The Camp Lejeune Justice Act – Evaluating and Understanding the Benefits

VVA is committed to ensuring that veterans and family members considering filing claims under the Camp LeJeune Justice Act are not taken advantage of by bad actors. Accordingly, the VVA Board of Directors took two important actions:

(1) The National Board voted to sign a Memorandum of Understanding with Bergmann & Moore (B&M), a trusted law firm that has an established partnership with VVA. B&M will offer screening services to VVA members, their friends, and families, to advise them as to whether filing a CLJA claim is in their best interests (because of the offset, some claimants might lose money, depending on their VA rating; and

(2) The VVA National Board enacted the following motion: “To recognize that there are several law firms and organizations seeking to profit from the Camp LeJeune Justice Act (CLJA) at the expense of our veterans and resolve that no individual from VVA National, State Council, or Chapter should associate, in their official capacity, with a firm seeking to solicit VVA members for CLJA cases without the express approval of VVA’s Board of Directors, effective November 10, 2022.”

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The Camp Lejeune Justice Act
Evaluating and Understanding
the Benefits with Answers to
Frequently Asked Questions

Ensuring You Understand the “Offset” 

The U.S. Government has recently confirmed the troubling news about toxicants at Camp Lejeune, confirming what many have suspected for decades. The Camp Lejeune Justice Act applies to military personnel, their families, and civilians who were exposed to the toxic water supply for at least 30 days between Aug. 1, 1953, and Dec. 31, 1987. Exposure to the toxic water at Camp Lejeune has caused multiple forms of cancer, neurological disorders, miscarriage, and death, among other injuries. Since the passage of the PACT Act in August, mass-tort firms all over the country have been saturating the airwaves with advertising offering speedy settlements with no strings attached.

Vietnam Veterans of America and Bergmann & Moore have worked together for nearly 20 years to provide effective legal representation for veterans (at no cost) who have VA disability benefits claims pending in federal court. Since 2010, Bergmann & Moore has successfully represented over 1,100 VVA members and their families in disability appeal claims.

Recently, Vietnam Veterans of America and B&M expanded their long-standing association to include the historic Camp Lejeune Justice Act.

Although the Camp Lejeune Justice Act potentially offers significant benefits to veterans and their families, these benefits need to be carefully evaluated by a firm that understands VA disability benefits, as the law contains an offset.

We are not a mass tort firm. We are VA disability benefits attorneys who have represented Veterans, widows, and families for 19 years.

Bergmann & Moore is working with Vietnam Veterans of America to ensure veterans and their families understand the offset and will work to ensure a CLJA benefit is not accepted before the claimant understands whether (and to what degree) VA disability benefits or care may be affected.

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Frequently Asked Questions
About Bergmann & Moore and the Service Project

 

Q: Is Bergmann and Moore accredited by VA?

A: Yes. Bergmann and Moore is managed by former VA attorneys who are accredited by VA.

Q: Will VA benefits I have received reduce an award under the Camp Lejeune Act?

A: The language of the CLJA indicates that there will be some sort of offset. It’s unclear at this time what that offset will be, however. It appears very likely that an award received under the CLJA will be reduced by the amount of VA disability benefits received pursuant to presumptions of in-service chemical exposure at Camp Lejeune. The extent to which this will happen is unknown, however.

Q: Will an award made under the Camp Lejeune Act reduce my monthly VA benefits payments?

A: The short answer is that no one knows right now. This is our greatest worry, however – in fact it’s why Bergmann & Moore decided we had to be involved in this litigation.

Q: What will Bergmann & Moore do to help prevent my VA and other benefits from being reduced by an award made under the Camp Lejeune Act?

A: Although the offset rules aren’t even known yet, we’re already working with a national firm to create an algorithm to give our clients notice about potential reductions in other benefits they receive. We will also use our experience in VA disability benefits law (we have been devoted to representing veterans and their families for over 20 years) to make sure our clients know of any risks to their current or future VA disability benefits that could occur.

Q: Can I file a VA claim and a (CLJA) tort case?

A: Yes. Bergmann & Moore encourages veterans to file both. To file a VA claim, please reach out to your Vietnam Veterans of America representative.

Q: I have a family member who died at CL. Can I file on their behalf?

A: Yes, survivors and loved ones may also bring suit.

Q: What are attorney fees and costs related to a CLJA claim?

A: We are in support of action by Congress or the Court to reduce the rate that can be charged by any firm. We believe veterans shouldn’t be charged unreasonable legal fees – especially ones with added “costs” that can easily amount to over 50 percent of a veteran’s award. Our legal fee is, therefore, 33⅓ percent. Not only is this fee well below the going rate, but we will charge no costs on top of that fee.

Q: When did I need to have been at Camp Lejeune?

A: August 1, 1953 – December 31, 1987

Q: Who can I contact?

A: Marc McCabe at MMcCabe@vetlawyers.com

Q: Where can I learn more?

A: For more information please visit: CampLejeuneLitigationTeam.com/vva/ or call 727-742-3188.

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Meet Marc L. McCabe
Bergmann & Moore’s
Camp Lejeune Spokesperson
and
Vietnam Veterans of America Liasion

Marc served in Vietnam with the 1st Battalion 5th Marines, 1st Marine Divi- sion FMF, before being assigned to India Co. 3rd Battalion 9th Marines 3rd Marine Division FMF Vietnam, later serving with Delta Company 3rd Force Recon and later with 2-1-2 2nd CAG 3rd MAF. He also served afloat with 3/9 BLT as well with 34 MAU and 31st MEU during his career. Among his decorations are the Combat Action Ribbon USMC Device, Republic of Vietnam Campaign Medal with 4 Bronze star devices and USMC Device, Republic of Vietnam Service Medal, Cross of Gallantry (individual award) with Silver Star, Cross of Gallantry with Palm, The US Army Presidential Unit Citation, FMF BADGE, Republic of Vietnam Civic Action Medal, and the Presidential Unit Citation (Navy), among others.t

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