.
Medical Care For Volunteers Involved In Chemical And Biological Testing
As many as 60,000 Veterans volunteered for medical research for the U.S. biological and chemical programs between 1942 and 1975. You can get medical care through the U.S. Army if you volunteered for this research and have an injury or illness directly caused by your participation.
If you have questions or need help getting medical care:
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Chemicals In Camp Lejeunes Drinking Water
Officials traced the source of Camp Lejeunes contamination to two water treatment plants. They discovered toxic chemicals in the water from the Tarawa Terrace and Hadnot Point plants. Causes of the contamination include leaks from waste disposal sites and a dry cleaning establishment.
The four main chemicals that made the bases water unsafe were TCE, PCE, vinyl chloride, and benzene. Tetrachloroethylene was the primary cause of illness and is typically used for dry cleaning or degreasing metal. Research from the Agency for Toxic Substances and Disease Registry found PCE in the Camp Lejeune water supply that exceeded the EPA maximum.
Trichloroethylene is used to clean metal parts. The substance is transparent, which made residents unaware of its presence.
Vinyl chloride appears when TCE or PCE breaks down. The inorganic substance dissolves in water and can smell sweet. Companies use vinyl chloride to make another material they need for plastic products.
Benzene is a colorless liquid and may occur naturally or through human activities. The chemical breaks down slowly in water, and high levels cause havoc on the human body.
Burn Pits Are The New Agent Orange
Just as Agent Orange has become analogous to Vietnam, burn pits are becoming increasingly associated with military service in Iraq and Afghanistan.
Burn pits were commonly used in these areas to dispose of a variety of waste products. Much of this waste consisted of household trash, but, also contained more toxic substances including paint, plastic, human waste, and much more.
These burn pits emitted airborne hazards such as smoke, fumes, and particulate matter often nearby to where service members lived and worked. Imaginethick billows of black smoke the wind then spreads in multiple directions, reaching those even further outside the burn pits proximity.
The obvious major concern is the impact these airborne hazards can have on the lungs when breathed in. Of course, other issues could include skin, cardiovascular, and neurological concerns.
After studying the effects of these airborne hazards on the long-term health of those exposed, the Department of Defense closed out most burn pits, and plans are in place to close those remaining.
Tragically, that action comes too late for the roughly 3.5 million troops who already suffered exposure and are now experiencing or at heightened risk for long-term health problems associated with burns pits. Many have returned home only to find that, while they may have evaded the enemy, they had developed serious, sometimes life-altering symptoms or conditions, some of which could be fatal.
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How To Start A Camp Lejeune Lawsuit
A lawsuit against the federal government is different from other personal injury suits. Before you can begin your case officially, you must send an administrative claim to the correct agency. In the document, you should include the facts of the case and the damages you plan to claim.
Then, the federal agency will review what you have sent. The department has no later than six months to respond. The ruling may agree with your claim and offer payment. Alternatively, the government could deny your allegations and offer the opportunity to appeal.
Nevertheless, you should have a lawyer by your side to ensure a smooth claims process. An experienced Camp Lejeune attorney can help you prepare and submit your administrative claim and prepare for a lawsuit. Camp Lejeune claims are complicated and require detail and precision to ensure you dont risk losing the compensation you need and deserve. Contact an attorney today for your free consultation and claim your Camp Lejeune compensation before your time expires.
The Symptoms Of Camp Lejeunes Contaminated Water
The contaminants lead to a variety of health concerns. However, you might not know if your condition results from unsafe water from Camp Lejeune. Therefore, you may not know whether to seek compensation for the cost of the long-term effects.
The toxic chemicals can create a wide range of symptoms depending on the illness. Many of the warning signs are physical. Examples include cramps, fatigue, numbness, and headaches. In addition, people have suffered from cognitive effects like issues with coordination.
You may become aware that contamination is the likely cause of your symptoms. Document the side effects you experience and visit a clinic as soon as possible to determine what illness you are experiencing. Of course, some symptoms could signify other unrelated issues, which is why a doctor must determine the likely cause.
After the diagnosis, you should begin treatment. If a doctor confirms that you suffer from one of the presumptive diseases from Camp Lejeune exposure, you can apply for VA benefits to cover medical expenses. Furthermore, you may be able to sue for healthcare expenses and other related damages.
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Atomic Veterans And Radiation Exposure
The VA has recognized certain diseases as related to ionizing radiation exposure during military service. Veterans may be eligible for disability compensation and healthcare for these diseases. Their survivors may also be eligible for survivors’ benefits from the VA.
For Veterans who participated in a radiation-risk activity during service , VA assumes that certain cancers are related to their exposure. We call these “presumptive diseases.”
- Cancers of the bile ducts, bone, brain, breast, colon, esophagus, gall bladder, liver , lung , pancreas, pharynx, ovary, salivary gland, small intestine, stomach, thyroid, urinary tract
- Multiple myeloma
These Veterans don’t have to prove a connection between these diseases and their service to be eligible for disability compensation. Their survivors also may be eligible for survivors’ benefits if the Veteran dies as the result of one of these diseases.
