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[2023 Guide] How To File VA Claims for Exposure to AFFF
Use the chatbot on this page to find out if you qualify to file an AFFF Lawsuit.
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Toxic Torts
» [2023 Guide] How To File VA Claims for Exposure to AFFF
Last Updated: August 27th, 2023
Victims May Be Eligible to File VA Claims for Exposure to AFFF and AFFF Firefighting Foam Lawsuits
On this page, we’ll discuss the steps to filing VA claims for exposure to AFFF, an overview of the VA disability benefits claims process, the evidence needed to qualify for an AFFF lawsuit, the current status of the AFFF firefighting foam lawsuit, and much more.
Exposure to PFAS chemicals in AFFF firefighting foam has been linked to cancer and several other severe health problems.
AFFF firefighting foam was extensively used in military settings.
AFFF was used during training exercises, on flight-decks, at military airports, and in other applications to put out highly flammable liquid fires.
Military veterans may be entitled to VA compensation or disability benefits as well as being qualified to file firefighting foam lawsuits.
If you or a loved one worked as a military firefighter or were exposed to firefighting foam during military service and subsequently developed cancer or other serious health problems, you may be eligible to claim VA compensation and file an AFFF firefighting foam lawsuit.
Contact TorHoerman Law for a free consultation.
You can also use the chatbot on this page to find out if you qualify for a firefighting foam lawsuit instantly.
Our law firm is staffed with expert AFFF lawyers ready to help you seek financial compensation for AFFF exposure related illnesses and injuries.
We are dedicated to helping people harmed at no fault of their own.
Reach out to us for more information and to find out if you qualify for the AFFF Lawsuit.
Aqueous film forming foam (AFFF), also known as class-B firefighting foam, is used to extinguish highly flammable fires started by materials like jet fuel, gasoline, oil, and other liquids.
Many brands of aqueous film forming foam (AFFF) are manufactured using PFAS chemicals.
PFAS chemicals, also known as “forever chemicals”, are highly toxic chemicals that do no break down in the human body and environment.
AFFF exposure has been linked to a variety of cancers and other health problems.
The Environmental Protection Agency (EPA) has raised awareness on PFAS contaminated drinking water impacting communities around the United Staes.
Municipal water contamination cases have also been filed against AFFF/PFAS manufacturers for environmental damage.
There is not an AFFF Class Action Lawsuit for injuries and cancers linked to firefighting foam exposure.
Rather, firefighting foam lawsuits are consolidated into multidistrict litigation (MDL).
MDLs are different from class action lawsuits: a potential settlement would be divided amongst plaintiffs according to the facts and damages of their individual cases.
In a class action lawsuit, a potential settlement would be divided evenly amongst all plaintiffs regardless of the individual factors of each case.
MDL is a special federal legal procedure designed to speed up mass tort lawsuits and ensure consistent decision making in lawsuits that generally allege the same things.
The AFFF firefighting foam MDL is consolidated in the US District Court for the District of South Carolina.
Many law firms refer to the AFFF Lawsuits as the “AFFF Class Action MDL” or the “AFFF Class Action Lawsuit”, but these terms are incorrect.
AFFF firefighting foam lawsuit settlements depend on a number of factors.
A successful AFFF firefighting foam lawsuit will present detailed information on exposure to firefighting foam, medical bills and records outlining treatment, and more to validate the claim.
These factors will determine an adequate settlement amount for a given AFFF lawsuit.
No settlements have been reached in the AFFF litigation as of yet, but lawyers estimate that AFFF lawsuit settlement amounts may fall between $40,000 to $300,000 or more depending on the strength of the case and other individual factors.
These settlement figures are by no means a guarantee of financial compensation in the AFFF Lawsuit, they are merely projections based on knowledge of prior mass tort cases and settlements for cancer diagnosis.
Aqueous film forming foam was used in a number of industries.
Occupational exposure to PFAS containing firefighting foam has been reported in the following:
Military firefighters
Airport firefighters
Flight deck workers
Other military personnel
Civilian firefighters
Chemical plant workers
Workers responsible for transporting or disposing of AFFF
Former firefighters, military veterans and retired workers exposed to AFFF during their employment or service may be eligible to join the AFFF MDL and seek financial compensation for related illnesses and injuries.
AFFF Lawsuits for Military Firefighters and Personnel: Can You File Lawsuits and Disability Benefits for AFFF Exposure?
