Biden Signs Camp Lejeune Bill.

[capitan]

Tomorrow Biden is due to sign the Camp Lejeune bill allowing those harmed by that places's water contamination to bring lawsuits. I have some questions about that. I meet the eligibility requirements. I was there for over 30 days. I don't know who the suit is against? All I've seen is "the Government", but someone said it's not the VA. Most lawfirms are advertising to represent clients. I plan to contact one tomorrow. I don't know which one is the best, but I'm going to pick one with a good reputation in my home state.  I don't know if doing so will have any effect on my already pending claim for TDIU. The cancer I claim was caused by the water contamination is not encluded in the TDIU claim. That claim is already taking excessively too long and I wouldn't want to slow it down further.  Maybe they will be separate claims. My VSO says it's a civil case. If somebody knows please respond...

 

 

 

Edited August 8, 2022 by capitan
condensation

[MilvetHD]

1 hour ago, capitan said:

Tomorrow Biden is due to sign the Camp Lejeune bill allowing those harmed by that places's water contamination to bring lawsuits. I have some questions about that. I meet the eligibility requirements. I was there for over 30 days. I don't know who the suit is against. All I've seen is "the Government", but someone said it's not the VA. Most lawfirms are advertising to represent clients. I plan to contact one tomorrow. I don't know which one is the best, but I'm going to pick one with a good reputation in my home state.  I don't know if doing so will have any effect on my already pending claim. Maybe somebody knows. My VSO says no since it's a civil matter, but I need to know for sure. Please respond if you know anything...

The Camp Lejeune Justice Act of 2022, will allow certain individuals to sue the Government for damages. Your original post is silent on if you have been diagnosed with an illness, are you? If so, have you had a medical doctor opine that it is linked to the water contamination. You'll need these two elements prior to being seriously considered by a legitimate law firm. In addition to these elements and the minimum 30 days, the time period must be between 8/1/1953 and 12/31/1987.  

 

 

[capitan]

Yes I have been diagnosed with cancer. Yes I was there over 30 days and fall within the time limit. I don't have a doctor's opinion, but will get one. Thanks.

[MilvetHD]

59 minutes ago, capitan said:

Yes I have been diagnosed with cancer. Yes I was there over 30 days and fall within the time limit. I don't have a doctor's opinion, but will get one. Thanks.

You're welcome and best wishes!

[capitan]

What is the best way to get a doctor's opinion? I've heard law firms have doctors just for that. I don't know how much it costs. I am service connected for tongue cancer caused by Agent Orange. How can they say the esophageal cancer was caused by Camp Lejeune contaminated water, and not Agent Orange?

[broncovet]

Most attorneys wont work with you "unless" you have already received a formal denial letter.  This is in no small part because, there apparently have been "pension poachers" who contact Veterans, and explain they can "win" them pension, when all they had needed to do was apply.  

So, Im not even sure if its legal for an attorney to represent you until you have at least one denial letter.  

If you have been denied benefits for this, then an attorney may well be just what you need, however.  

There are at least 2 ways of "getting a favorable" doctors opinion.  

1.  Your VA doc "may" (underline may) provide one for you, if he/she thinks your condition is related to military service.  My advice is to simply ask them, "Do you think this arthritis in my knee is related to to me jumping out of airplanes while I was in the military?"   

    If he responds, "yes", then ask him to document that in your records.  If he responds, "no", then you may need to seek another doctor who does opine its related to service.  

    The VA likes to call this "doctor shopping".  This said, most of us want/need/expect our doctor to be "on our side" not on our opponents (VA)'s side.  Why would we want to continue visiting a doctor, who clearly has a vested interest (from his employer, the VA) in providing unfavorable evidence?  That is, why would we choose a doctor who is "out to get us"?  I would not.  Mostly, I think the VA is guilty of doctor shopping..we have a right to use a doctor of our choice.  However, we dont have a right to chose a doctor who gives us a c and p exam.  VA decides that.  They pay for it, so they choose.  That is why some Vets choose option number 2, below:

2.  Hire your own doctor, that is, get an independent medical opinion or independent medical exam.  The difference between IMO and IME is that the IME doc examines YOU, while the IMO examines your medical records.  There is little doubt in my mind, that choosing an IME (with exam) is better than an IMO (without exam), if everything thing else is equal.  

     To get your own doctor to offer an opinion (private practice, VA doc is discussed above), again, just ask.  Some docs, who are not experienced in VA exams, are not "up" on exactly what VA requires.  In this forum is good advice on what is a good exam (for VA purposes) and what is not, so make sure to read the exam, and see if it makes it to the good level.  If not, ask your doctor who wrote it to fix applicable defienceies.  For example the doc needs to be competent and qualified.  A Phd (doctor degree) does not necessarily mean he is competent to opine your arthritis is service connected.  He may have a Phd in botany, and would not be an expert at treating arthritis and his opinion would not mean much more than your next door neighbors 4 year old daughter.