Filing a claim through the VA is no easy task. It will take patience, dedication, and attention to detail to file a claim that won’t be denied and that can earn you thousands in damages. However, it’s best to get professional help to file claim for Camp Lejeune water contamination. Below is everything you need to know about the claims process and how to file the most successful claim for you and your family.
Determine your VA Disability Eligibility
If you want to file a VA disability claim, you must first know whether or not you are eligible to file a claim. For instance, if you only visited Camp Lejeune for a day during the 34-year period between 1953 and 1987, chances are you won’t be able to file a claim for disability.
There are certain criteria that must be met before the VA considers you an eligible candidate to receive a claim or settlement. These criteria include the following:
- You must have consumed the water in the area of Camp Lejeune for more than 30 days consecutively. This means that if you drank water at Camp Lejeune, you need to prove that this water is the direct cause of your pain and suffering, any diseases you were exposed to, and any other injuries you might be recovering from. This 30-day period is one of the best ways to determine whether or not your disease was due to toxic water or due to a natural genetic predisposition to a disease. The 30 days must also have occurred between 1953 and 1987.
- You cannot be eligible for VA disability if you have a dishonorable discharge. For those with a dishonorable discharge, you can get help to upgrade your discharge status to “other than honorable” or even “honorable.” To do, seek legal help beforehand.
- You must prove that you continue to suffer from the effects of the water at Camp Lejeune. For example, if you continue to suffer from neurobehavioral effects, you must prove this and also prove why it is impairing your life.
Aim for 100% Disability
If you cannot work due to your disability, have lost a significant amount of income, or want to get the most compensation for your pain and suffering, you’ll need to shoot for a 100% disability. Having a 100% disability rating allows you to get the most compensation, of around $3,500 a month.
This is known as the VA’s disability ratings, or percentages. Ask your lawyer or other legal advocates for help building a case strong enough to prove your disability deserves a 100% rating.
File Your Intent to File
After you gather all paperwork and determine you are eligible for compensation, you will then need to file your “intent to file,” which is a form that lets the VA know you will be turning in evidence soon. After you turn in all evidence, the VA will review your case and give you a disability rating.
If you are unhappy with your rating or want more compensation, consider hiring a lawyer to file an appeal or continue with a civil lawsuit.
