How to file a Camp Lejeune water contamination claim — 3-pathway: VA disability presumptive + Family Member Program + CLJA tort context

Step 1: Document your Camp Lejeune presence (Aug 1, 1953 - Dec 31, 1987)

Eligibility requires 30+ days of presence at Camp Lejeune (or its associated MCAS New River) between August 1, 1953 and December 31, 1987. The 30 days do NOT need to be consecutive. Qualifying presence: (a) ASSIGNED to Camp Lejeune (PCS orders); (b) TRAINING at Camp Lejeune (TDY orders, school records); (c) DUTY rotations through Camp Lejeune (deployment staging, exercises, special-duty assignments); (d) FAMILY MEMBER residing on-base with active-duty sponsor — this is critical for Family Member Program. Document via: DD-214 ports of departure/return, PCS orders, TDY orders, OERs/NCOERs, base housing records, dependent school enrollment records, BAH/dependent records. The 30-day requirement is liberally interpreted — even split-period assignments with cumulative 30+ days qualify. CRITICAL: civilian workers + contractors are NOT covered by the VA programs (only veterans + their family members) but MAY have separate civil claims under CLJA — different pathway.

Reference: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/camp-lejeune-water-contamination/

Step 2: Identify your qualifying condition (8 VA presumptive + 15 Family Member Program)

**FOR VETERANS — 8 PRESUMPTIVE CONDITIONS (38 CFR 3.309(f)):** (1) Adult leukemia; (2) Aplastic anemia + other myelodysplastic syndromes; (3) Bladder cancer; (4) Kidney cancer; (5) Liver cancer; (6) Multiple myeloma; (7) Non-Hodgkin's lymphoma; (8) Parkinson's disease. NEW for PACT Act 2022 era: ALS may be presumptive separately under broader rules. **FOR FAMILY MEMBERS — 15 COVERED CONDITIONS:** the 8 above PLUS (9) Esophageal cancer; (10) Breast cancer; (11) Lung cancer; (12) Renal toxicity; (13) Female infertility; (14) Hepatic steatosis (fatty liver); (15) Miscarriage; (16) Myelodysplastic syndromes; (17) Neurobehavioral effects; (18) Scleroderma. The Family Member Program is broader because of in-utero exposure recognition. CRITICAL: if you (or a family member) have ANY of these conditions diagnosed YEARS or DECADES after Camp Lejeune presence, you may qualify. The latency period for many of these cancers is 20-40 years. Diagnosed in the 2010s-2020s is common for 1970s-1980s exposure.

Step 3: For VETERAN — file VA Form 21-526EZ with explicit presumptive framing

Submit VA Form 21-526EZ stating "[Condition], secondary to Camp Lejeune water contamination exposure during military service [dates] in accordance with 38 CFR 3.309(f)." Include: DD-214 + service records documenting Camp Lejeune presence (30+ days between Aug 1953 - Dec 1987), current diagnosis of qualifying condition, treatment history (oncologist records, biopsy reports, etc.). NO MEDICAL NEXUS REQUIRED — Camp Lejeune presumptive eliminates the etiology question. Initial decision typically 4-6 months. CRITICAL: if you previously filed for a Camp Lejeune-related condition + were DENIED before the 2017 expansion of presumptive conditions OR before later regulatory expansions: REFILE under current rules via Supplemental Claim (VA Form 20-0995). Many denied claims would now succeed under current presumptive regulations.

Step 4: For FAMILY MEMBER — file VA Form 10-10068 (separate process, separate program)

The Camp Lejeune Family Member Program is administered SEPARATELY from veteran VA disability — different form, different office, different benefit. File VA Form 10-10068 (Application for the Camp Lejeune Family Member Program). Eligibility: spouse, child, or in-utero-exposed dependent of a veteran who served 30+ days at Camp Lejeune between Aug 1953 - Dec 1987 + diagnosed with one of the 15 covered conditions. Submit to: Department of Veterans Affairs, Camp Lejeune Family Member Program, P.O. Box 469065, Denver CO 80246-9065. Fax: 303-331-7807. The benefit: VA reimburses out-of-pocket medical costs for Camp Lejeune-related treatment (retroactive to date of treatment if eligibility documented + sometimes back to 1957). For ongoing care: VA pre-authorization of providers + direct payment. Coverage is NOT a full health insurance — it's SPECIFIC to the 15 covered conditions and Camp Lejeune-related treatment only. Family members with NON-Camp-Lejeune health needs need separate insurance (private, Medicare, etc.).

Reference: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/camp-lejeune-water-contamination/family-member-program/

Step 5: Camp Lejeune Justice Act 2022 (CLJA) tort context — filing window CLOSED, but existing cases continue

IMPORTANT TIMING NOTE: the Camp Lejeune Justice Act of 2022 (Public Law 117-168, August 10, 2022) opened a 2-YEAR FILING WINDOW for civil tort claims in the U.S. District Court for the Eastern District of North Carolina. The filing window CLOSED on August 10, 2024. New CLJA tort claims cannot be filed after that date. EXISTING CLJA cases (filed before Aug 10, 2024) CONTINUE through litigation — many still pending in 2026, with some early settlements + judgments emerging. If you filed CLJA before the deadline + are awaiting resolution: continue with your retained attorney; do not contact opposing counsel directly; ensure your VA disability claim is filed in parallel (VA + CLJA are SEPARATE pathways). VA disability + CLJA settlement are NOT mutually exclusive — you can pursue both. CRITICAL: CLJA tort awards are typically larger than VA monthly disability ratings ($150K-$1M+ for serious cancers), but VA disability provides RECURRING monthly compensation + healthcare access. They serve different functions. If you missed the CLJA window: focus on VA disability presumptive pathway, which has no filing deadline.