Camp Lejeune Justice Act FAQ

This is a statement from the VA that can be found at this website: https://www.va.gov/files/2022-12/Camp%20Lejeune%20FAQ%20V12.6.22%201030hrs.pdf

“Whether Veterans and family members decide to seek relief under the CLJA is entirely their decision and will not influence VA’s decision to provide them benefits or health care based upon their exposure; it also will not affect the amount of benefits or health care VA can provide them. 

It is important to know, however, that if a Veteran or family member is awarded relief by the court in a lawsuit brought under the CLJA, the award must be offset by the amount of any disability award, payment, or benefit VA provided to the Veteran, family member, or their legal representative relating to exposure to water at Camp Lejeune. This would reduce the amount of the award Veterans or family members receive from the court, but it would not affect their VA benefits.” 

Sadly, many people have passed away either years before CLJA was passed, or in the process of waiting for their claim to be processed.  Some deaths are related to CLJA connected illnesses and others have passed from unrelated causes.  Either way, claims on behalf of someone who has passed away can be made through their probate estate.

When someone dies and there is a lawsuit on their behalf or benefits they are due to be pursued, in most cases a person must be appointed by the court system to have legal standing to pursue the lawsuit.  Generally, if the person eligible to receive CLJA benefits has dies, a personal representative must be appointed by the probate court to claim the benefits.  

The Navy claims form has a section that states “If you are filing on behalf of an estate or another person, please list your information….An authorized agent must provide evidence establishing express authority to act for claimant, showing title/legal capacity of person signing with evidence of authority to present a claim.  Please attach document with your claim form.”  Additionally there is another section that requires the agent to list their capacity or representation if they are representing an estate.

An estate should be opened in the county where the person was living at the time that they died.  If they died in another county, such as in cases when they are visiting someone, on vacation, or transferred to another hospital when they passed away, you still file in the county where they had been living.

Within 3 months after opening or reopening an estate, you must file form AOC E 505 “Inventory for Decedent’s Estate”.  You can find that form here:  https://www.nccourts.gov/assets/documents/forms/e505_0.pdf    In most cases, if your court case has not settled and no new assets have appeared, all columns will have a “0” in them.  You must file this form in the same county where you filed the estate.  There is a $15 filing fee for this document.

Additionally, one year after you have opened the estate, you must also file the annual accounting with form AOC E 506 found here:  https://www.nccourts.gov/assets/documents/forms/e506.pdf?_T2CldmZslcnGnwl2gz4LAoutlouIcnb

More detailed information can be found using the AOC Estate Administration Handbook AOC E 850 found here: https://www.nccourts.gov/assets/documents/forms/e850-en.pdf?VersionId=wAfy5o3sqw7oCN0qFSPp5N1aWnKA7nNK

1. First, you need to complete and file the appropriate form, called a Petition and Order to Reopen Estate (Form AOC-E-908). 

   • The form should also list your reasons for wanting to reopen the probate. 

2. Once the court reviews your Petition form, they will issue an order that may have additional paperwork to be filed by you (e.g., an oath form or new application).

3. After you have met all the court requirements, you need to open a new estate account and officially collect the newly discovered assets.

4. After the assets are officially added to the new estate account, you will need to pay any outstanding expenses or fees. The beneficiaries would then receive their share of the remaining money, which would be split between them in the same manner as the previous probate.

5. The last step would be to amend and refile the Final Account form by the new deadline set by the court, with information about the additional assets, fees, and how much each beneficiary received.

6. After the court approved the new Final Account form, the estate would be closed once more.

§ 28A-23-5, which is published by the Legislature at https://www.ncleg.net/enactedlegislation/statutes/pdf/bysection/chapter_28a/gs_28a-23-5.pdf, discusses reopening administration.  

If you were a Veteran, Reservist or National Guard member exposed to the water supply at Camp Lejeune between August 1, 1953 through December 31, 1987, and later developed one of the following eight diseases, the VA presumes the condition is connected to that water contamination.

·       Adult leukemia

·       Aplastic anemia and other myelodysplastic syndromes

·       Bladder cancer

·       Kidney cancer

·       Liver cancer

·       Multiple myeloma

·       Non-Hodgkin's lymphoma

·       Parkinson's disease

This does not mean there may not be other conditions connected to water contamination. These are the only ones the VA believes have been sufficiently studied to assume there is a link between the contamination and the condition.

Source: VA Public Health Page:  https://www.publichealth.va.gov/exposures/camp-lejeune/#:~:text=Presumptive%20conditions%20for%20Camp%20Lejeune,-VA%20has%20established&text=Aplastic%20anemia%20and%20other%20myelodysplastic,Liver%20cancer

Yes. If your loved one worked for at least 30 days at Camp Lejeune between 1953 and 1987, and had a resulting condition from the water, a claim may be filed on his or her behalf even if he or she has passed away. This is called a “wrongful death” claim. Because your loved one is not present to bring his or her claim, an estate must be opened and an executor/executrix or administrator/administratrix must be appointed to bring the claim. The executor/executrix or administrator/administratrix – usually a surviving spouse or child – will oversee any money that comes into the estate, including the wrongful death settlement and be responsible for distributing the settlement according to the rules above, following intestate succession.

If money is awarded related to the claim, the distribution must be made as determined by North Carolina’s wrongful death law. N.C. Gen. Stat. § 29-14, which is published by the Legislature at https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_29.html, describes what heirs take under the law, whether or not they passed away with a will.

Your claim can continue, even if you pass away.  Unfortunately, exposure to the contaminated water at Camp Lejeune is known to cause devastating medical conditions. If you pass away from one of these conditions before your claim has resolved, someone connected to you can continue your case for you by simply applying to be the Administrator or Administratrix of your estate. Any money awarded will be passed according to North Carolina law even if you executed a will.

Under North Carolina’s wrongful death law, the way your money will pass depends on who you leave behind. The law is generally set forth on the Legislature’s website: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_29.html.

Even though Camp Lejeune is a Marine base, the Navy JAG (Judge Advocate) is the division of the armed services that is handling the claim. The Marine Corps is a component of the Department of the Navy. Although the Navy and the Marine Corps are two separate branches of the United States Armed Forces, the Marine Corps is regarded as a part of the Navy because in 1834 the United States Congress merged these forces. 

Jennifer L. Crawford at Edwards Beightol, LLC, is available to answer your questions. She can be reached at 919-636-5100 or by clicking Contact Jennifer on her biography page: https://www.eblaw.com/jennifer-crawford.

No – you still have time! The Camp Lejeune Justice Act allows for filing of claims for injuries, death and other conditions from the contaminated water up to August 10, 2024.

If you meet the service requirements for Camp Lejeune, you may be eligible to enroll in VA health care. If you have any of the 15 covered health conditions listed below, you won’t have to pay a copay for care for that condition. 

• Bladder cancer

• Breast cancer

• Esophageal cancer

• Female infertility

• Hepatic steatosis

• Kidney cancer

• Leukemia

• Lung cancer

• Miscarriage

• Multiple myeloma

• Myelodysplastic syndromes

• Neurobehavioral effects

• Non-Hodgkin’s lymphoma

• Renal toxicity

• Scleroderma

Note: If you also get VA health care for other conditions that aren’t on this list, you may need to pay a copay for that care.

See the VA’s site here: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/camp-lejeune-water-contamination/#how-do-i-file-a-claim-for-disa