Camp Lejeune Frequently Asked Questions

The water contamination issue at Camp Lejeune was caused by three major sources, although there are additional, less-significant contamination sources:

There were many different Volatile Organic Compounds found in the water at Camp Lejeune. However, the primary chemical contaminants were:

It is unclear exactly when the water contamination started, but scientists have estimated that it began in the 1950s. However, for purposes of the PACT Act, anyone living or working on base for at least 30 days between August 1, 1953 and December 31, 1987 is considered to have been exposed.

When the Marine Corps actually knew that the water at the base was contaminated with unsafe levels of Volatile Organic Compounds is unclear. Military chemists started testing the water in 1980 when solvents and other chemicals were detected, but it is suspected that the base knew about the water issues as early as 1974 when the base issued a regulation regarding the safe disposal of hazardous wastes such as organic solvents.

In 1982, Grainger Laboratories was hired to test the water at Camp Lejeune. The lab’s co-owner, along with military chemists, urged the base’s water management director to investigate and fix the contamination issue, but those warnings appear to have been ignored.

Not until 1984, and only after the contamination of the water supply was made public, did the Marine Corps finally take action and begin shutting down the contaminated wells.

The Janey Ensminger Act of 2013 only concerned veterans and their families stationed at Camp Lejeune. It established eight presumptive conditions for service connection for veterans, and another 10 conditions for which family members could receive free health care and reimbursement for out-of-pocket medical costs. The portion of the PACT Act, called the Camp Lejeune Justice Act of 2022, that pertains to the water contamination at Camp Lejeune opens the door for anyone afflicted with a disease or disorder from drinking the water at Camp Lejeune to sue the federal government. This means veterans, their family members, and anyone working on base who was exposed can now file a lawsuit for the harm caused by exposure to that contaminated water.

The two contaminated water treatment plants that served as water sources at Camp Lejeune were the Tarawa Terrace water plant and the Hadnot Point water plant.

At the Tarawa Terrace plant, the main contaminant was tetrachloroethylene, also known as perchloroethylene (PCE). PCE is primarily used by commercial dry-cleaning companies and the contamination was linked to an off base dry cleaning company called ABC One-Hour Cleaners, located just off-base on Route 24 at Lejeune Boulevard. Many of the base personnel used the dry-cleaning company to clean and press their uniforms. When the dry-cleaning company disposed of the PCE used at their facility, it leached into the ground and eventually contaminated the well servicing the Tarawa Terrace water treatment plant.

At the Hadnot Point plant, multiple contaminants were found, but the primary contaminant was trichloroethylene (TCE), which is used for a variety of purposes, but was most commonly used by the military as a cleaning solvent and degreaser. Unsafe levels of PCE, DCE (1,2-dichloroethylene), vinyl chloride, and benzene were also detected. The sources of these contaminants appear to have come from leaking underground fuel tanks, spills at on-base industrial sites, and chemical drums at storage facilities.

In 1985, a fuel pump at the Holcomb Boulevard water treatment plant broke. During the repairs, the Hadnot Point plant was used to supply water to the areas normally served by the Holcomb plant. During this time, all personnel living and working in the Holcomb Boulevard area of the base were likely exposed. There has also been an investigation that indicated that the Holcomb Boulevard water treatment plant may have been interconnected with the Hadnot Point water treatment plant during various times during the operation of both plants. As such, personnel in the Holcomb Boulevard area may have also been exposed to the contaminants at Hadnot Point well before 1985.

Volatile Organic Compounds like the ones found in the water at Camp Lejeune only stay in the body for 48-72 hours. Therefore, there is no way to be tested now to determine if you were exposed to these chemicals – and if so, for how long.

However, if you lived or worked on base for at least 30 days between August 1, 1953 and Dec 31, 1987, both the VA and the U.S. District Court for the Eastern District of North Carolina will concede that you were exposed to potential contaminants for the purposes of applying for VA Disability Compensation, VA Health Care benefits, and/or filing a lawsuit. If you have not already been diagnosed with a disease or condition connected to the contaminated water at Camp Lejeune, you should make your doctor aware of your exposure and ensure that they know what diseases and illnesses have already been linked to this water contamination.

