In the aftermath of conflicts, veterans often face a unique set of challenges that extend beyond the battlefield. One such challenge, often overlooked, is the long-term health implications of exposure to Aqueous Film-Forming Foam (AFFF). This firefighting foam, widely used by the military, has been linked to critical health conditions, including cancer.
Veterans exposed to AFFF during service are pursuing justice and compensation for health issues linked to this chemical exposure. In this article, we will explore the complexities of filing successful claims for AFFF exposure as a veteran.
Understanding AFFF and Its Risks
AFFF is a firefighting foam used by military personnel, firefighters, and aviation units for its ability to quickly suppress flammable liquid fires. AFFF is highly effective in creating a barrier between fuel and oxygen, preventing the spread of fire. However, it contains per- and polyfluoroalkyl substances (PFAS), synthetic chemicals that persist in both the environment and body.
PFAS is a family of over 10,000 chemicals known for their extreme persistence and resistance to breakdown. This accumulation over time has earned them the nickname “forever chemicals”.
According to the ISHN, researchers from the EPA and Department of Defense link AFFF exposure to health issues. These include liver damage, thyroid disease, changes in fetal and child development, fertility issues, and pregnancy-induced hypertension/preeclampsia. Other potential health effects include asthma, changes in the immune system, ulcerative colitis, and an increased risk of testicular, kidney, and other cancers.
What steps should I take if I experience symptoms related to AFFF exposure?
If you suspect that you have been affected by AFFF exposure, consult a medical professional without delay. Document your military service and potential AFFF contact, keep medical records, and consult with a legal professional who specializes in similar claims. Filing a VA claim promptly is crucial for receiving proper benefits and compensation.
Eligibility Criteria for VA Claims
To qualify for VA benefits related to AFFF exposure, veterans must meet specific requirements established by the Department of Veterans Affairs. It is crucial to establish that the veteran was exposed to hazardous foam during their service. This typically applies to individuals who served in aviation units, firefighting roles, or on naval vessels that utilized firefighting foam.
Veterans must also demonstrate a diagnosed health condition linked to this exposure. Common conditions associated with AFFF exposure include various cancers, liver damage, thyroid disease, and other significant health issues. Veterans should provide comprehensive documentation to strengthen their claims. This includes service records detailing their roles and locations, along with medical records confirming their diagnosis and linking it to AFFF exposure.
VA claims for exposure to AFFF are specialized disability claims requiring veterans to prove a link between their exposure and health issues. Demonstrating this link can be challenging, as it often requires the collection of medical evidence and expert testimony. Veterans need to demonstrate that AFFF exposure is the direct cause of their health problems to win their claim.
According to TorHoerman Law, there is currently no AFFF Class Action Lawsuit for injuries and cancers associated with firefighting foam exposure. Instead, lawsuits related to firefighting foam are consolidated into multidistrict litigation (MDL). The AFFF firefighting foam multidistrict litigation (MDL) has been consolidated in the U.S. District Court for the District of South Carolina.
Are there specific health conditions related to AFFF exposure that the VA recognizes?
Yes, the VA recognizes specific health conditions related to AFFF exposure, primarily cancers like kidney, testicular, bladder, and prostate cancer. Other conditions include liver damage, immune system disorders, and thyroid issues. Veterans must provide medical documentation linking these conditions to their AFFF exposure during military service.
Gathering Necessary Documentation
Successfully filing a VA claim for AFFF exposure requires comprehensive documentation that proves exposure and the resulting health conditions.
The Journal of AHIMA reports that nearly 20% of all claims are denied, with up to 60% of returned claims never resubmitted. One major factor contributing to these denials is insufficient documentation. Veterans should gather detailed service records that outline their military role, service locations, and proximity to AFFF use, especially firefighting.
Medical records documenting the diagnosis of related conditions like cancer or liver damage are also crucial. Also, securing a medical opinion linking the health condition to AFFF exposure strengthens the claim. Veterans may also benefit from statements from fellow service members who witnessed their exposure.
Accurate and complete documentation increases the chances of approval, as the VA evaluates each claim based on the evidence provided.
The Claims Process
Filing a VA claim for AFFF exposure starts by submitting an initial claim online or at a local VA office. Veterans need to provide key documents such as service records, medical evidence, and proof of AFFF exposure. The VA then reviews the claim to assess whether a service connection exists between the exposure and the veteran’s diagnosed health condition.
This review process can take several months, during which veterans may be required to attend medical evaluations to assess their condition. If the claim is successful, the veteran will be awarded a disability rating that will determine the amount of compensation they receive. In cases of denial, veterans can appeal the decision with additional documentation or seek legal assistance to strengthen their case.
Seeking Legal Assistance
Navigating the VA claims process for AFFF exposure can be complicated, especially when claims are denied or require extensive documentation. Hiring a lawyer who specializes in veterans’ disability claims can greatly increase your chances of winning your case.
These legal professionals understand the complexities of the VA system, help gather necessary evidence, and ensure that all documentation meets VA standards. They can also assist with appeals, providing legal arguments to strengthen the case and increasing the likelihood of a favorable outcome.
Legal assistance is crucial in toxic exposure claims, as providing a service connection is challenging without expert guidance and support. Veterans should consider consulting a specialized attorney to maximize their chances of receiving appropriate compensation.
According to Lawyers.com, a survey showed that hiring a lawyer significantly boosts the chances of receiving compensation. Over 91% of plaintiffs with legal representation secured a payout, compared to only 51% of those who handled their cases independently. This highlights the advantage of having an attorney when pursuing claims.
Common Challenges and How to Overcome Them
Filing a VA claim for AFFF exposure can be challenging, with insufficient evidence linking health conditions to AFFF exposure being a common issue. Without comprehensive service records or medical documentation, claims are often delayed or denied. Also, the lengthy processing time can be frustrating for veterans in urgent need of medical care and compensation.
To overcome these challenges, veterans should ensure they gather complete service records and medical evidence before filing a claim. Consulting with legal professionals experienced in AFFF-related cases can also streamline the process.
What are the most common reasons claims for AFFF exposure are denied?
Claims for AFFF exposure are often denied due to insufficient evidence linking the veteran’s health condition to their service. Common issues include missing service records, incomplete medical documentation, and failure to prove a direct connection to AFFF exposure.
Securing the Benefits Veterans Deserve
Filing a successful claim for AFFF exposure requires careful preparation, thorough documentation, and persistence. By staying informed and following proper steps, veterans can secure the compensation and care they rightfully deserve for their service. The path may be challenging, but with the right approach, veterans can secure the benefits they deserve for their health and well-being.
