AFFF Lawsuits: Can You Get VA Compensation for AFFF Exposure?
- Last Updated: September 27th, 2024
Attorney Jessie Paluch, founder of TruLaw, has over 25 years of experience as a personal injury and mass tort attorney, and previously worked as an international tax attorney at Deloitte. Jessie collaborates with attorneys nationwide — enabling her to share reliable, up-to-date legal information with our readers.
Legally Reviewed
This article has been written and reviewed for legal accuracy and clarity by the team of writers and legal experts at TruLaw and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced injury lawyer, Jessie Paluch, you can do so here.
Fact-Checked
TruLaw does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us by using the chat on the bottom of this page. This article should not be taken as advice from an attorney.
Key takeaways:
- In AFFF lawsuits, the selection and retention of expert witnesses is a crucial step.
- Firefighting foams have been linked to various types of cancers by medical experts
- In the world of AFFF lawsuits, expert witness testimonies are a crucial battleground.
Can You Get VA Compensation for AFFF Exposure?
Question: Can you get VA compensation for AFFF exposure?
Answer: Yes, you may be eligible for VA compensation for AFFF exposure.
While there is no specific VA presumption for AFFF exposure, veterans who developed health problems after coming into contact with firefighting foam during their service can still pursue disability compensation claims.
Here’s a breakdown of how the process works:
- File a Claim: Start by submitting a VA disability claim form, detailing your exposure to AFFF and the health issues that followed.
- Gather Evidence: Collect medical records, statements from witnesses, and other supporting documentation to back up your claim.
- VA Evaluation: The VA will review the claim and may ask for additional details or require medical evaluations.
- VA Disability Rating: If approved, the VA will assign a disability rating, which determines the level of compensation based on the severity of your condition.
On this page, we’ll provide details on how to file VA claims related to AFFF exposure,potential AFFF lawsuit settlement amounts, who qualifies to file an AFFF lawsuit, and much more.
Veterans May Qualify for VA Claims and AFFF Firefighting Foam Lawsuits
Exposure to PFAS chemicals found in AFFF has been linked to cancer and other serious health issues.
AFFF was widely used in military settings, particularly during training exercises, on flight decks, and at military airfields to suppress flammable liquid fires.
Military veterans who were exposed to firefighting foam may be eligible for VA compensation or disability benefits, and could also qualify to pursue legal claims related to AFFF exposure.
If you or a loved one served as a firefighter or were exposed to firefighting foam during military service and later developed cancer or other severe health issues, you may qualify for VA compensation and may also be eligible to pursue an AFFF firefighting foam lawsuit.
TruLaw is here to help answer any questions and provide resources to support you through the process.
You can use the chatbot on this page to instantly determine if you qualify for an AFFF lawsuit.
Table of Contents
AFFF Lawsuits for Military Firefighters and Personnel: Can You Pursue Lawsuits and Disability Benefits for AFFF Exposure?
Former military firefighters and personnel who were exposed to Aqueous Film-Forming Foam (AFFF) during their service may be eligible to pursue both VA disability compensation and file lawsuits against the manufacturers responsible for creating these products filled with harmful chemicals.
Many individuals are stepping forward to seek accountability from the companies that produced AFFF, which has been linked to serious health risks, including cancer.
AFFF firefighting foam lawsuits have been filed against several major manufacturers, including:
- Chemours
- DuPont
- Tyco Fire Products
- 3M
- Other AFFF manufacturers
If your service involved exposure to toxic firefighting foam, you may have the option to file an AFFF lawsuit in addition to seeking VA disability benefits for related health issues.
Reach out to us today to discuss your potential case and learn more about the steps involved in pursuing an AFFF lawsuit.
You can do so by using the chat on this page for an instant case evaluation to determine if you qualify to file an AFFF lawsuit today.
A Guide to the VA Disability Benefits Claims Process
The VA disability claims process for exposure to AFFF firefighting foam ensures that you take the proper steps toward securing benefits.
By becoming familiar with each stage, you can better prepare to pursue the compensation you may be entitled to through VA disability benefits.
In this section, we’ll guide you through the necessary steps involved in filing a VA claim related to AFFF exposure.
Filing Your Initial VA Claim
The first step in pursuing VA disability benefits is filing your initial claim with the Department of Veterans Affairs.
