An Entire Decade of Benefits Denial for Vets After Toxic Chemical Exposure?

American veterans poisoned at Camp Lejeune can finally seek justice, thanks to a new law.

By Jonathan Sharp, Independent Media Institute

6 min read

Camp Lejeune, a military base in Jacksonville, North Carolina, was established in 1942 to train future Marines for World War II. While it is known as the home of “Expeditionary Forces in Readiness,” the facility also has a long history of contamination with toxic chemicals such as perchloroethylene, vinyl chloride, trichloroethylene, and benzene. In 1982, volatile organic compounds—gasses released by these solvents—were found at Camp Lejeune.

Furthermore, since 1966, military firefighters and trainees have been using the fire suppressant known as Aqueous Film Forming Foam (AFFF) to extinguish jet fuel and petroleum fires, which only worsened pollution. This firefighting foam contains PFAS, a group of over 5,000 dangerous substances often dubbed “forever chemicals,” in a concentration of up to 98 percent. With each use, AFFF contaminates the environment with these chemicals. Some take over a thousand years to break down, hence their nickname.

The highest PFAS level at Camp Lejeune was 170,000 parts per trillion, which exceeds the safe exposure limit by 2,450 times. Currently, at least 14 sites of Camp Lejeune where these chemicals lurk, despite the relentless cleanup endeavors of the Environmental Protection Agency and the Navy. Because PFAS are extremely difficult to remove from the environment, the military base is expected to be completely safe within a few decades.

In 1985, the greatest trichloroethylene level was 280 times over the safe exposure limit, whereas the highest perchloroethylene level eclipsed the safe exposure limit by 43 times. The dry-cleaning firm ABC One-Hour Cleaners was responsible for perchloroethylene contamination. As for the other industrial solvents, they ended up polluting Camp Lejeune as a result of the military recklessly using these chemicals to clean weapons and equipment.

Exposure to toxic chemicals may cause debilitating health problems, including liver cancer, renal toxicity, prostate cancer, leukemia, female infertility, pancreatic cancer, and scleroderma. Between 1953 and 1987, roughly one million people lived at Camp Lejeune, and all had a high risk of developing severe disease. Until recently, veterans affected by toxic exposure could only receive benefits from the U.S. Department of Veterans Affairs (VA). Today, due to the Camp Lejeune Justice Act, they can also obtain financial compensation from the U.S. government.

VA Keeps Rejection Rate High for Camp Lejeune Vets

The VA had been aware of the horrific diseases veterans might contract at Camp Lejeune since the beginning. Still, it was only in 2012 that Congress passed the Honoring America’s Veterans and Caring for Camp Lejeune Families Act. This comprehensive, bipartisan legislative package was meant to grant veterans and family members who lived at the military base access to better healthcare, education, housing, and memorial services, as well as disability, social security, and indemnity compensation.

A decade ago, veterans were able to file disability compensation claims for health problems stemming from toxic exposure at military bases. Nevertheless, the VA began using alleged “subject matter experts” in 2012 to review these cases. Recently, the fact that these “experts” were nothing but general and preventive doctors with no proper expertise in assessing the complex afflictions Camp Lejeune veterans were struggling with came to light. Due to their lack of knowledge, the claim approval rate abruptly plummeted from 25 percent to only 5 percent.

In 2017, the VA deemed eight diseases as presumptive conditions resulting from Camp Lejeune’s toxic contamination, slightly increasing the claim approval rate to roughly 17 percent over the last decade. Nonetheless, this is still below the former average, and thousands of veterans suffering from terrible diseases are regularly denied the compensation and healthcare services they deserve. While veterans acknowledged the significance of this minor improvement, they believed the list should include a broader range of health problems.

Currently, the VA’s list of health issues related to toxic exposure at Camp Lejeune includes the eight presumptive conditions, but also 15 conditions for which veterans and family members will receive financial compensation to cover the costs of their healthcare and treatment. Filing a claim for VA disability compensation as a Camp Lejeune veteran is significant. After a medical evaluation, those assigned a 100 percent disability rating will receive monthly compensation of over $3,000. Additionally, veterans impacted by toxic exposure can now obtain financial compensation from the U.S. government due to the Camp Lejeune Justice Act.

