Toxic Exposure
Toxic Exposure

Navigating the Path to Compensation for Toxic Exposure in the Military

August 5, 2024
3 mins read

Veterans’ health has been seriously affected by exposure to Aqueous Film-Forming Foam (AFFF). It’s a firefighting foam that is widely used in the armed forces. The Department of Veterans Affairs (VA) claims that the per- and poly-fluoroalkyl substances (PFAS) in AFFF cause serious health issues. Possibilities include immune system dysfunction, liver damage, and various cancers. 

The VA is aware of these risks and has taken action to assist impacted veterans in submitting disability claims. According to VA News, the PACT Act has received over 500,000 toxic exposure-related benefits claims as of 2024. The scenario demonstrates the increased recognition and attention given to these health concerns. Let us examine how VA claims for exposure to harmful substances like AFFF work.

Which medical conditions are linked to exposure to AFFF?

There are potential short- and long-term health consequences associated with AFFF exposure. After consumption, short-term side effects include diarrhea, vomiting, and irritation of the skin and eyes. 

Extended exposure has been associated with more severe conditions, reports TorHoerman Law. These include liver damage, high cholesterol, thyroid disease, infertility, low birth weight, and several cancers, including kidney, testicular, and bladder cancer. Another study in 2022 published in the Journal of Occupational and Environmental Medicine revealed harmful effects. It showed that firefighter foam exposure reduces cell proliferation and increases cellular toxicity, even at low concentrations.

Moreover, PFAS can have enduring health effects on both the environment and the body. So, veterans who suspect exposure to PFAS during their service should seek medical attention.

Is it allowed to submit an AFFF exposure claim to the VA?

Yes, conditions brought on by exposure to AFFF can now be claimed by veterans through the VA. The VA finally acknowledges the possible health hazards and offers veterans a forum to pursue reimbursement for associated medical conditions. As per a report published in Benefits.com, veterans only need to prove a link between the illnesses they were diagnosed with. However, they have to prove their exposure to AFFF during their time in the military. 

A complete documentation of exposure, including service records and medical diagnoses, is required for the process. In addition, the VA reviews claims under the broader PACT Act. The proceeding attempts to guarantee complete coverage for veterans who were exposed to harmful substances while serving.

How can I submit a VA claim connected to AFFF?

To submit VA claims for exposure to AFFF, veterans must take the following actions:

  • Establish eligibility: Determine whether any of your medical conditions are related to exposure to PFAS. 
  • Collect proof: Gather records of your medical diagnoses and services that attest to your exposure to AFFF. Testimonies from other military personnel may also bolster your argument.
  • Send in the claim: Fill out the VA claim form describing your exposure and how it relates to your health issues. Include all pertinent supporting documentation.
  • Seek assistance: To successfully navigate the process, seek assistance from a veteran’s service representative.
  • Await evaluation: Before making a decision, the VA will review your claim and may require you to have a medical examination.

Patience and careful planning are essential because the process can take over a year, particularly in complex cases.

What happens if my claim is rejected?

You have the option to appeal if your claim is rejected. There may be multiple steps in the appeals process, as suggested by the VA Office. You may have to provide more evidence and show up for hearings. 

To bolster their case, veterans may want to consider legal counsel. They may also seek compensation by filing an AFFF lawsuit, which offers a different path to the rightful compensation. Being tenacious and using all the tools to fight for your benefits and well-being is critical.

What legislative initiatives aid veterans who have been exposed to AFFF?

A critical piece of legislation that helps veterans who have been exposed to harmful substances—including AFFF—is the PACT Act. Enacted in 2022, the PACT Act extends the possibilities of VA health care and other benefits for veterans, as per the RAND Corporation. The Act includes veterans who were exposed to harmful substances such as burn pits and Agent Orange. 

For those exposed to burn pits, the PACT Act has identified over 20 health conditions as presumptive. This means that veterans with these conditions are eligible for benefits without needing to prove direct causation through their service. 

Moreover, the Act guarantees veterans with service-related health conditions receive the care and compensation they need. This entails screening procedures, more funding for research, and the creation of registries to monitor exposure and associated health effects. 

It can be challenging to navigate the VA claims process for AFFF exposure. Still, you can significantly increase your chances of receiving the benefits you are entitled to. For that, you need to be aware of the steps and the resources available. 

Remain informed, take careful notes of everything you are exposed to, and get help from a professional. The commitment to addressing toxic exposure reflects a broader effort to ensure the health and welfare of military veterans.

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