The Veterans Exposed to Toxic PFAS Act
Provides Access to Medical Services for Veterans in Indiana and Ensures Disability Benefits
The Department of National Defense (DOD) introduced aqueous film-forming foam (AFFF) in military bases to fight fuel fires in the 1970s. AFFF contains an artificial compound called the Perfluoroalkyl and polyfluoroalkyl substances (PFAS), also known as forever chemicals. It has fire, water, and grease-resistant properties, making it excellent for extinguishing fuel fires. Moreover, PFAS is also used to coat the turnout gear used by U.S. military firefighters to protect them from the hazardous conditions brought about by fire incidents.
However, recent studies have raised concerns regarding the use of PFAS. Yet, proven effective in extinguishing fires and protecting our firefighters, PFAS exposure is associated with an increased risk of testicular cancer. Factors that influence the increase in testicular cancer mortality are lack of early diagnosis, lack of access to health care, and delayed cancer treatment. Sadly, the same factors that influence the increase in testicular cancer mortality also affect the process of claiming disability compensation.
According to the Agency for Toxic Substances and Disease Registry, exposure to PFAS occurs by ingesting contaminated food and water, inhaling contaminated soil and dust, or directly touching PFAS or surfaces that harbor these chemicals. Forever chemicals do not degrade naturally once released into the environment, and military bases are significant PFAS sources of groundwater and drinking water environmental contamination.
The Terre Haute National Guard Site was established during the Cold War in 1954 when the 113th Tactical Fighter Squadron was stationed there. The 638-acre military installation involves various operations: firefighting training, explosive handling, vehicle maintenance, and facility management. Historically, these activities prompted using another form of PFAS: perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS).
The DOD detected a combined PFOA and PFOS of 5.8 parts per trillion (ppt) at the site. Indeed, it did not exceed the 2016 PFOA and PFOS safety limit of 70 ppt enforced by the Environmental Protection Agency (EPA). However, the same agency recognized that there are no acceptable safe levels of exposure to PFAS. Therefore, the EPA has since updated new safety limits for these chemicals, with PFOA at 0.004 ppt and PFOS at 0.02 ppt. Given these revised limits, it’s clear that the environmental PFOA/PFOS levels at the Terre Haute National Guard Site now exceed the current safety standards.
U.S. veterans in Indiana can apply for disability compensation for health conditions related to PFAS exposure through the Department of Veterans Affairs (VA). To qualify, the veteran must prove their health condition is due to PFAS exposure during their military service. Proving a connection is challenging because health conditions associated with PFAS exposure usually develop over several years, and this long latency makes it difficult to recall the onset of symptoms when they first appear. On the other hand, healthcare providers may struggle to handle and diagnose these cases because there are no specific diagnostic criteria or clinical practice guidelines for PFAS-related health conditions. Often, PFAS-related health conditions may present symptoms similar to other diseases, leading to misdiagnosis.
In July 2024, the AFFF case count increased from 8,270 in June to 9,198. This rise indicates that more firefighters are filing personal injury lawsuits because the health conditions from PFAS exposure are becoming more apparent. In response, Senator Jeanne Shaheen proposed the Veterans Exposed to Toxic PFAS Act, or the VET PFAS Act, which aims to address the impacts of PFAS exposure among U.S. Veterans: it provides and eases access to hospital and medical services, funding research on PFAS health-related conditions, and finding safer alternatives to PFAS.
The passage of the Act will provide clear guidelines by establishing diagnostic criteria for PFAS-related health conditions. This will offer training opportunities for healthcare providers and create clinical practice guidelines for handling these conditions. The budget allocated for research opportunities will increase the number of diagnostic centers nationwide, enhancing the biological and environmental detection of PFAS. This reduces the odds of misdiagnosing the condition, providing a valid and robust cause-and-effect relationship between PFAS and health-related conditions.
Disability claims will indeed provide band-aid solutions to ease financial burdens for U.S. Veterans; the VET PFAS Act focuses on prevention strategies that deal with the root causes of PFAS exposure, thus preventing the increase of PFAS-related cases. It leads to healthier populations, reducing the burden on health systems and the need for disability support in the future.
About the Author:
Jonathan Sharp is Chief Financial Officer at Environmental Litigation Group, P.C. The law firm, headquartered in Birmingham, Alabama, assists military personnel who were injured due to toxic exposure during active duty.