Additionally, the VA recognizes that the following diseases are possibly caused by exposure to ionizing radiation during service:
- Posterior subcapsular cataracts
- Tumors of the brain and central nervous system
Eligibility for disability compensation or survivors’ benefits depends on how much radiation the Veteran received and other factors, such as the period of time between exposure to radiation and the development of the disease. VA decides these claims on a case-by-case basis.
How To Get Compensation
Most unfortunately, disability claims tied to Fort McClellan toxic exposure are difficult to prove, and should not rely on any presumption of health conditions being related to service at the fort. The frustrating truth is that disability claims must be filed as if they do not fall outside the norm.
Veterans are not granted presumption, which means the onus falls on the veteran to provide a current diagnosis of their condition, an in-service incident that is tied to that condition, and a nexus, or professional medical opinion that links the diagnosis to its in-service cause. In essence, you must prove a service connection to your condition, again, without the benefit of presumption.
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Burn Pits And Other Airborne Hazards
In 2010, lawmakers banned the military from using burn pits except where there was no feasible alternative. In 2013, Congress mandated the creation of the VAs Airborne Hazards and Open Burn Pit Registry, and the 2018 defense-spending bill required the VA to coordinate further research on the effects of burn pits.
Burn pits have been used for decades to dispose of waste and garbage generated on American military bases overseas. Most recently, their use in Iraq and Afghanistan was prolific. There were more than 250 burn pits in those combat theaters that released an array of pollutants into the air, including particulate matter and known carcinogens. However, there is a misconception that burn pit exposure only impacts post-9/11 veterans.
During Operations Desert Shield and Desert Storm and since, burn pits were utilized in not only Iraq but also Kuwait, Oman, Qatar, United Arab Emirates, Saudi Arabia and Bahrain. During Operation Joint Endeavor in Bosnia in 1995 and 1996, burn pits were considered an operational necessity during combat operations. Since Sept. 11, 2001, burn pits have been used throughout the operations in Afghanistan and Djibouti, as well as in Iraq after March 20, 2003.
Getting Va Disability Benefits For Toxic Chemical Medical Conditions
Unfortunately, exposure to toxic chemicals is common among military veterans. There are countless ways in which you might have been exposed during your service. Our team of veterans advocates will discuss your situation with you, collect all necessary evidence, and submit thorough and compelling legal arguments on your behalf to bolster your chances of a successful outcome.
Here are a few well-known sources of toxic chemicals that have affected veterans. If you believe you were exposed to any of the following, contact Chisholm Chisholm & Kilpatrick LTD immediately so we can begin building a case on your behalf:
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Your Guide To Using My Healthevet For Veteran Healthcare Needs
Healthcare is an ever-growing field of complexities. There are carriers, plans, pharmacies, and providers to keep track of. Veterans will need to access documents, medical records, track their health, and more. Having a singular place to stay organized and access the information you need can improve your quality of life while keeping your affairs in
Toxic Exposure Issue At Military Bases Warrants Action Now
12/15/2021
Guest commentary
For nearly a century, military personnel have been victims of toxic exposure to a wide range of toxic agents, oftentimes without them even knowing.
Doing a deep dive into the history of this issue only highlights a bitter irony: Veterans who have been trained and prepared to bravely fight and face the horrors of war are now suffering or being killed by a silent and slow enemy toxic exposure. Moreover, their suffering often feels invalidated by the crushing bureaucratic process that is claiming Veterans Affairs benefits related to this issue.
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What Is Military Exposure
The concept of military exposure covers many debilitating health conditions that the VA recognizes as presumptive conditions. If a veterans time, location, and type of service meet VA requirements, it is automatically presumed that a variety of health conditions are related to the veterans time of service.
In these cases, the veteran does not need to meet the VAs typical standard of medical evidence and documentation to establish a service connection with their current medical condition. They just need their military records to prove the time and location of military service.
When it comes specifically to military exposures, the VA recognizes that U.S. veterans historically have been exposed to a spectrum of chemical, physical and environmental hazards during their time of military service. In many cases, these military exposures have led to chronic and sometimes debilitating health issues for those veterans, some not manifesting until years after the veteran has separated from service.
Based on the medical conditions most commonly associated with exposure to toxic substances, the VA can make a swift decision about whether a veterans VA disability claim meets the appropriate criteria.
Qualifying For Veterans Disability Benefits
The Veterans Disability Compensation Program provides benefits to veterans who were exposed to toxic substances while serving on active duty. However, suffering from a disabling condition does not automatically qualify a former servicemember for benefits under this program.
A veteran is responsible for establishing that their condition was a direct result of active duty service. In military base toxic exposure claims, this may include proving deployment to a place that had documented chemical issues or showing permanent or temporary duty at a base that is listed on the Environmental Protection Agencys Superfund Site list.
It is also essential to demonstrate a connection between a medical condition and exposure to toxic substances on a military base. Cancers, neurological diseases, and respiratory issues may be traceable to a former servicemembers time on military bases.
Furthermore, only veterans who were discharged from service under honorable conditions are eligible for disability benefits. A compassionate attorney can help explain how to meet the legal requirements associated with filing military base toxic exposure claims.
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