VA Claims for Exposure to AFFF | October 2024

Aqueous film-forming foam, commonly called AFFF, is a fire suppressant used at fire stations and military bases. It effectively puts out flammable liquid fires, including jet fuel.

Unfortunately, it also contains toxic chemicals that pose severe health risks. The Department of Veterans Affairs (VA) acknowledged that AFFF exposure could lead to health problems, including cancer. Here is an overview of available compensation and the claims process with the VA.

VA Claim Process for AFFF Exposure Claims

Eligibility for AFFF VA claims depends on:

• Your status as a current or past service member
• The link between your health condition and AFFF exposure
• Whether the exposure occurred during military service

If you can meet these requirements, you can start the claims process. That process involves:

• Claim application: You can complete the application online or mail a paper application to a VA office. Your application should show you have an existing medical condition linked to AFFF exposure during military service.
• Initial review and evidence gathering: The VA will review your application and collect evidence, including military records, medical information and other relevant information. They will contact you if they need clarification or additional information.
• Claim review: The VA will assign a claims examiner to review your claim and ensure they have enough information to decide on benefits. This step often exceeds 120 days.
• Decision: Once the claims examiner finishes their review, they will notify you whether they accepted or denied your claim. If they need more information, they will request it from you before deciding.
• Appeal (for denied claims): You can appeal the decision if you receive a denial letter. Use the forms provided to request a decision review and consider hiring an attorney to assist you and create a stronger case.

What is AFFF?

AFFF is a firefighting foam that the Navy developed in the 1960s. It is efficient for extinguishing flammable liquid fires that are resistant to water extinguishment. AFFF creates a dense foam blanket that suppresses fires and prevents them from reigniting and spreading.

Part of what makes AFFF effective for firefighting is its inclusion of per- and polyfluoroalkyl substances (PFAS). These synthetic chemicals are resistant to heat, water, and oil.

However, studies also discovered that these chemicals persistently remain in the environment and threaten human health. Called “forever chemicals,” PFAS do not break down easily and can accumulate in soil, water and human bodies over time. As a result, AFFF exposure symptoms can take years to become visible.

VA Compensation for Veteran Firefighters

The VA recognizes the serious health conditions caused by PFAS. Approximately 455 military sites face PFAS contamination. The Department of Defense (DOD) prioritizes this issue and continues to investigate and issue reports, which are updated each fiscal year.

Health conditions arising from PFAS exposure include cancer, thyroid disease, fertility issues, and immune system disorders. Any service members with these conditions should report to the DOD and VA so they can receive benefits and allow the departments to investigate military sites further.

Service members can do this by filing a claim for VA benefits. If successful, the VA offers disability compensation, health care, and other benefits. However, navigating VA benefits claims can be complicated and stressful. An attorney can help you with your claim and increase your chances of receiving these benefits.

AFFF Exposure Lawsuits

In addition to VA claims, many victims of AFFF exposure file lawsuits. Many of the plaintiffs in these suits are civilian firefighters. However, Navy and Air Force firefighters are also among the claimants.

These lawsuits claim that AFFF manufacturers knew of the dangers of AFFF but continued selling and marketing it. Defendants include some of the largest corporations in the U.S., including:

• 3M Company
• Chemguard
• Tyco (brand name Ansul)
• DuPont
• National Foam

According to recent AFFF case updates, there are over 8,000 active cases against these manufacturers.

If you face health issues due to AFFF exposure, now is an excellent time to file for VA benefits and consider legal action. Your first step is hiring a skilled lawyer to help you navigate your VA benefits claim and see if you can receive compensation through an AFFF exposure lawsuit. Complete our online form to start your free case review.