This claim must include formal documentation that verifies your exposure to AFFF and PFAS, along with medical evidence showing that you’ve developed cancer or other related health conditions from this exposure.
There are two (2) main ways to submit your claim:
- You can mail your application to any of the Department of Veterans Affairs offices.
- Alternatively, you can file your application online, which may be a more convenient option.
Development and Evidence Collection
After your initial claim is filed, the VA will begin gathering evidence to build your case.
This stage involves collecting relevant documents such as medical records and service history.
It’s important to be proactive during this process, providing any additional information or documentation that the VA may request.
Being responsive can help ensure your claim progresses smoothly and without unnecessary delays.
VA Claim Review Process
Once all necessary evidence has been gathered, the VA will review your claim.
During this phase, a claims examiner evaluates the documentation to determine the validity of your case.
The review process can vary in length depending on factors such as the nature of your case, the VA’s current workload, and whether additional evidence is needed.
In many cases, the VA may take up to 103 days to process and make a decision on your claim.
It’s important to remain patient and check in periodically to stay updated on your claim’s progress.
VA Decision on Your Claim
When the review is complete, the VA will issue a decision.
The outcome will generally fall into one of three categories:
- Approval: If your claim is approved, you will be notified of the benefits you are eligible to receive, which may include medical compensation and disability ratings.
- Denial: If your claim is denied, the VA will provide an explanation for the decision and may request additional documentation to support your case.
- Request for Additional Information: In some cases, the VA may need further evidence, such as medical evaluations or other supporting documents, before issuing a final decision.
Regardless of the outcome, it’s important to review the VA’s decision carefully to fully understand your next steps.
Appealing a Denied Claim
If you disagree with the VA’s decision, you have the right to file an appeal.
The appeals process allows you to present additional evidence and argue your case for reconsideration.
While the appeal process can be challenging, especially in cases involving AFFF exposure, it’s important to know that support is available.
The AFFF firefighting foam lawyers at TruLaw and our partner law firms are here to help individuals explore their legal options if they have been denied AFFF-related disability benefits.
If you are interested in pursuing an AFFF lawsuit following a VA claim denial, don’t hesitate to reach out for more information.
Use the chat on this page for an instant case evaluation to determine if you qualify to file an AFFF lawsuit today.
Who Is Eligible to File a VA Disability Compensation Claim for AFFF Firefighting Foam Exposure?
Determining your eligibility is the first step in pursuing a VA disability compensation claim related to AFFF firefighting foam exposure.
Below are the eligibility criteria you must meet to file your claim.
Service Connection Requirements
To qualify for VA benefits, you must have served on active duty in the military.
This includes any branch of the armed forces during the time of your exposure to AFFF.
Beyond proving active service, you will need to demonstrate that your exposure to PFAS and AFFF firefighting foam occurred during your military service.
This can be done using reports, medical records, or other documentation that shows your involvement in firefighting operations or fire suppression training exercises.
Health Conditions Caused by PFAS Exposure
The VA acknowledges the potential link between PFAS exposure and various health conditions, including cancer.
To support your claim, the VA will request medical records showing your diagnosis.
In addition to your diagnosis, you must establish a connection between your exposure to AFFF firefighting foam and the health issues you are experiencing.
Discharge Status and Eligibility
Typically, veterans with an honorable discharge are eligible for VA benefits.
However, under certain circumstances, those with other discharge statuses may still qualify for compensation, depending on the details of their service and discharge.
What Evidence is Required for VA Disability Compensation Claims?
Gathering the right evidence is necessary when seeking VA disability compensation for health issues related to AFFF exposure.
It also plays an important role if you’re pursuing both a VA disability claim and an AFFF firefighting foam lawsuit.
Medical Documentation
Medical records are important for verifying the connection between your illness and exposure to PFAS chemicals found in AFFF.
They also help demonstrate the severity of your health condition, providing the foundation for both VA compensation claims and AFFF lawsuits.
When compiling your medical records, include documentation such as medical diagnoses, treatment records, and test results that show a link between your condition and exposure to AFFF.
Additionally, expert opinions from medical professionals who understand the health impacts of PFAS exposure can be highly valuable.
These expert statements can further strengthen your claim by directly linking your diagnosis to AFFF.
Military Service Records
Military firefighters and personnel are among the most commonly exposed to AFFF during service.
