Can Filing a Water Contamination Lawsuit Affect Your VA Benefits?
Recent research shows over one million individuals are victims of the Camp Lejeune water contamination claim. Surprisingly, a significant percentage of the affected population are veterans. If you’re among the millions affected, filing a lawsuit and receiving various benefits would help you.
A common concern for most veterans is if filing the Camp Lejeune lawsuit will negatively impact their VA benefits. You can be part of the Camp Lejeune justice task force without compromising your VA benefits. To escape the long and tedious process of fighting for the benefits, why not consider a professional to provide expert assistance? Here is more on filing a water contamination lawsuit and how it affects your VA disability benefits.
VA Disability Benefits Explained
Veterans can access various VA benefits to help them cope with life during and after service. These benefits are under the US Department of Veterans Affairs and look to compensate veterans with disabilities from their active military service. The benefits aren’t limited to disabilities; they extend to diseases and injuries related to their service.
Mostly, veterans under the VA disability program get monthly payments. If the veteran dies during active service or because of a disability, the proceeds go to their family. Under exceptional circumstances, the veteran may receive several additional benefits.
Does Filing a Water Contamination Lawsuit Affect Your VA Benefits?
On August 10, 2022, President Biden signed the PACT Act, which focused on managing environmental pollution. The Camp Lejeune Justice Act of 2022 was also part of the act and allowed those affected to seek compensation from the United States.
However, filing the Camp Lejeune Justice Act will not affect your VA disability benefits. The payments might offset how much compensation you get from the lawsuit filed. Other benefits that affect overall compensation include:
- Medicaid
- VA disability
- Medicare
As much as the US government wants to compensate all victims, they must ensure double recovery is impossible. Each compensation from the lawsuit should benefit one victim. Also, applying for a claim doesn’t affect your eligibility to receive payment for other benefits.
Can You Lose Your VA Benefits?
Receiving VA benefits is not a guarantee. Several circumstances can lead to you losing your VA benefits. However, the Department of VA often reduces these benefits instead of cutting them off.
One of the common reasons why most veterans get their VA disability benefits reduced is when convicted of a felony. If incarcerated for over 60 days, their disability rating percentage will drop by half. The benefits may be reinstated once the veteran is released, but it depends.
What Are the Requirements?
There are requirements to qualify for compensation from any water contamination lawsuit. You must prove you were in the contaminated region at the specific time and show how it affected your health. For the Camp Lejeune Justice Act, victims must:
- Submit an administrative claim for compensation to the Department of the Navy
- If they don’t receive compensation, they’ll need to file a lawsuit with the US District Court
- The case will proceed to trial if it meets all criteria
How Will an Attorney Help?
Hiring an attorney to help file the Camp Lejeune water contamination lawsuit will significantly improve your chances of success. They’ll also prove valuable if you’re already receiving other VA benefits, as they’ll help navigate the legalities. Other crucial roles in helping your case include asserting a tort action, collecting evidence, and gathering medical records.
The claim filing process is also complex, and you might need an experienced professional to help avoid mistakes. Note that even the simplest mistakes can make you lose or reduce your benefits.