Military veterans across the country are suffering from illnesses caused by per- and polyfluoroalkyl substances (PFAS), to which they were exposed while serving at an army facility. However, the Department of Veterans Affairs (VA) does not treat diseases linked to PFAS as a presumptively service-related disability. The VET PFAS Act, if voted to become law, could ease the situation of veterans who fell victim to PFAS. The act, introduced in July 2023, would ensure veterans and their families are compensated for PFAS-related health conditions.
PFAS are toxic chemicals commonly used by manufacturers in various consumer and industrial products. They are so widespread that they have been detected in the blood of almost 97% of Americans. PFAS earned the name "forever chemicals" because they are extremely persistent in the environment. Worryingly, long-term exposure to them poses significant health threats, like decreased fertility or weakened immune systems, and many types of cancers, such as kidney, testicular, breast and prostate cancer.
People are commonly exposed to PFAS through contaminated drinking water. Military bases where PFAS-containing firefighting foam (aqueous film-forming foam, AFFF) is used are the most problematic concerning contamination. AFFF is a fire suppressant used against flammable fuel fires, and it is one of the primary sources of PFAS as it contains very high levels of it. Since its introduction in the 1960s, AFFF has been the preferred fire suppressant because of its effectiveness. At the same time, it has been posing health threats to firefighters and to all military members and their families stationed at military bases. It has been scientifically proven that military service members are among the groups most affected by PFAS. For instance, a recent study shows a clear connection between increased PFAS concentration levels and testicular cancer among U.S. Air Force servicemen. Despite the evidence, veterans are made to go through strenuous bureaucratic procedures to receive disability compensation, which sometimes they are denied because of missing paperwork.
Washington state veterans and military bases
Ground and surface water tests done by the Department of Defense (DOD) in the past few years show that all of Washington’s military bases are contaminated with some type of PFAS originating from AFFF, most well above the 70 parts per trillion (ppt) maximum contamination level with which the DOD operates.
One example is Joint Base Lewis-McChord outside of Tacoma. Just a few years ago, the PFAS level in the drinking water on the base was 378.1 ppt. Considering that the Environmental Protection Agency (EPA) lowered the safe exposure limit to PFAS to 4 ppt in March 2023, the level of contamination on the base is alarming. The proposed 4 ppt maximum contamination level indicates the EPA's stance that exposure to PFAS is unsafe in any quantity.
In 2022, 469,565 veterans lived in Washington, which is 7.70% of the adult civilian population, ranking the state among the top 10 in veteran population. It is safe to say that thousands of Washington state veterans are likely to develop cancers in the years to come because of their long-time exposure to PFAS on the Washington military bases they were stationed in the past years, besides those who have already been diagnosed with the life-threatening disease.
The number of veterans needing disability benefits and long-term medical care will grow in the years to come as veterans get older, and also because PFAS-linked diseases often take years before they manifest. The DOD, even though it stated that it would phase out AFFF by October 2024, may extend its transition period to PFAS-free firefighting foam until 2026. If military members continue to be exposed to AFFF until 2026, the soon-to-be veterans will likely also develop PFAS-related illnesses in even higher numbers in the following years.
Justice to veterans
The PACT Act, enacted in 2022, expanded VA health care and benefits based on presumption, adding 20+ more toxic chemicals and health conditions to the eligibility list. PFAS was omitted, and the VET PFAS Act aims to rectify the omission.
Until the act becomes law, ill veterans applying for disability compensation must prove through medical papers that their condition evolved or worsened during the years they served at an army base. In retrospect, evidence is difficult to get, especially concerning contaminants like PFAS, which lurk in the body for years. Furthermore, only specific diagnoses make veterans eligible for compensation, though exposure to the “forever chemicals” can result in numerous health problems.
Thousands of veterans who have been denied well-earned and deserved disability benefits are joining lawsuits across the country against PFAS manufacturers. The VET PFAS Act could bring long-awaited legal aid to these victims of irresponsible policy management and unethical business practices. It would also exemplify the VA’s stated mission to provide benefits to veterans in a responsive, timely, and compassionate manner.
About the author
— Jonathan Sharp is the chief financial officer at the Environmental Litigation Group, PC, a law firm based in Birmingham, Alabama. The firm assists civilian and military firefighters affected by exposure to toxic chemicals.
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