If you belong to this group, providing military service records is important to supporting your claim.
Relevant service records can include duty assignments, deployment history, training records, and performance evaluations.
These documents can establish that you were likely exposed to AFFF during your time in service.
Other helpful records might include incident reports, training materials that reference AFFF, or witness statements from fellow service members who can confirm your exposure.
Additional Supporting Evidence
Additional evidence can also help strengthen your claim.
Statements from colleagues, photographs, videos, or any documentation related to AFFF usage during your service may further prove your exposure.
The more supporting evidence you have, the stronger your case becomes — whether you’re pursuing VA disability compensation or considering legal action through an AFFF firefighting foam lawsuit.
Steps to File a VA Disability Compensation Claim for AFFF Exposure
Here are a few steps to follow when filing a disability compensation claim with the VA related to AFFF exposure.
1. Consult with Legal Support
Before beginning the VA claims process, it’s advisable to consult with an attorney who has experience in handling AFFF-related cases.
Legal support can provide guidance, explain your rights, and help you understand the process, ensuring you are informed throughout.
2. Gather Necessary Documentation
It’s important to collect all relevant documentation that links your military service or work environment to AFFF exposure.
This may include military service records, incident reports, medical records, and any other documents that support your claim of exposure and subsequent health conditions.
3. File Your Initial Claim
If you choose to work with a law firm, they will assist in completing and submitting the necessary forms to file your initial claim with the VA.
Be thorough in detailing your AFFF exposure, any diagnosed health conditions, and provide all the supporting documentation you’ve gathered.
4. Respond to VA Information Requests
Throughout the claims process, the VA may request additional information or clarification about your claim.
It’s important to respond promptly and accurately to these requests.
Working closely with legal counsel can help ensure all requested information is provided in a timely manner.
5. Review the VA’s Decision
Once your claim has been reviewed, the VA will issue a decision.
Carefully examine the decision letter, making sure to read all relevant details and explanations provided by the VA regarding their ruling.
6. Appeal if Necessary
If your claim is denied or if you disagree with the VA’s decision, you have the right to appeal.
Legal assistance can be invaluable during the appeals process, helping to gather additional evidence, present strong arguments, and advocate for your case in hearings if necessary.
Important: You Can Still File an AFFF Foam Lawsuit While Seeking VA Benefits
Whether or not the VA has made a decision on your disability claim, you may still be eligible to file an AFFF firefighting foam cancer lawsuit.
Even if you haven’t filed for VA disability benefits yet, pursuing legal action remains an option for those affected by AFFF exposure.
Find out if you qualify to join the AFFF litigation today — TruLaw is here to provide you with the legal resources you need if you have been impacted by exposure to these toxic chemicals.
You can use the chatbot on this page to instantly determine your eligibility for the AFFF firefighting foam lawsuit.
TruLaw: Your AFFF Firefighting Foam Law Firm
TruLaw is actively reviewing cases related to AFFF firefighting foam exposure and working to determine potential clients’ eligibility to join the ongoing AFFF litigation.
Our focus is on helping individuals who may have been affected by toxic firefighting foam exposure explore their legal options.
If you or a loved one were exposed to firefighting foam and have since developed cancer or other related health issues, you may qualify for an AFFF lawsuit.
Contact TruLaw for more information and to see how we can assist you.
You can use the chatbot on this page to instantly check if you are eligible to file an AFFF lawsuit.
Frequently Asked Questions
-
What is AFFF?
Aqueous film-forming foam (AFFF), also known as class-B firefighting foam, is used to suppress fires fueled by highly flammable liquids such as jet fuel, gasoline, oil, and other hazardous substances.
Many brands of AFFF contain PFAS chemicals, also referred to as “forever chemicals” due to their persistence in the environment and human body.
Exposure to AFFF has been linked to numerous health risks, including several types of cancer.
PFAS chemicals do not break down naturally, posing long-term risks to both the environment and public health.
The Environmental Protection Agency (EPA) has highlighted the dangers of PFAS contamination in drinking water, impacting communities across the United States.
-
Is there an AFFF class action lawsuit?
No, there is no class action lawsuit for injuries or cancers linked to AFFF exposure.
Instead, these cases are being handled through multidistrict litigation (MDL), which is different from a class action.
In MDL, cases are grouped for efficiency, but settlements are awarded based on the individual circumstances of each plaintiff.
