Part of why military service is so noble is because its service members put their lives at risk to protect an entire country. Some of those risks are very obvious, particularly in times of war. However, some of those risks are not as clear, particularly when service members are exposed to toxic environments and chemicals.
During the time span of 1953 to 1987, service members and their families were exposed to toxic chemicals from contaminated base wells at Camp Lejeune and Marine Corps Air Station (MCAS). Many of these individuals end up getting very sick and developing incredibly serious health conditions that have lifelong effects. These are what are known as presumptive conditions.
For more detailed information about presumptive conditions relating to Camp Lejeune and toxic water exposure, visit Dolman Law (https://www.dolmanlaw.com/camp-lejeune-water-contamination-lawsuit/presumptive-conditions/).
What Are Presumptive Conditions?
Presumptive conditions apply to any health-related condition that is caused by a person’s military service. In the case of Camp Lejeune and MCAS, there’s a very long list of presumptive conditions due to the high toxicity of contaminated water.
Previously, the VA gave more discretion to chronic conditions that developed within the year that a person left active service. However, recent legislation about the extent of damage caused by polluted water at these two stations extends the ability for someone to make a claim.
What Presumptive Conditions Pertain to Camp Lejeune?
Service members and their families that were exposed to polluted water have a set of conditions that is specific to that exposure. If any of these individuals develop at least one of the presumptive conditions, they are eligible to file a disability claim with the VA.
Some of those presumptive conditions include:
- Bladder cancer
- Liver cancer
- Kidney cancer
- Adult leukemia
- Multiple myeloma
- Non-Hodgkin’s lymphoma
- Aplastic anemia (and other myelodysplastic syndromes)
- Parkinson’s Disease
To be able to file a claim, a person also has to have an honorable discharge in order for the VA to consider allowing disability benefits.
While this points out the stipulations that the VA wants in place to file a claim, what happens if a person is denied? Believe it or not, there are eligible veterans whose claims have been denied. As unfair as it sounds and actually is, it does happen.
What To Do If Your Claim Is Denied
There have been instances where eligible veterans and service members have filed claims only to see those claims denied. One of the most popular reasons for the VA to deny these claims is refuting that the resulting illness has anything to do with Camp Lejeune or MCAS.
Another common reason for denial is when a claimant doesn’t have a medical record of a presumptive condition. It often puts a heavier burden of proof on the claimant than is legally necessary. The VA is a big machine, and service members trying to establish a successful claim can feel like a small cog. Many get tired of fighting and stop pursuing a claim that they have every right to have validated.
If you have a presumptive condition and are thinking of filing a VA disability claim, don’t get discouraged if you’re denied. Reach out and get in touch with an attorney that will help you fight for your rights.