Contributor: The “VET PFAS Act 2023” Promises Disability Benefits to PFAS-Exposed Veterans

Prolonged exposure to per- and polyfluoroalkyl substances (PFAS) during service increases the risk of toxic injury in both present and past military personnel. The Air Force uses Aqueous Film Forming Foam (AFFF), which contains these substances, to put out fires during aviation operations. This firefighting material is the leading source of PFAS in military installations. Reports from the International Agency for Research on Cancer indicate that all forms of PFAS are carcinogenic, which explains why a vast number of veterans develop cancer. Every year, around 56,000 new cancer cases come from the Veterans Affairs Central Cancer Registry (VACCR) alone.

However, the stark reality is that current laws fail to be inclusive to all veterans who suffer from diseases caused by exposure to toxins. For the time being, veterans have the “Promise to Address Comprehensive Toxics” Act of 2022 to cover them financially for injuries related to toxic exposure. Unfortunately, only veterans who served during the Vietnam War, the Gulf War, and the 9/11 terrorist attacks are eligible to apply for this health care assistance. It does not provide aid to veterans who were exposed to PFAS, which accounts for most, if not all, of the veterans in this country.

In 2023, the Environmental Protection Agency (EPA) highlighted that there is no acceptable level of exposure to forever chemicals. Virtually the smallest amount of PFAS can lead to unwanted effects on the health of exposed individuals. Thus, the EPA set the maximum contaminant level goal to 0 parts per trillion, with 4 parts per trillion as the enforceable PFAS contamination level that industries may operate in.

Jonathan Sharp | Image credit: Environmental Litigation Group, P.C. - stock.adobe.com

A total of 2 military bases in New Jersey have already surpassed that limit by the EPA, the first of which is the Picatinny Arsenal, established in 1880. The military used all of the 6500 acres covered by this infrastructure for research and manufacturing. At the moment, the base has a maximum detected PFAS level of 144.2 parts per trillion, more than 36 times the acceptable amount. To make matters worse, some of the military personnel living in the facility bring their spouses and dependents with them. Taking this into account and considering that many employees working in military facilities are civilians, the list of possible victims of PFAS exposure goes beyond just veterans.

Similarly, the Naval Air Warfare Center Trenton, formerly used as a jet engine testing site, contains excessive PFAS at 32 parts per trillion despite not being operational since 1997. The AFFF discharged to the ground after usage by military firefighters all the way back then still remains and contaminates the military installation. Recent investigations show that PFAS from the AFFF has polluted groundwater wells in the area, which puts nearby communities at risk of toxic exposure as well.

Cancer is the most concerning of all diseases associated with PFAS exposure, primarily due to the lack of cure and high treatment costs that reach up to $150,000 on average. Veterans are more likely to develop various types of cancer than ordinary civilians because of their constant exposure to PFAS as a result of their consistent use of AFFF as fire suppressants. In fact, a study led by the National Cancer Institute linked exposure to elevated PFAS concentrations to an increased risk of testicular cancer in U.S. Air Force servicemen. Other studies have also shown similar associations with kidney cancer.

The US Navy started using AFFF after collaborating with the chemical manufacturing company 3M in the 1970s. Last year, 3M settled for $10.3 billion in lawsuits, which is money meant for filtering PFAS from water systems. Nevertheless, personal injury cases continue to pour into the AFFF multidistrict litigation docket, with 1000 new cases recorded over July and August. September alone has brought in 351 cases, bringing the total to more than 6400. For victims who have already filed their claims, this resurgence brings new hope to having their cases resolved.

Senator Debbie Stabenow put forward the Veterans Exposed to Toxic PFAS (VET PFAS) Act on July 13, 2023, with the aim of supporting veterans who were exposed to PFAS during their service. The bill requires the VA to supply veterans across the country with disability benefits as long as they are eligible for them. The VA previously denied veterans their benefits by refuting their claims of having service-connected disabilities. With the VET PFAS Act, illnesses are automatically acknowledged as service-connected disabilities if the military base they served in is confirmed to have PFAS. According to the Environmental Working Group, 720 military sites have been detected to have PFAS.

The bill also covers the medical expenses of affected family members of veterans, including those in utero, who resided in the military base with them at some point. However, dependents can only claim reimbursement for medical services as long as they have already exhausted other potential remedies or insurance they could use to pay for their expenses.

Until the VET PFAS Act becomes law, veterans will have to continue going through a rigorous application process just to prove a connection between their disability and toxic exposure. At their age, evidence is hard to gather and will only end up being a hindrance to their chances of recovering. The VA has blocked these victims of PFAS exposure from getting their much-needed financial assistance for too long. With the VET PFAS Act, veterans will finally receive the aid they deserve.