Advocating For You, Fighting For Justice. Call For A VA Decision Review 
For many veterans living in the Atlanta metro area, military service brought exposure to invisible, life-altering hazards. From the toxic water of North Carolina military bases to the smoke of open burn pits in Southwest Asia, environmental toxins have left a lasting legacy of chronic illness. If you are struggling with a severe medical condition related to your service, navigating the complex web of federal programs, VA regulations, and legal avenues can feel overwhelming.
Two major legislative developments have transformed how veterans pursue compensation for toxic exposure: the Camp Lejeune Justice Act of 2022 and the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. While both laws aim to address the devastating consequences of environmental toxins, they serve different purposes and operate through entirely different legal frameworks. Understanding these distinctions is the first step toward securing the support you need.
The Camp Lejeune Justice Act: A Federal Cause of Action
The Camp Lejeune Justice Act of 2022, passed as part of the broader PACT Act, established a landmark federal cause of action. This law allows individuals, including veterans, active-duty service members, civil servants, and their families, who lived or worked at Marine Corps Base Camp Lejeune, North Carolina, between August 1, 1953, and December 31, 1987, to seek compensation. To qualify, an individual must have been exposed to the contaminated water system for at least 30 days.
Unlike standard VA disability claims, a Camp Lejeune claim is a civil tort action against the United States government. Under the law, the United States District Court for the Eastern District of North Carolina has exclusive jurisdiction over these lawsuits.
The Department of Justice and the Navy have established an elective option to expedite settlements for certain qualifying injuries, such as leukemia, bladder cancer, Parkinson’s disease, and kidney cancer, as outlined by the U.S. Department of Justice. These civil claims are entirely separate from your monthly VA disability compensation.
Expanding VA Benefits: The PACT Act of 2022
While the Camp Lejeune Justice Act created a specific pathway for civil litigation, the PACT Act represents one of the largest expansions of veteran healthcare and benefits in history. According to the U.S. Department of Veterans Affairs, the PACT Act fundamentally changed the VA disability claims process by expanding eligibility for veterans exposed to burn pits, Agent Orange, and other toxic substances during their service.
The most critical feature of the PACT Act is the creation of presumptive service connections. Normally, to receive a disability rating, you must prove a direct link between your current medical condition and a specific event during your military service.
Under the PACT Act, if you served in designated locations during specific timeframes, the VA now presumes that your exposure to environmental hazards caused your condition. The law added more than 20 new presumptive conditions, including:
- Cancers: Brain cancer, glioblastoma, gastrointestinal cancers, kidney cancer, melanoma, pancreatic cancer, and reproductive cancers
- Chronic Illnesses: Asthma diagnosed after service, chronic rhinitis, chronic sinusitis, constrictive bronchiolitis, and chronic obstructive pulmonary disease (COPD)
If you previously filed a VA claim for one of these conditions and were denied, the PACT Act allows you to submit a supplemental claim to have your case reviewed under the new presumptive guidelines.
Navigating the Georgia Legal Landscape and VA Appeals
When dealing with toxic exposure claims, it is vital to distinguish between a Georgia personal injury lawsuit and a federal VA disability appeal.
Under Georgia law, standard personal injury claims are subject to a strict two-year statute of limitations under Official Code of Georgia Annotated (O.C.G.A.) § 9-3-33. But, VA disability compensation is a federal administrative benefit, not a state-level personal injury lawsuit. There is no statute of limitations on filing a VA disability claim or appealing a denial. But your effective date, which determines how much retroactive back pay you receive, is tied directly to when you initiate your claim.
My legal practice, Nabors Law Group, focuses exclusively on representing veterans whose VA disability claims have already been denied or given an inadequate rating. I do not file initial claims with the VA, nor do I handle state-level personal injury lawsuits. Instead, I step in during the appellate phase to help you challenge a VA decision.
If you are a veteran in the Atlanta area who has received a denial letter, you have several options for appeal:
- Supplemental Claim: This option allows you to submit new and relevant evidence to support your case, which is especially powerful when utilizing the new PACT Act guidelines
- Higher-Level Review: A senior claims adjudicator reviews your existing file to check for clear administrative or legal errors, without considering new evidence
- Board of Veterans’ Appeals (BVA): This path takes your case directly to a Veterans Law Judge, where you can request a hearing to argue your case
Crafting a Narrative to Overcome VA Denials
The VA claims system is notoriously cold and bureaucratic. When you appeal a denial, your medical files and military records are often treated as mere checkboxes on a form. This detached approach is why many valid claims for toxic exposure are denied: the paperwork fails to capture the true human cost of your service.
To build an undeniable case for service connection, I combine three vital elements:
- Your Own Words: Your personal testimony, along with statements from family members and fellow service members, provides an irreplaceable record of how your illness impacts your daily life, your ability to work, and your relationships
- Military Records: I meticulously analyze your service records to determine the exact locations, dates, and environments in which you were exposed to toxic hazards
- Independent Medical Opinions: I collaborate with external medical professionals, including oncologists, pulmonologists, and trauma-centered psychologists, to obtain objective, scientific evidence that directly links your current diagnosis to your toxic exposure during service
Stand Strong with Dedicated Legal Advocacy
Dealing with a chronic illness is exhausting, and fighting the federal government for the benefits you earned should not be a battle you face alone. If the VA denied your toxic exposure claim, or if you believe your current disability rating does not accurately reflect the severity of your illness, I am here to help you navigate the appeals process.
Let me handle the complex paperwork, gather the necessary medical evidence, and build a persuasive case to secure the maximum benefits you need to care for yourself and your family.
Contact Nabors Law Group today at 678-253-4884 to schedule a free, no-obligation VA disability case review.
