The Camp Lejeune Justice Act's Elective Option: Faster Claims Resolution

The Camp Lejeune Justice Act of 2022 provides a legal framework for individuals who were exposed to contaminated toxic water at the Camp Lejeune military base between August 1, 1953, and December 31, 1987. This legislation enables affected veterans and others present at the base to file claims against the United States for harms resulting from the exposure. In addition to the standard claims process, the act introduces an Elective Option designed to expedite claims for those with specific medical conditions linked to the contamination. Under this option, claimants may receive financial compensation ranging from $100,000 to $550,000, based on the severity of their condition and the duration of their exposure.

What is the Camp Lejeune Justice Act of 2022?

On Aug. 10, 2022, President Biden signed into law the Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022. Section 804 of this law is the Camp Lejeune Justice Act of 2022 (CLJA), which allows service members and others previously exposed to contaminated water at Camp Lejeune to file a claim with the Department of the Navy. Individuals may seek relief in Federal court for a claim that is denied or no decision is made six (6) months after a claim is filed.

Am I qualified to file a CLJA claim?

If you worked, lived, or were otherwise exposed to contaminated water at Camp Lejeune for 30 days or more between Aug. 1, 1953, and Dec. 31, 1987, then you may seek relief for harm that was caused by, associated with, or linked to exposure to the toxic water, and/or exposure to the toxic water increased the likelihood of such harm.

How do I file a CLJA claim?

Any person who believes they qualify for relief under the CLJA must first submit a claim to the Department of the Navy.

How long will it take to process my CLJA claim?

Due to the overwhelming number of claims filed so far, most claims cannot be reviewed in the six (6) month timeframe provided for in the CLJA, and it is currently estimated that the wait for claims adjudication might take 1-2 years. The CLJA does allow claimants to seek relief in federal court if their claim is not resolved within six (6) months of filing. However, the Department of Justice and the Department of the Navy have worked together to develop an "Elective Option"  that can expedite the review and resolution of some claims filed under the CLJA.

What criteria does the Department of the Navy use to evaluate Elective Option claims filed under the CLJA?

The Department of Justice and the Department of the Navy developed an Elective Option to resolve some claims as fairly and quickly as possible. Within the Elective Option framework, claimants may be eligible for expedited resolution of their claim if they have suffered from at least one medical condition specifically listed as a "Qualifying Injury." For more information, including the list of Qualifying Injuries, please see the "Public Guidance on Elective Option for Camp Lejeune Justice Act Claims."

How much can a claimant receive under the Elective Option?

The Department of the Navy is authorized to pay a maximum value of $550,000 to resolve an administrative claim filed under the CLJA's Elective Option. The actual amount paid is based on the "tier" of Qualifying Injury and the length of time that the claimant was exposed to the toxic water. Not all claimants will qualify for payment under this Elective Option. Claimants who do not qualify for a payment under the Elective Option may still file a claim with the Department of the Navy and seek relief in Federal court if the claim is denied or six (6) months have elapsed after the filing of a claim. For more information, including the Elective Option Grid that explains the potential payout amounts, please see the "Public Guidance on Elective Option for Camp Lejeune Justice Act Claims."

What medical conditions are included in the Elective Option?

Based on the Agency for Toxic Substances and Disease Registry report cited by the Department of the Navy, claimants with the following medical conditions may be eligible for an expedited resolution under the Elective Option: Kidney Cancer, Non-Hodgkin’s Lymphoma, Leukemia, Bladder Cancer, Multiple Myeloma, Liver Cancer, Parkinson’s Disease, Kidney Disease, and Systemic Sclerosis / Scleroderma.

What are the dollar values available under the Elective Option?

Payments under the Elective Option are based on the claimant’s diagnosed medical condition and the length of the claimant’s exposure to the water on Camp Lejeune. Within the Elective Option framework, claimants may be eligible to receive a one-time payment ranging from $100,000 to $550,000. For more information, including the Elective Option Grid that explains the potential payout amounts, please see the "Public Guidance on Elective Option for Camp Lejeune Act Claims."

If I accept a payment under the Elective Option, will that impact my Department of Veterans Affairs benefits?

Unlike a court award under the CLJA, payments to claimants under the Elective Option are not offset by past Department of Veterans Affairs disability benefits or medical care. Furthermore, receipt of a payment under the Elective Option will not reduce ongoing Department of Veterans Affairs disability benefits or eligibility for medical care.

What do I do if my claim is denied?

If your claim is denied by the Department of the Navy, or if you do not receive a decision within six (6) months of filing your claim, you may file a lawsuit in Federal court.

Do I have to go to Federal court, or can I wait for my claim to be reviewed?

A claimant is not required to pursue relief in Federal court. Claimants may wait until the Department of the Navy reviews their claim, and then decide whether to go to Federal court.

How do I obtain copies of my personnel or employment records to file my CLJA claim?

The Department of the Navy, the Department of Justice, and the National Personnel Records Center, a division of the National Archives and Records Administration, are working together to find a global solution regarding the gathering of personnel and federal employment records for those CLJA claimants having military ties. To date, the National Personnel Records Center has received thousands of personnel and/or employment records requests from CLJA claimants to substantiate their CLJA claims against the United States. To expedite the claims process, the Department of the Navy will not require claimants to provide military personnel and/or federal employment records at the time of the initial filing of the administrative claim. Records needed for substantiating the claim may be requested at a later time on a case-by-case basis based on the Navy’s evaluation of the claim. Such substantiation requests, when necessary, will not be made by Department of the Navy until after our online CLJA claims portal is fully operational. At that time, where substantiation is needed, claimants and/or their designated representatives will be notified to provide those substantiating documents to Department of the Navy, and the claimant can then work with National Archives and Records Administration to obtain records as needed to substantiate their claim.

Do I need to file a claim with the Department of the Navy if I already filed a claim with the Department of Veterans Affairs?

Claims filed with the Department of Veterans Affairs are separate from the requirements set forth in the CLJA. If you believe you qualify to file a claim under the CLJA, please follow the steps set forth above to file a claim with the Department of the Navy.

If I filed a claim with the Department of the Navy, do I also need to file a claim with the Department of Veterans Affairs?

Claims filed with the Department of the Navy are separate from any claims filed with the Department of Veterans Affairs, and claims filed using the process discussed above do not impact benefits or programs administered by the Department of Veterans Affairs. For more information regarding Department of Veterans Affairs claims, please visit publichealth.va.gov.