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The VA's complex claim review process in Camp Lejeune toxic water cases

If you spent time at Camp Lejeune while the drinking water was toxic and now struggle with a disease, it is important to know that, if you are a veteran, you are entitled to compensation both from the government and from the VA.

Nevertheless, the claim review process for VA disability claims filed by Camp Lejeune veterans is very complex and tedious, which is why we encourage you to seek professional assistance if you intend to file a water contamination claim.

Before the actual process of reviewing your claim, the VA will have to assign you a disability rating, which ranges between 10% to 100%, depending on the severity of your diagnosis. The higher the percentage, the more compensation you will receive. VA disability compensation is a monthly benefit.

The VA makes a determination about the severity of your disease based on the evidence you submit as part of your claim, or it obtains the necessary information from your Camp Lejeune military records. Alternatively, the VA assigns you a disability rating based on the results of your claim exam, also known as a compensation and pension exam, if they conclude you need this exam. However, before assigning you a disability rating, the VA has to determine whether your condition is related to drinking contaminated water at the military base during the last century. It is worth noting that some diagnoses are considered presumptive, which means the veteran does not have to provide evidence of the association between their illness and exposure to toxic water.

The following are the presumptive conditions for Camp Lejeune veterans seeking VA disability compensation:

If you do not have a presumptive diagnosis, you will have to submit evidence supporting the connection between your drinking contaminated water at Camp Lejeune and your illness. This evidence usually consists of medical records explaining the association between your condition and toxic exposure at the military base. The documents you submit as evidence should be comprehensive, as the validity of your VA disability claim highly depends on this evidence. Processing your Camp Lejeune VA disability claims takes between 4 and 5 months, so you should be patient until a decision is reached by the board. If you disagree with a VA claim decision, you should request a decision review. You can choose from the following decision review options to continue your case:

  • a Supplemental Claim
  • a Higher-Level Review
  • a Board Appeal

It is important to know that if you have new evidence you would like to submit, such as medical records, you can file a Supplemental Claim. A reviewer will decide if the new evidence changes the decision. If you believe there is an error regarding the VA's decision, you should request a Higher-Level Review. Nevertheless, with this review type, you cannot submit any new evidence. Finally, you should request a Board Appeal if you want a Veterans Law Judge at the Board of Veterans' Appeals to review your case. Having your claim reviewed by a Veterans Law Judge will take approximately one year.

As you can see, the process of filing and reviewing a Camp Lejeune VA disability claim is very complex, so we encourage you to have yours handled by a professional. Before looking for a toxic exposure attorney, we advise you to contact the team of experts at Atraxia Law, who can help you determine whether you are entitled to VA disability compensation as a Camp Lejeune veteran. The process is very simple and will mostly take place over the phone, as we are well aware of how overwhelming struggling with a serious disease can be.

Atraxia Law can efficiently help you file your Camp Lejeune VA disability claim

With over 35 years of experience in evaluating toxic exposure claims, our team is ready to help you find out whether you are entitled to VA disability compensation as a Camp Lejeune veteran. The only documents we will request to determine your eligibility are your military records and your medical records. If we establish that you are eligible to file a VA disability compensation claim, we will put you in touch with a reliable, specialized attorney.