How the Camp Lejeune Justice Act 2022 Can Help Veterans Impacted by Toxic Exposure

On March 26, 2021, Representative Matt Cartwright (D-PA) introduced the Camp Lejeune Justice Act bill. The goal of the bill is to allow veterans, military families, and civilians who lived at the military installation between August 1, 1953, and December 31, 1987, for at least one month to seek reparations outside the Department of Veterans Affairs. Furthermore, the Camp Lejeune Justice Act prohibits the U.S. government from asserting immunity from litigation in response to the claims filed by toxic exposure victims.

“When we send our men and women overseas, we make a promise to care for them when they come home. We failed our veterans […], and it is up to us to make it right. Our bipartisan bill […] eliminates burdensome red tape to ensure that those exposed to toxic chemicals, including servicemembers, Marine dependents, civil servants, and contractors, can receive their day in court,” said Representative Greg Murphy (R-NC), a supporter of the Camp Lejeune Justice Act. To put it differently, the bill enables veterans to exercise their constitutional right to legal recourse.

On August 2, 2022, the Senate voted to pass the bill with a final vote of 86-11. Nine days later, President Joe Biden signed the Camp Lejeune Justice Act into law. The bill is now part of the Honoring Our PACT Act, which is meant to improve healthcare access and funding for veterans exposed to toxic substances during their military service. According to the Camp Lejeune Justice Act, the U.S. District Court for the Eastern District of North Carolina has exclusive jurisdiction over any claim filed by toxic exposure victims.

“After years of commitment to this issue, I am grateful that my colleagues on both sides of the aisle agreed to pass this crucial legislation so that poisoned Camp Lejeune veterans can finally seek justice,” said Rep. Cartwright. It is worthy of note that punitive damages will not be awarded in any lawsuit under this new law. Therefore, veterans struggling with health problems caused by toxic exposure at Camp Lejeune can only receive financial compensation from the federal government. The settlement payout ranges between $25,000 and $1 million, depending on the severity of the plaintiff’s diagnosis.

Before the Camp Lejeune Justice Act became law, veterans could only receive disability compensation and healthcare benefits from the Veterans Affairs, while civilians had no right to legal recourse. The cost of treatment for the crippling diseases toxic exposure victims suffer from is exceptionally high—for instance, people with thyroid cancer usually have to pay up to $40,000 for surgery. Consequently, veterans and civilians who spent time at Camp Lejeune have been struggling financially. Even though money will not cure most of the health issues toxic exposure victims develop, the financial compensation they can obtain will be of tremendous help.

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Jonathan Sharp is the chief financial officer at Environmental Litigation Group, PC. Headquartered in Birmingham, Alabama, the law firm specializes in toxic exposure cases for veterans and their families.

Earth | Food | Life (EFL) explores the critical and often interconnected issues facing the climate/environment, food/agriculture, and nature/animal rights, and champions action; specifically, how responsible citizens, voters, and consumers can help put society on an ethical path of sustainability that respects the rights of all species who call this planet home. EFL emphasizes the idea that everything is connected, so every decision matters.

Click here to support the work of EFL and the Independent Media Institute.

Questions, comments, suggestions, submissions? Contact EFL editor Reynard Loki at [email protected]. Follow EFL on Twitter @EarthFoodLife.

The Plastic Crisis: 4 Key Reads From Earth | Food | Life

More than an eyesore: Plastic trash collected on a remote stretch of coastline in Rekvik, Troms Fylke, Norway. “Global consumers now use a million plastic bottles every minute, 91 percent of which are not recycled,” writes Earth | Food | Life reporter Mary Mazzoni on Truthout. “The staggering 9.2 billion metric tons of plastic produced since the 1950s isn’t going anywhere anytime soon.” (Photo credit: Bo Eide/Flickr)

The plastic crisis is so overwhelming that it’s hard to fathom. Researchers estimate that more than 5.25 trillion pieces of plastic are floating on the surface of the world’s oceans. Scientists even found plastic fibers in 100 percent of tiny marine organisms called amphipods that were collected in the Mariana Trench, the deepest part of the ocean—some seven miles beneath the surface of the western Pacific. And plastic isn’t just threatening wildlife and marine ecosystems on a global scale. A growing body of evidence is revealing that it is also harming our health. Adding to the worry is the fact that the vast majority of plastic isn’t even recycled.