The VA has established eight presumptive conditions related to the contaminated water at Camp Lejeune. They are:

The VA has also identified other diseases that could have been caused by exposure to the contaminated water at Camp Lejeune, but there simply isn’t enough medical data to support making these diseases presumptive for service connection. However, the VA encourages veterans with any of the following to also apply, as these will be handled on a case by case basis:

H.R. 1742, also known as the Janey Ensminger Act, established a presumptive condition list of diseases associated with the ingestion of contaminants in the water at Camp Lejeune between 1953 and 1987. Janey Ensminger contracted leukemia as a child after drinking the water at Camp Lejeune. The bill established diseases that would be considered presumptive conditions for any veteran or dependent stationed at Camp Lejeune for at least 30 days during the prescribed period of Aug 1, 1953 to Dec 31, 1987. For veterans, this means that a VA Disability Compensation claim for eight different diseases would be approved for any veteran living or working on base during the prescribed time frame. These diseases include:

It also established 15 conditions for which dependents can qualify for hospital care and medical services. The VA will pay for out-of-pocket healthcare costs that were related to any of the following conditions:

Most VA claims are only approved when the disability is diagnosed while the veteran is still on active duty, or the veteran is able to show that an event during military service caused the claimed disability. However, there are diseases that the VA will concede were caused by certain exposures, without the veteran having to provide medical evidence as to the link between the claimed disease and a particular exposure on active duty. For veterans stationed at Camp Lejeune for at least 30 days between Aug 1, 1953 and Dec 31, 1987, a medical link does not need to be established between a presumptive condition and exposure to the contaminated water at Camp Lejeune. In essence, the VA will simply approve disability claims for any veteran meeting the time period of exposure requirement, if they have been diagnosed with any of the following:

Family members stationed at Camp Lejeune for at least 30 days between Aug 1953 and Dec 1987 can receive health care benefits through the VA. The VA may reimburse you for out-of-pocket medical costs related to any of the following 15 conditions:

The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, also known as the Honoring our PACT Act of 2022 or the PACT Act, was signed into law in Aug 2022. The PACT Act expands VA service connection and health care benefits eligibility for veterans exposed to toxic chemicals.

As it relates to veterans and their families exposed to toxic chemicals in the drinking water at Camp Lejeune, a part of the PACT Act, called the “Camp Lejeune Justice Act of 2022”, does little for veterans as far as VA benefits are concerned. It does require VA to provide toxic exposure screening to every veteran enrolled in the VA health care system, but does not expand upon the Janey Ensminger Act of 2013.

However, it does allow anyone diagnosed with a disease as a result of drinking the contaminated water at Camp Lejeune to file a legal cause of action against the government in the U.S. District Court for the Eastern District of North Carolina.

Is essence, this new law allows any individual, including veterans, who resided, worked, or were otherwise exposed to the contaminated water at Camp Lejeune for at least 30 days between August 1, 1953 and December 31, 1987, to sue the government for illnesses, diseases, and/or disabilities incurred as a result of that exposure.

However, the law also stipulates that any award from a legal action will be offset by the amount of any benefits provided by the VA. This means veterans who are already drawing VA Disability Compensation for a presumptive condition due to water contamination at Camp Lejeune will have their legal award reduced by the amount of VA Disability Compensation they have already received. Therefore, veterans already drawing disability compensation for a Camp Lejeune presumptive condition should file a legal claim as soon as possible, as the offset will only continue to grow as that veteran continues to receive more and more disability benefits over time.

The Janey Ensminger Act of 2013 only concerned veterans and their families stationed at Camp Lejeune. It established eight presumptive conditions for service connection for veterans, and another 10 conditions for which family members could receive free health care and reimbursement for out-of-pocket medical costs. The portion of the PACT Act, called the Camp Lejeune Justice Act of 2022, that pertains to the water contamination at Camp Lejeune opens the door for anyone afflicted with a disease or disorder from drinking the water at Camp Lejeune to sue the federal government. This means veterans, their family members, and anyone working on base who was exposed can now file a lawsuit for the harm caused by exposure to that contaminated water.

