How the VET PFAS Act Could Help New York Veterans Injured by Toxic Exposure at Military Bases

By Jonathan Sharp, CFO, Environmental Litigation Group, P.C.

While the risks of military service are countless, from permanent hearing loss to serious combat injuries, a more insidious health threat is toxic exposure, which occurs at the vast majority of military bases nationwide. These installations are contaminated with perfluoroalkyl and polyfluoroalkyl substances, also known as PFAS or “forever chemicals.” Exposure to these harmful substances can result in numerous health problems, including kidney, prostate, and testicular cancer

New York is home to 838,000 veterans and 19 military bases, including Camp Smith. Established in 1882 and located in Westchester County, the military base has a high PFAS level in its environment, specifically 80 parts per trillion, which exceeds the EPA’s new safe exposure limit of 4 parts per trillion by 20 times. The source of “forever chemicals” at military facilities across the country is firefighters and trainees using AFFF, a fire suppressant that sometimes contains up to 98% PFAS.

Another site with known PFAS contamination in the county is Westchester County Airport, whose environment is polluted with 96 parts per trillion of these highly toxic chemicals, eclipsing the maximum permissible limit by 24 times. Today, the water supply of Yonkers contains seven contaminants of concern over the safe exposure limit, including chloroform, trichloroacetic acid, and bromodichloromethane. This means that other dangerous substances might have been used at Camp Smith during the last century, which ended up in the groundwater.

While PFAS exposure can also impact the health of residents living near military bases, veterans have to suffer the most as a consequence of toxic exposure, as they regularly came in contact with these chemicals during active duty. A recent study from Environmental Health Perspectives assessed the risk of developing testicular germ cell tumors in U.S. Air Force servicemen exposed to PFAS. The researchers found that elevated PFOS concentrations were positively associated with testicular cancer, including after adjustment for other PFAS.

Sadly, many veterans affected by PFAS exposure at military bases have a challenging time accessing the VA benefits they are entitled to. This is because the VA does not currently recognize the connection between “forever chemicals” exposure and the diseases it can cause. However, a sliver of hope for veterans whose health was compromised by toxic exposure could be the VET PFAS Act, which was introduced by Senator Debbie Stabenow on July 17, 2023. One of the goals of this bill is to establish a presumption of service connection for veterans who were stationed at military bases where PFAS exposure occurred.

Some of the diseases the VET PFAS Act would cover are kidney cancer, thyroid disease, ulcerative colitis, testicular cancer, and high cholesterol. Furthermore, the purpose of the bill is also to provide healthcare and medical services to veterans who lived at military bases where they were exposed to “forever chemicals.” If the VET PFAS Act was signed into law, veterans injured by exposure to these dangerous chemicals would have a significantly easier time obtaining the VA healthcare and disability compensation they deserve for their often life-threatening illnesses, as the connection between toxic exposure and their health problems would finally be recognized. 

About the Author

Jonathan Sharp is Chief Financial Officer at Environmental Litigation Group, P.C. Headquartered in Birmingham, Alabama, the law firm provides assistance to veterans injured by toxic exposure at military bases across the country. Jonathan Sharp is responsible for case evaluation, management of firm assets, and financial analysis.

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