Former military firefighters and other military personnel exposed to firefighting foam may be eligible to both claim VA disability compensation and also file firefighting foam cancer lawsuits against the companies who produced the chemicals they were exposed to.
AFFF firefighting foam lawsuits are filed against the manufacturers of these products, which include:
3M
DuPont
Chemours
Tyco Fire Products
Several other AFFF manufacturers
If you were exposed to toxic firefighting foam products during your military service, you may be able to file an AFFF Lawsuit as well as claims for VA disability compensation.
We are here for you during this trying time.
Get in touch with us now and let our experienced firefighting foam cancer lawyers represent you in your AFFF litigation.
An Overview of the VA Disability Benefits Claims Process
Successfully navigating the VA claims process for exposure to AFFF firefighting foam requires a comprehensive understanding of the necessary steps.
By familiarizing yourself with this process, you can effectively pursue the VA benefits you deserve.
In this section, we outline each of the steps you must take to file VA claims.
Filing Your Initial Claim
You can initiate the claims process by filing your initial claim with the Department of Veterans Affairs.
The initial claim involves submitting a formal application.
The application must contain documents that prove and detail your AFFF and PFAS exposure.
The application must also contain documents stating that you’ve developed cancer or other related illnesses from exposure to PFAS.
After submitting your claim, the VA will initiate the development of your case.
They will gather relevant evidence to support your claims such as medical records and military service records.
During this stage, be proactive in assisting the VA.
You can aid the VA by providing any additional documentation or information they may request.
Claim Review
Once you have submitted your initial claim and the VA has gathered all the necessary evidence, your case will undergo review.
During this stage, a claims examiner will assess the evidence and documentation provided to determine the validity of your claim.
This review process aims to ensure that all relevant information has been considered before reaching a decision.
The review and decision stage can take varying amounts of time.
The processing time can depend on factors such as the complexity of your case, the workload of the VA, and any additional information or evidence that may be required.
For the most part, it can take the VA as long as 103 days to review your claim.
For this reason, you may have to remain patient and follow up with the VA periodically to inquire about the status of your disability compensation claim.
Decision
When the review is complete, the VA will issue a decision regarding your claim.
This decision can fall into one of three outcomes.
If the VA approves your claim, you will be notified of the benefits you are entitled to receive.
These benefits may include compensation for your medical expenses, disability ratings, and other support services.
In the event of a denial, the VA will explain its decision.
They will outline the reasons for the denial and may request additional information or evidence to substantiate your claim.
It is important to carefully review the denial letter and understand the basis for the decision.
Besides approving or denying your claim, the VA may ask for additional information to make a final decision.
They may request additional evidence like clarification, medical evaluations if you’ve developed cancer, or supporting documents to further support your claim.
It is crucial to promptly respond to these requests and provide the necessary information to assist in the resolution of your claim.
Regardless of the decision reached, it is crucial to thoroughly review the VA’s communication and understand the next steps involved.
If your claim is denied or you disagree with the decision, you have the right to appeal.
Appeal
You have a right to appeal the decision if you disagree with it.
The appeals process allows you to present additional evidence, argue your case, and seek a reconsideration of the VA’s decision.
Often, victims will still encounter denials, despite presenting sufficient evidence during the appeals process.
If this sounds like your situation, know that we’re here for you.
Our experienced firefighting foam lawyers are representing prostate cancer, testicular cancer, and kidney cancer victims in AFFF firefighting foam lawsuits.
Reach out now if you’ve been denied your AFFF exposure disability benefits and are interested in filing a firefighting foam cancer lawsuit.
Who Is Eligible To Make a VA Disability Compensation Claim for AFFF Firefighting Foam Exposure?
The first step to filing your claim is knowing whether or not you’re eligible to do so. Here are the eligibility criteria you must meet to file your claim.
Service Connection Criteria
To be eligible for VA benefits, you must have served on active duty in the military.
Active service means being on active duty in any branch of the armed forces during your exposure.
Besides being on active service, you must also prove that exposure occurred during your time in the military.
You can establish your exposure to PFAS and AFFF firefighting foam through reports, medical records, and other documents showing your involvement in firefighting operations or fire suppression training exercises.
Health Problems from PFAS Exposure
The VA recognizes that PFAS exposure may be linked to several health problems and cancers.