The PACT Act doesn’t specify the illnesses for which a person can bring a legal suit related to the water contamination at Camp Lejeune. Instead, the bill states that “the burden of proof shall be on the parting filing the action to show one or more relationships between the water at Camp Lejeune and the harm.”

However, given that the VA has already made eight diseases presumptive for service connection due to contaminated water exposure at Camp Lejeune, and identified another 10 diseases for which family members can receive health care benefits, it is probably safe to assume that those combined 18 diseases will face the least pushback when it comes to getting the North Carolina courts to presume a relationship exists between them and the contaminated water at Camp Lejeune.

However, your lawyer may be able to provide medical evidence connecting other diseases to the contaminants at Camp Lejeune. Therefore, even if you don’t have one of these 18 diseases, it would be prudent to consult with a lawyer familiar with these types of legal claims to determine if you have a case.

A subpart of the PACT Act, called the “Camp Lejeune Justice Act of 2022”, provides a legal recourse for anyone who was stationed at or worked at Camp Lejeune for at least 30 days between August 1, 1953 and December 31, 1987, and contracted a disease or suffered a disability as a result of drinking the contaminated water on base.

This new law allows any individual, including veterans, who resided, worked, or were otherwise exposed to the contaminated water at Camp Lejeune to sue the government for illnesses, diseases, and/or disabilities incurred as a result of that exposure.

However, the burden of proof is on the injured to convince the courts that there is a causal link between their diagnosis and the water at Camp Lejeune. This means anyone wishing to sue the government will need an experienced lawyer to file the suit on their behalf.

Yes. If a loved one has passed away from a Camp Lejeune illness, the family can still file a wrongful death suit on their behalf. Suits of these kind are filed on behalf of the decedent's estate, so the executor of the estate is the person who typically files the suit, however, in most cases, all family members are asked to sign the contract.

Yes. Even if you are already receiving VA Disability Compensation for a service connected disability due to drinking the contaminated water at Camp Lejeune, you can still file a lawsuit for the same disease or condition. Receiving medical benefits from the VA has no impact whatsoever on your ability to file a lawsuit.

As a veteran with a disability caused by drinking the contaminated water at Camp Lejeune, you can file a VA Disability Compensation Claim. If approved, the VA will assign you a disability rating and pay you the corresponding disability pay monthly. This is a tax free benefit paid to you from the Department of Veterans Affairs.

As a result of the PACT Act, signed into law in August 2022, veterans can now file a lawsuit for the same disability. The PACT Act allows you to file a lawsuit in the United States District Court for the Eastern District of North Carolina for any disease or condition resulting from drinking the contaminated water on base, even if you are already receiving VA Disability Compensation for that same disease or illness. In the case of a lawsuit settlement or verdict in your favor, the District Court will pay you a one-time, non-taxable payment.

Now that the new law has been signed, you can file your lawsuit now. However, you only have two years to file a lawsuit from the date the new PACT Act was signed, which occurred in August 2022. That means you have until August 2024 to file your legal claim. It takes time for your law firm to work up your case before they can file with the Eastern District Court of North Carolina. Therefore, you want to hire a law firm as soon as possible in order to give your lawyer ample time to properly prepare and file your case before the deadline.

In Camp Lejeune lawsuits, attorneys work strictly on a contingency basis. This means that they do not receive any money unless they get you a recovery. Therefore, you, as the client, never pay them anything out of pocket. If they obtain a recovery for you, they are paid a percentage of that recovery as their fee, which is simply deducted from the recovery.

Because this legislation is so new, there haven’t been any Camp Lejeune water contamination settlements or verdicts that can be used as a benchmark. Therefore, there is no way at present to predict how much a settlement/verdict for a given disease will be.

However, experts have estimated that the less severe cases could result in payments as low as $25,000. They estimate that payments for the more significant diseases may be as high as $1 million.

For comparison purposes, other litigation for cancer cases have resulted in settlements and verdicts between about $150,000 and $750,000. As of yet, there is no way of knowing if these Camp Lejeune cases will result in similar payouts.