In a class action, all plaintiffs would share a settlement equally, regardless of their individual situation.
In contrast, MDL ensures that each case is evaluated on its own merits.
The AFFF MDL is centralized in the US District Court for the District of South Carolina.
Some law firms mistakenly refer to the AFFF litigation as a “Class Action MDL,” but this is incorrect.
-
What is the average firefighting foam settlement amount?
Settlement amounts in AFFF firefighting foam lawsuits depend on various factors.
Successful lawsuits typically provide evidence of exposure to AFFF, detailed medical records, and documentation of treatment and related costs.
These factors help determine the settlement amount that might be awarded.
While no settlements have been reached in the AFFF litigation so far, some estimates suggest settlements could range from $40,000 to $300,000 or more, depending on the specifics of each case.
These figures are estimates based on similar past cases, and there is no guarantee of compensation in any individual case.
-
What health problems are linked to AFFF exposure?
Exposure to AFFF has been associated with a number of cancers and other serious health conditions.
Cancers linked to AFFF exposure include, but are not limited to:
- Bladder cancer
- Breast cancer
- Colon cancer
- Colorectal cancer
- Endometrial cancer
- Kidney cancer
- Leukemia
- Liver cancer
- Lymphoma
- Mesothelioma
- Multiple Myeloma
- Non-Hodgkin Lymphoma
- Ovarian cancer
- Pancreatic cancer
- Prostate cancer
- Rectal cancer
- Testicular cancer
- Thyroid cancer
-
Do I qualify for the AFFF lawsuit?
If you or a loved one were exposed to AFFF and later developed cancer or other health issues, you may be eligible to file an AFFF lawsuit.
Contact the AFFF firefighting attorneys at TruLaw and our partner law firms for a free consultation.
You can use the chatbot on this page to instantly see if you qualify for the AFFF lawsuit.
-
Who has been exposed to AFFF?
Aqueous film-forming foam (AFFF) has been widely used in several industries, leading to potential exposure for many workers.
Occupational exposure to PFAS-containing firefighting foam has been reported in the following sectors:
- Military firefighters
- Other military personnel
- Civilian firefighters
- Chemical plant workers
- Airport firefighters
- Flight deck workers
- Workers responsible for transporting or disposing of AFFF
Retired or former workers, military veterans, and firefighters who were exposed to AFFF during their service or employment may be eligible to join the AFFF MDL and seek compensation for any illnesses linked to that exposure.
Experienced Attorney & Legal SaaS CEO
With over 25 years of legal experience, Jessie is an Illinois lawyer, a CPA, and a mother of three. She spent the first decade of her career working as an international tax attorney at Deloitte.
In 2009, Jessie co-founded her own law firm with her husband – which has scaled to over 30 employees since its conception.
In 2016, Jessie founded TruLaw, which allows her to collaborate with attorneys and legal experts across the United States on a daily basis. This hypervaluable network of experts is what enables her to share reliable legal information with her readers!
You can learn more about the AFFF Lawsuit by visiting any of our pages listed below:
Here, at TruLaw, we’re committed to helping victims get the justice they deserve.
Alongside our partner law firms, we have successfully collected over $3 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
At TruLaw, we fiercely combat corporations that endanger individuals’ well-being. If you’ve suffered injuries and believe these well-funded entities should be held accountable, we’re here for you.
With TruLaw, you gain access to successful and seasoned lawyers who maximize your chances of success. Our lawyers invest in you—they do not receive a dime until your lawsuit reaches a successful resolution!
Do you believe you’re entitled to compensation?
Use our Instant Case Evaluator to find out in as little as 60 seconds!
Camp Lejeune’s water contamination issue spanned several decades starting in the 1950s. Exposure to these chemicals has been linked to various serious health issues, including cancer, organ diseases, and death.
Research is increasingly suggesting a link between the use of Tylenol during pregnancy and the development of neurodevelopmental disorders, such as autism and ADHD, in infants.
Legal action is being taken against manufacturers of Aqueous Film-Forming Foam (AFFF), a chemical used in fighting fires. The plaintiffs allege that exposure to the foam caused health issues such as cancer, organ damage, and birth and fertility issues.
Here, at TruLaw, we’re committed to helping victims get the justice they deserve.
Alongside our partner law firms, we have successfully collected over $3 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