To establish the presence of AFFF-caused health problems, medical records containing your cancer diagnosis will be requested by the VA.
However, you must also establish a clear link between your exposure to AFFF firefighting foam and the specific health conditions you are experiencing.
Discharge Status
Generally, individuals with an honorable discharge are eligible for VA benefits.
However, even those with other discharge statuses may still be eligible under certain circumstances.
What Evidence is Needed for VA Disability Compensation Claims?
Evidence can go a long way in ensuring that you get the disability compensation you deserve.
Also, evidence will come in handy if you are filing an AFFF firefighting foam lawsuit alongside claiming VA disability compensation.
Medical Records
Medical records help to verify and prove your injuries and illnesses from exposure to PFAS chemicals.
Besides that, medical records are also essential in establishing the true severity of your illness.
When gathering and retaining medical records, you can include medical diagnoses, treatment records, and test results showing that you developed cancer from AFFF firefighting foam.
Expert opinions from medical professionals may also be useful in your claim.
In particular, statements from medical professionals who are familiar with the link between AFFF exposure and specific health conditions can help bolster your claims.
Medical documentation and other evidence like statements of experts and medical professionals can help prove the link between your exposure to aqueous film-forming foam (AFFF) and your diagnosis.
Military Service Records
Military firefighters and personnel are among those most exposed to AFFF fire fighting foam.
Recognizing this, the VA will only entertain claims from victims belonging to this affected group.
To prove that you are among those affected, gather military service records that establish and demonstrate your involvement as a firefighter.
This can include duty assignments, training records, deployment history, and performance evaluations.
Additional evidence that verifies your exposure to AFFF firefighting foam during your military service is also important.
This can include incident reports, training materials referencing AFFF, or witness statements.
Additional Supporting Evidence
Statements from fellow military firefighters and personnel can attest to your exposure to AFFF.
Also, any additional documentation can help support your claim.
Additional evidence can include photographs, videos, or any records related to AFFF use.
Along with the other pieces of evidence you have, any additional evidence can strengthen your case and get you a step closer to compensation — whether it’s a VA disability compensation payout or a firefighting foam lawsuit settlement.
Steps for Filing a VA Disability Compensation Claim
Here are the steps for filing your disability compensation claim with the VA.
1. Consult an Experienced Firefighting Foam Attorney
Before initiating the VA claims process, it’s recommended to seek legal assistance from an attorney who’s experienced in AFFF foam lawsuits. Firefighting foam attorneys can provide valuable guidance, explain your rights, and help you navigate the complexities of the process.
2. Gather Relevant Documentation
Collect all pertinent documentation related to your military service and AFFF exposure.
This includes military records, incident reports, medical records, and any other evidence that establishes your exposure and links it to your health conditions.
3. File an Initial Claim
If you decide to work with an attorney, they will help you to complete and submit the necessary forms to file an initial claim with the VA.
Provide detailed information about your AFFF exposure, health conditions, and any supporting documentation you have gathered.
4. Review and Respond to VA Requests
Throughout the claims process, the VA may request additional information or clarification regarding your claim.
Promptly respond to these requests and work closely with your attorney to ensure that all necessary information is provided.
5. Review the VA Decision
Once the VA has reviewed your claim, they will issue a decision.
Review the decision letter carefully, ensuring that all relevant details and explanations are understood.
5. Appeal if Necessary
If your claim is denied or you disagree with the decision, you can appeal.
An experienced attorney can help guide you through the appeals process and help gather additional evidence, present arguments, and attend hearings to advocate for your case.
Important: You Can Still File an AFFF Foam Lawsuit Even After You File for VA Benefits
Regardless of the decision the VA issues you or if you have not yet filed for VA disability, you may still be eligible file an AFFF firefighting foam cancer lawsuit.
Find out if you qualify to join the AFFF litigation today.
TorHoerman Law is reviewing AFFF firefighting foam cases and assessing potential clients’ eligibility to join the AFFF Litigation.
Our law firm is dedicated to representing people harmed at no fault of their own.
If you or a loved one were exposed to toxic firefighting foam and subsequently developed cancer or other related health problems, you may be eligible to file an AFFF Lawsuit.
Contact TorHoerman Law for a free consultation.
You can also use the chatbot on this page to find out if you qualify for the AFFF Firefighting Foam Lawsuit instantly.
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