VA Benefits Camp Lejeune Lawsuit: Will Filing Affect Me? [2022 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 – October 2022 Update
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Camp Lejeune Water Contamination Lawsuit – October 2022 Update

Table of Contents

1. 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.

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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CLIENT REVIEWS

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Tom Lewis

TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.

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Jordan Terry

TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.

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