Can a Retired Submariner File a Toxic Exposure Claim for AFFF Exposure?

Question from boatguy, Can a Retired Submariner File a Toxic Exposure Claim for AFFF Exposure?

Answer from AI:

Precedent for AFFF Exposure Claims

There is precedent for filing toxic exposure claims related to Aqueous Film Forming Foam (AFFF). AFFF has been linked to various health issues, including cancer, due to its high concentration of per- and polyfluoroalkyl substances (PFAS). Lawsuits have been filed by firefighters and military personnel who were exposed to AFFF during their service. However, these cases are complex and require substantial evidence to prove the link between AFFF exposure and the health condition.

Adding AFFF Exposure to an Existing VA Claim

If you’re already evaluated at 90% disabled by the Veterans Affairs (VA), adding a new claim could potentially increase your disability rating. However, the VA uses a combined rating system, not an additive one, so the impact on your overall rating may not be as significant as you might expect.

Exposure during Port Calls in Thailand and the Middle East

The PACT Act (Presumptive Agent Orange Coverage for Thailand Veterans Act) does provide coverage for veterans who served on the ground in Thailand during the Vietnam War and were exposed to Agent Orange. However, the timeframe you mentioned (1997-2018) falls outside the Vietnam War era, so it’s unclear whether this would apply to your situation.

Next Steps

• Consult a Legal Professional: Given the complexity of these issues, it’s recommended that you consult with a legal professional who specializes in military toxic exposure claims. They can provide personalized advice based on your specific circumstances.
• Document Your Exposure: Start gathering evidence of your exposure to AFFF and any related health issues. This could include medical records, service records, and any other relevant documentation.
• File a Claim: If you decide to proceed, you can file a claim with the VA. The process can be complex, so it’s recommended that you seek assistance from a Veterans Service Officer or a legal professional.

Please note that this information is general in nature and does not constitute legal advice. Laws and regulations can change, and each individual’s situation is unique. Always consult with a legal professional for advice tailored to your specific circumstances.