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VA Benefits Camp Lejeune Lawsuit: Will Filing Affect Me? [2023 Guide]

  • January 22, 2023
  • Toxic Torts
  • » VA Benefits Camp Lejeune Lawsuit: Will Filing Affect Me? [2023 Guide]

VA Beneifts Camp Lejeune Lawsuit Overview

After a tumultuous journey, a new statute expanding medical benefits and services for veterans exposed to toxins was signed into law by President Joe Biden on August 10.

Under bipartisan support, the Honoring our PACT Act of 2022 took over a year to make it through the legislative process. Specifically, the Camp Lejeune Justice Act was merged into the Honoring Our PACT Act.

VA Benefits Camp Lejeune Lawsuit - Will Filing Affect Me [2022 Guide]

This law allows for veterans exposed to contaminated water at the North Carolina base, Camp Lejeune, to sue the government and recover damages from their resulting adverse health effects.

In essence, the law allows for compensation to families of Marines stationed at Camp Lejeune who lived, as well as civilians and staff members who worked, at the base between 1953 and 1987 and developed certain injuries.

TorHoerman Law has already filed hundreds of claims for veterans.

Frequently Asked Questions

As attorneys in these cases, one of the most common questions we receive from our clients is:

“If I file this lawsuit, will I lose my VA benefits?”

The short answer is no.

The Camp Lejeune Justice Act of 2022 and the U.S. Department of Veterans Affairs recognize this potential overlap and work side by side to maximize your potential recovery.

To best explain this and help you understand why your VA benefits will not be lost, we have detailed 2 possible scenarios in the sections below.

Camp Lejeune Water Contamination Lawsuit
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Camp Lejeune Water Contamination Lawsuit

Table of Contents

1. You were previously denied VA benefits in connection with your toxic exposure at Camp Lejeune

You were previously denied VA benefits in connection with your toxic exposure at Camp Lejeune

Under the new law, you may have a new opportunity for justice.

One of the purposes of the Camp Lejeune Justice Act of 2022 is to help those who were denied benefits in the past.

Thus, previous VA denials do not bar you from filing suit.

2. You are currently receiving benefits from the United States Department of Veteran Affairs

Here, the Camp Lejeune Justice Act of 2022 could allow you the chance to recover for damages that your VA benefits do not cover, like pain and suffering and loss of income.

You are currently receiving benefits from the United States Department of Veteran Affairs

Specifically, the Camp Lejeune Justice Act of 2022 states:

  • “Any award made to an individual, or legal representative of an individual, under this section shall be offset by the amount of any disability award, payment, or benefit provided to the individual, or legal representative— under [the Secretary of Veteran Affairs, Medicare, and/or Medicaid].”

Thus, the law is structured so that you could be compensated for certain harms you suffered (physical, mental, financial), then reduce that amount by whatever the VA has paid you in benefits.

But in no way, would the VA stop providing you the benefits you are already receiving.

Further, if your VA benefits result from injuries that are in no way connected to the injuries you sustained from exposure at Camp Lejeune, an offset may not be applicable.

If you have any questions or concerns, do not hesitate to reach out to the attorneys at TorHoerman Law.

Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law

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Disclaimer: The contents of this webpage have been prepared by TorHoerman Law, LLC for informational purposes only. None of this information is intended as either legal or medical advice or opinions. No attorney/client relationship is established with use of this website. Sending or receiving information through this site, posting to our blogs/news site does not establish an attorney/client relationship. An attorney/client relationship with TorHoerman Law is established only by an express and written agreement by TorHoerman Law to represent you. Our attorneys make a case-by-case assessment of any claims and results may vary depending on the facts concerning any case. The attorneys at TorHoerman Law are licensed to practice in Illinois, Missouri, and California. In some circumstances, cases may be sent to other qualified lawyers. In those circumstances, TorHoerman Law maintains joint responsibility.

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