The Camp Lejeune Justice Act is not a VA benefit, and treating it like one is the most common mistake made with it. It is a federal lawsuit with its own court, its own filing sequence through the Navy, its own deadlines, and a causation standard borrowed from VA law but applied by federal judges. Your VA representative cannot handle it unless they are also a licensed attorney.
Two separate compensation paths
The Camp Lejeune contaminated-water situation now has two entirely separate paths to compensation.
Path 1: VA disability compensation. A veteran who served at Camp Lejeune or MCAS New River for at least 30 days between Aug 1, 1953 and Dec 31, 1987 can file a presumptive disability compensation claim under 38 CFR 3.320, listing one of the eight presumed conditions (adult leukemia, aplastic anemia and MDS, bladder cancer, kidney cancer, liver cancer, multiple myeloma, NHL, Parkinson's disease). This path produces monthly VA payments and is filed through VA.gov.
Path 2: Federal tort lawsuit under the Camp Lejeune Justice Act (CLJA) of 2022. This is the new one. It allows anyone, not just veterans, who lived at, worked at, or was in utero at Camp Lejeune for at least 30 days during the contamination window to sue the United States in federal court in the Eastern District of North Carolina. The Justice Act is Title VIII, Subtitle B of the Honoring our PACT Act of 2022 (Public Law 117-168).
You can pursue both paths. VA disability compensation is NOT offset by a CLJA award for the same condition.
Who is eligible under the Justice Act
- Veterans (active duty, reserve, National Guard)
- Family members of military personnel
- Civilian employees who worked on base
- Contractors who worked on base
- In-utero exposures, children whose mothers were exposed during pregnancy
- 30-day cumulative exposure requirement during the Aug 1, 1953 - Dec 31, 1987 window
What you have to show
The CLJA uses a causation standard that is friendlier than ordinary toxic-tort cases. A plaintiff has to show, by a preponderance of the evidence, that the exposure was at least as likely as not the cause of the injury. The same "at least as likely as not" standard that VA uses, applied through federal court.
The covered injuries are not limited to the eight VA presumptives. The act covers any harm caused by exposure to the contaminated water, including kidney disease (not just kidney cancer), end-stage renal disease, miscarriage, neurobehavioral effects in children exposed in utero, and others that VA's presumption list does not cover.
The filing window and procedure
- Administrative claim first. You first have to file an administrative claim with the Department of the Navy under the Federal Tort Claims Act. The form is the Standard Form 95.
- 180-day waiting period. Once the Navy has the claim, it has 180 days to act. If denied, or the 180 days pass without action, you can file suit in federal court.
- Lawsuit filed in EDNC. All CLJA lawsuits are filed in the U.S. District Court for the Eastern District of North Carolina.
- Statute of limitations. Under the CLJA, claims had to be filed within 2 years after enactment OR 180 days after a final denial of the administrative claim, whichever is later. The 2-year window closed August 10, 2024 for new administrative claims, BUT pending litigation continues. If you are uncertain of your status, consult a VA accredited representative or a CLJA-experienced attorney quickly.
Key procedural details
- No jury trials. CLJA cases are bench trials before federal judges.
- No punitive damages under the CLJA.
- Attorney fees are capped by the statute.
- VA accredited representatives cannot represent you in federal court unless they are also licensed attorneys. The CLJA path is a federal lawsuit, not a VA claim. Many veterans use one accredited representative for the VA claim and a separate plaintiff-side attorney for the tort case.
- Filing a CLJA case does NOT count against your VA disability claim.
Legal authority and sources
- Camp Lejeune Justice Act of 2022 (Title VIII, Subtitle B of Public Law 117-168)
- 38 USC 1710(e)(1)(F) (VA medical care for Camp Lejeune)
- 38 CFR 3.307(a)(7) and 38 CFR 3.320 (VA presumptive disability)
- 28 USC 2675 (administrative claim requirement under the Federal Tort Claims Act)
- DOJ Camp Lejeune Justice Act information page: https://www.justice.gov/civil/camp-lejeune-justice-act-claims
Related articles
- Camp Lejeune VA claims: the VA benefits side of the same history.
- Find accredited help: the tort claim and the VA claim follow different rules and different deadlines.
Related on this site
Common questions
What are the two Camp Lejeune compensation paths?
Path one is VA disability compensation: a presumptive claim under 38 CFR 3.320 for veterans with at least 30 days at Camp Lejeune or MCAS New River between August 1, 1953 and December 31, 1987, covering eight presumed conditions. Path two is a federal lawsuit under the Camp Lejeune Justice Act of 2022. You can pursue both, and VA compensation is not offset by a CLJA award for the same condition.
Who can sue under the Camp Lejeune Justice Act?
Anyone with at least 30 cumulative days of exposure during the contamination window, not just veterans: family members who lived on base, civilian employees, contractors, and children exposed in utero. Suits are filed in the U.S. District Court for the Eastern District of North Carolina.
What does a CLJA plaintiff have to prove?
That the exposure was at least as likely as not the cause of the injury, shown by a preponderance of the evidence. That is the same standard VA uses, applied in federal court, and the covered injuries are not limited to VA's eight presumptives; kidney disease, miscarriage, and neurobehavioral effects in children exposed in utero are among the harms the act reaches.
What is the filing procedure?
An administrative claim with the Department of the Navy comes first, on Standard Form 95 under the Federal Tort Claims Act. The Navy then has 180 days to act; if it denies the claim or the 180 days pass, suit can be filed in the Eastern District of North Carolina.