VA Benefits for Female Infertility Caused by Camp Lejeune Toxic Exposure
Female infertility and miscarriage have been linked to toxic exposure at Camp Lejeune thanks to the findings of both human and animal fertility studies. For eligible veterans or family members who have experienced miscarriage or been diagnosed with female infertility, the Camp Lejeune Families Act of 2012 and the Camp Lejeune Justice Act of 2022 provide legal avenues to sue for financial compensation and healthcare assistance.
The main toxic chemicals found at Camp Lejeune were trichloroethylene (TCE), perchloroethylene (PCE), benzene, and vinyl chloride, the latter two of which have the greatest impact on female fertility and infant health. These and other toxins leaked into the water supply from the area’s two water treatment plants. Given the prevalence of these chemicals in the water supply, service members and their family members who were stationed there were put at a heightened risk of several serious medical conditions.
In addition to several animal fertility studies that show a negative relationship between TCE exposure and fertility, the Agency for Toxic Substances and Disease Registry (ATSDR) released a comparative study that showed a significant link between Camp Lejeune toxic exposure and female infertility, miscarriages, and birth defects. This helped drive the decision to include female infertility as one of the conditions considered for compensation under the current laws.
Eligibility for Healthcare Benefits and Financial Compensation
Veterans and their family members who have experienced miscarriage or been diagnosed with female infertility due to Camp Lejeune toxic exposure must meet two criteria.
First, service members and their family members (including children who were in utero) must have been stationed at or near Camp Lejeune or the nearby Marine Corp Air Station (MCAS) New River for a period of no fewer than 30 days between August 1, 1953 and December 31, 1987.
Second, you must have proof of a diagnosis for your female infertility, or have strong medical evidence showing that a miscarriage has been attributed to toxic exposure. It is crucial for a successful claim that you meet both of these criteria and diligently collect medical records to back up your claim.
VA Healthcare Benefits for Conditions Linked to Camp Lejeune Toxic Exposure
The Camp Lejeune Families Act of 2012 places female infertility on a list of conditions that have been linked to this toxic exposure, and for which veterans may apply for cost-free healthcare from VA. For the conditions listed below, there is no copay if you go through VA health care.
Female infertility does not, however, belong on the list of presumptive conditions associated with Camp Lejeune toxic exposure. If you wish to pursue a service connection and disability benefits from VA for infertility, you must do so according to the regular VA disability claims process.
The full list of conditions for which VA will cover out of pocket healthcare expenses, and SOME of which VA will consider for presumptive service connection, include:
- Esophageal cancer
- Breast cancer
- Kidney cancer (presumptive)
- Multiple myeloma (presumptive)
- Renal toxicity
- Female infertility
- Scleroderma
- Non-Hodgkin’s lymphoma (presumptive)
- Lung cancer
- Bladder cancer (presumptive)
- Leukemia (presumptive)
- Myelodysplastic syndromes (presumptive)
- Hepatic steatosis
- Miscarriage
- Neurobehavioral effects
File a Lawsuit According to the Camp Lejeune Justice Act of 2022
The Camp Lejeune Justice Act of 2022 offers another way to pursue financial compensation for harm caused by toxic exposure. This act was part of the Honoring Our PACT Act, an influential package of laws that primarily focused on improving care and compensation for service members affected by toxic exposure.
This law allows you to file suit against the United State government for appropriate relief against harm caused by toxic exposure at Camp Lejeune. Financial renumeration is not limited to healthcare costs, but takes into account the complete effect of the toxic exposure to your life and livelihood. You can, for instance, file suit to make up for lost wages, potential losses, retirement savings, and other financial losses.
In cases of female infertility or miscarriage (as with other conditions), you can file suit for pain and suffering, trauma associated with your condition, PTSD, loss of consortium, loss of companionship and comfort, loss of enjoyment of life, or any other related negative effect on your psychological well-being.
Eligibility for a Camp Lejeune lawsuit is open to civilians as well as service members and their family members. Anyone who may have been affected by Camp Lejeune toxic exposure may file suit to seek restitution for financial losses and pain and suffering on top of medical expenses.
Camp Lejeune Lawsuits and VA Disability Compensation
It should be noted that VA assures veterans that filing a lawsuit under the Camp Lejeune Justice Act will in no way affect your eligibility for VA disability compensation or other financial compensation.
The one caveat to this rule is that, if you should win suit against the government, your financial reward from that lawsuit may take into account any other compensation you have previously received, or are currently receiving from, VA. in other words, there is no double-dipping to receive compensation to alleviate suffering from the same issue.
Assistance With Your Claim
Miscarriage and female infertility can be painful and emotionally devastating situations to handle. It’s a small comfort that the current laws allow for some form of restitution. If you meet the eligibility criteria to pursue healthcare compensation from VA or financial compensation from the US government, the Camp Lejeune Justice Act and Camp Lejeune Families Act provide the way forward.
VA Disability Group PLLC is on hand to help you build your claim and file suit for the compensation you deserve. Contact us at 844-VET-LAWS or write to us online today to start the process.