Through the work of its writing fellows, reporters and expert guest contributors, Earth | Food | Life has been covering the global plastic crisis from multiple angles. Mary Mazzoni explores the complex and frustrating reality of recycling plastic. Lorraine Chow examines the impact our plastic trash has on wildlife. Robin Scher investigates how plastic endangers human health. Lydia Chodosh offers ways that you can help leave the world less cluttered with plastic trash.

Scroll down for excerpts.…

Mary Mazzoni on Truthout: Around two-thirds of the plastic that enters the ocean from rivers is carried by only 20 waterways—the majority of which is on the Asian continent, where access to waste collection and recycling is often limited. But even in countries with established waste management infrastructure, the picture remains bleak: Less than 10 percent of the plastic used in the United States is recycled. (12 min read: The Complex and Frustrating Reality of Recycling Plastic)

Deadly diet: This Laysan albatross chick starved to death because his parents fed him too much plastic flotsam, which filled his stomach, creating a feeling of being full when in actuality he was getting no nutrition. (Photo credit: Duncan/Flickr)

Lorraine Chow on EcoWatch: In 2015, a study by Australian and British scientists determined that 90 percent of seabirds living today have ingested some form of plastic, mistaking it for food. If plastic consumption continues at its current rate, 99 percent of seabirds will carry plastic in their guts by 2050. Only 9 percent of plastic is recycled and 12 percent is incinerated, leaving the vast majority of plastic waste accumulating in landfills or in the natural environment. (9 min read: 99% of Seabirds Will Have Plastic in Their Guts Within Decades)

Robin Scher on Salon: Modern living has made it so that there’s no escaping contact with plastic—and the various extra chemicals it contains. Take Bisphenol A (BPA), which gives plastic its shape and structure, and the phthalates that make plastic soft and flexible. We end up ingesting a fair amount of these chemicals when plastic comes into contact with our food or even our skin. In turn, this affects our hormone levels, which is why, for the most part, chemicals such as BPA are heavily regulated. There is a growing body of research showing that exposure to industrial chemicals commonly found in plastics may help contribute to metabolic disorders like obesity and diabetes. (9 min read: Plastic Is Probably Harming Your Health—Here’s How)

Lydia Chodosh on AlterNet: However much you may hope they’re recyclable, those disposable coffee cups and greasy pizza boxes aren’t going to make the cut. Neither are plastic bags. Not only are they notorious for killing wildlife, but they also constantly gum up multimillion-dollar machinery at recycling plants. In fact, materials of this sort can contaminate a whole load, making it challenging, if not impossible, to find buyers interested in repurposing what’s been broken down. (6 min read: Want to Leave the World Less Cluttered? Stop Relying on Recycling and Do This Instead)

Earth | Food | Life (EFL) explores the critical and often interconnected issues facing the climate/environment, food/agriculture and animal/nature rights, and champions action; specifically, how responsible citizens, voters and consumers can help put society on an ethical path of sustainability that respects the rights of all species who call this planet home. EFL emphasizes the idea that everything is connected, so every decision matters.

Click here to support the work of EFL and the Independent Media Institute.

Questions, comments, suggestions, submissions? Contact EFL editor Reynard Loki at [email protected]. Follow EFL on Twitter @EarthFoodLife.

