Jonathan Sharp: VA failing Camp Lejeune veterans – Why do they have their claims rejected so often?

For nearly 35 years during the last century, the drinking water at Camp Lejeune abounded in toxic chemicals, including trichloroethylene, vinyl chloride, perchloroethylene, and benzene. As many as one million people were exposed to these harmful substances, and today, half of them are at high risk of developing crippling diseases. Two of the eight water supplies at the military base had particularly alarming concentrations of toxic chemicals. At Hadnot Point, the trichloroethylene level exceeded the safe limit by 280 times, whereas at Tarawa Terrace, the perchloroethylene level eclipsed it by 43 times. Furthermore, PFAS were also lurking in the drinking water at Camp Lejeune at a level 2,562 times over the safe limit.

While Camp Lejeune veterans struggling with diseases and health issues related to drinking toxic water at the military base should have an easy time applying for VA disability compensation, the reality is very different. The acceptance rate for Camp Lejeune claims is currently only 17%, which means few veterans obtain the VA benefits they are entitled to for their suffering.

Scotland County is home to 2,067 veterans, some of whom trained at Camp Lejeune. Jason, a former Marine from Laurinburg who spent time at the military base for almost five years, shared his experience with the VA – “As soon as I was diagnosed with stage 3 kidney disease in 2018, I made the connection between the drinking water at Camp Lejeune, as I had been aware of the diseases it can cause. Now I have stage 5 kidney disease, among other health issues. However, my VA disability claim was rejected twice due to lack of proof,” he says.

The main reason why VA seems to reject Camp Lejeune claims for no apparent reason is that, since 2012, it has been working with “subject matter experts” to evaluate the claims of veterans. Nevertheless, these medical professionals are, in fact, general and preventive medicine doctors, lacking the expertise to diagnose the complex diseases veterans develop as a result of toxic exposure. Shortly after the VA began using “subject matter experts,” the approval rate for Camp

Lejeune claims dropped even further, from 25% to only 5%. In spite of this, the VA is adamant their medical professionals have “appropriate credentials” and underwent four hours of training on the health issues associated with the toxic water at Camp Lejeune.

Even worse, according to the department’s top watchdog, last year, the VA mishandled nearly 40% of disability claims filed by Camp Lejeune veterans, denying, or delaying benefits for over 21,000 affected individuals. Moreover, of the 57,500 claims filed since 2017 for diseases related to water contamination at the military base, the VA denied 17,200 “prematurely” instead of requesting additional information, according to a report by the VA Office of Inspector General. Finally, claims filed by another 2,300 veterans were assigned incorrect dates, denying these brave people nearly $14 million in retroactive payments, according to the inspector general. The number of Camp Lejeune claims has risen in the last seven years from 1% to 63%.

A glimmer of hope for veterans suffering from terrible diseases such as cancer might be the Camp Lejeune Justice Act, which became law on August 11, 2022. Under this bill, not only veterans, but everyone who lived at the military base, including family members and civilians, can file a lawsuit with the U.S. government to receive financial compensation for their illnesses. Nonetheless, veterans are entitled to compensation under the Camp Lejeune Justice Act and from the VA in disability compensation. To avoid having their claims rejected by the VA, veterans should work with a claim’s agent or a Veterans Service Officer. These professionals have the necessary knowledge and experience to assist them in their endeavors.