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Ziddu » News » AFFF Class Actions and VA Claims: Understanding the Overlap
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AFFF Class Actions and VA Claims: Understanding the Overlap

John NorwoodBy John NorwoodApril 19, 20245 Mins Read
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AFFF Class Actions and VA Claims: Understanding the Overlap
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Several military firefighters face health concerns after exposure to Aqueous Film-Forming Foam (AFFF) during emergency responses and training exercises. AFFF was once widely used as a firefighting foam due to its effectiveness in fighting jet fuel fires. However, it has now raised serious concerns about potential health risks.

To get more context into this matter, this blog examines the relationship between AFFF class action lawsuits and VA claims. This is specific for veterans who were exposed to AFFF while serving in the military.

Understanding AFFF and Potential Health Risks

AFFF is a type of Class B firefighting foam that is extensively used to extinguish jet fuel fires. The foam forms a film that smothers the flames, preventing oxygen from reaching them. However, AFFF contains Polyfluoroalkyl Substances, a category of human-made chemicals known to pose health risks.

The Environmental Protection Agency has recently announced new drinking water health advisories for PFAS chemicals. It emphasizes the serious health risks they pose. Immune system issues, birth defects, and cancer are among the health concerns due to AFFF exposure. 

This action is part of broader efforts to address PFAS contamination, particularly in drinking water, to protect public health. The advisories are based on updated scientific data and aim to safeguard all individuals, including sensitive groups.

VA Claims Process for AFFF Exposure

Veterans who were military firefighters and exposed to AFFF can pursue VA disability claims. The compensation depends on the disability rating, which ranges from 10% to 100%, influencing the payout amount. Efforts are ongoing to recognize the direct connection between AFFF exposure and certain diseases. This is aimed at easing the claim process for affected veterans​.

Moreover, the process of filing VA claims for exposure to AFFF includes furnishing the following evidence:

  • Military medical records as evidence of AFFF exposure during a service member’s time in the armed forces.
  • Civilian medical records regarding current health conditions.
  • Medical opinions from qualified doctors that establish a link between AFFF exposure and current health problems.

Navigating the Complexities of AFFF Class Actions

VA claims are focused on individual disability benefits. However, AFFF class action lawsuits seek financial compensation for a larger group of veterans exposed to AFFF. These lawsuits typically target AFFF manufacturers because of their involvement in the production and distribution of firefighting foam.

According to TorHoerman Law, former military firefighters can receive financial compensation. They must claim medical expenses, lost income, and suffering caused by their health conditions through AFFF litigation. A specialized attorney with experience in toxic exposure cases can help veterans navigate the complex legal process.

Overlap Between AFFF Class Actions and VA Claims

While VA disability benefits and AFFF class actions serve different purposes, they share a common goal of assisting veterans. Both approaches acknowledge the health risks associated with AFFF exposure and seek to compensate for any harm caused.

However, receiving VA disability compensation does not preclude veterans from participating in AFFF class actions. Veterans can pursue both simultaneously, maximizing the assistance they receive.

The overlap between AFFF class actions and VA claims can be substantial.

  • Evidence gathering: Participating in a class action lawsuit can help gather evidence for a VA claim. Considered evidence includes internal company documents or expert witness testimony on the health risks associated with AFFF exposure.
  • Financial compensation: VA disability benefits provide monthly compensation for service-related disabilities. However, a successful class action lawsuit may provide additional financial compensation to veterans affected by AFFF exposure.

Frequently Asked Questions

What if the military is exposed to AFFF?

If you believe you were exposed to AFFF while serving in the military, consult your doctor. In that case, also consider getting a toxic chemical risk assessment through the VA.  They have established a registry for members who were exposed to PFAS.

How do you prove chemical exposure?

Common methods to confirm chemical exposure include air quantification (industrial hygiene testing) or measuring substances in bodily fluids or tissues. These may include blood, urine, or tissue, such as fat.

How do I get a 100% VA claim?

You provide all medical evidence, and the VA then assigns a rating based on the Schedule for Disability Ratings. Serious injuries, like the loss of both limbs or blindness, result in a 100 percent disability rating.

How do I file a VA claim for AFFF exposure?

First, confirm eligibility for a VA claim related to AFFF exposure. Then, gather medical and service records to prove exposure and health impacts. File your claim through the VA’s eBenefits portal using the necessary forms and including your evidence. A medical examination by the VA may be required to establish a connection between your exposure and health conditions.

Are firefighters eligible for VA disability benefits?

Yes, firefighters who served in the military and were exposed to AFFF can access VA disability compensation. They need to demonstrate a service connection by providing a current diagnosis and military and medical records. Civilian firefighters, however, are not eligible for VA compensation but may seek legal action against the product’s manufacturers.

Remember that competent medical evidence is necessary for building a strong case. On the other hand, a legal counsel can help you navigate the complexities of both VA claims and AFFF litigation. By taking proactive measures, veterans can ensure that they receive the care and compensation they deserve.

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John Norwood

    John Norwood is best known as a technology journalist, currently at Ziddu where he focuses on tech startups, companies, and products.

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