Take Action Tuesday: Speak up for Children, Communities of Color, Rainforests and Gray Wolves

Food for thought: One in five children live in poverty, and they rely on school lunches to meet some or all of their nutritional needs. (Photo credit: National Institutes of Health)

S.E. Smith, Truthout: More than 12 million children in the U.S. experience food insecurity — and that doesn’t just mean they don’t always know when their next meal is. The backpack program, which is often administered through a food bank that partners with a school, is just one tactic being used by advocacy groups and schools to combat hunger and poverty.
>>>Fight child hunger this winter by supporting a backpack program.

Rainforest Rescue: Policymakers and industries in more than 20 countries have signed on to a “Biofuture Platform” that would use biofuels, bioplastics and biomaterials as an alternative to fossil fuels. The consequences for land, food production, ecosystems and human rights would be dire.
>>>Urge governments to reject the misguided Biofuture Platform and embrace real solutions such as reducing consumption, protecting ecosystems and promoting agroecology instead.

Ju-Hyun Park, 350.org: In 2014, after years of grassroots organizing, Governor Andrew Cuomo bowed to public pressure and banned fracking in the state of New York. But that hasn’t stopped the progress of a massive new fracked gas infrastructure project — the Williams Northeast Supply Enhancement Pipeline, which would stretch along the floor of New York Harbor for 23 miles, passing by Staten Island, Coney Island, just 4 miles south of the Rockaways. There’s no new demand for the gas that this pipeline would carry, and it endangers coastal communities, most of which are low-income communities of color.
>>>Tell Governor Cuomo to stop the Williams Pipeline.

Kevin Mathews, Care2: The House of Representatives passed a bill to remove protections from the gray wolf in the U.S, which would allow hunters and landowners to shoot the wolves at whim. Before these protections were instituted, the gray wolf was nearly wiped out entirely in the same way. The measures taken have helped the wolves to rebound to over 5,000, which is still way under what the population used to be. Although they may not be considered “endangered” anymore, reviving hunting is a recipe for decimating the population all over again.
>>>Urge Senate Energy & Natural Resources Chair Lisa Murkowski and the U.S. Senate to reject this bill .

Patagonia: Tasmania’s takayna/Tarkine is a 495,000-hectare region in northwestern Tasmania and one of the last undisturbed tracts of ancient rainforest in the world. The area is a crucial habitat for sixty of Tasmania’s rare and endangered species including the Tasmanian giant freshwater crayfish, the Tasmanian wedge-tailed eagle and the iconic Tasmanian devil. Despite its immense ecological and cultural value, it remains unprotected and at the mercy of destructive extraction industries, including logging and mining.
>>>Urge Tasmanian State Premier Will Hodgman to nominate takayna/Tarkine for World Heritage protection to protect it from extractive industries.

The Hunger Site: The fast fashion industry promotes cheaply made products that are “in style” for a single season, and then pushes out the next style as fast as the first. It is the second greatest pollution-causing industry on the planet and a huge exploiter of women and children.
>>>Tell the CEOs of Zara, H&M and Forever 21 to stop exploiting people and harming the planet by buying low-quality goods from unethical suppliers.

PETA: Since 2017, Johns Hopkins University experimenter Shreesh Mysore has received more than $800,000 in tax-funded grants from the National Institutes of Health (NIH) to conduct cruel and useless tests on barn owls, in which he restrains the birds, cuts into their skulls and inserts electrodes into their brains — even though the evidence is overwhelming that data from experiments on animals can’t be reliably applied to humans.
>>>Urge NIH not to squander taxpayer dollars on Mysore’s cruel and worthless experiments and instead to redirect funds to modern, superior, non-animal research methods.

Parting thought…

“It is one thing to show a man that he is in error, and another to put him in possession of the truth.” —John Locke

Earth | Food | Life (EFL) explores the critical and often interconnected issues facing the climate/environment, food/agriculture and animal/nature rights, and champions action; specifically, how responsible citizens, voters and consumers can help put society on an ethical path of sustainability that respects the rights of all species who call this planet home. EFL emphasizes the idea that everything is connected, so every decision matters.

Click here to support the work of EFL and the Independent Media Institute.

Questions, comments, suggestions, submissions? Contact EFL editor Reynard Loki at [email protected]. Follow EFL on Twitter @EarthFoodLife.