Addressing PFAS Exposure in the Military: How the VET PFAS Act 2023 Supports Veterans

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Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) are a group of chemicals with significant persistence in the environment and serious disease-causing effects for humans. In fact, PFAS withstand degradation to such an extent that they are also known as forever chemicals and can only be removed from the water and soil through specific and costly methods.  In the U.S. PFAS have been used since the 1950s, with more stringent legislation for safe disposal and production adopted only recently in light of decades of evidence that links these chemicals with serious health effects.

While PFAS were used in several industries across the country, the U.S. military extensively used PFAS in fire drill exercises as Aqueous Film Forming Foam (AFFF) for its fire extinguishing capacities. As a result, veterans and family members posted around 720 military bases were exposed to PFAS and are today experiencing severe chronic conditions, including cancer.

Key Provisions of the VET PFAS Act 2023

To claim disability compensation and receive state-supported medical care, veterans and affected family members had to demonstrate in court a link between PFAS exposure and their condition. Now, the  VET PFAS Act 2023 eliminates this demand, albeit with some mentions.

Under the Act, a claim is granted indubitably for veterans and family members exposed to PFAS and diagnosed with high cholesterol, thyroid disease, testicular cancer, kidney cancer, ulcerative colitis, and pregnancy-induced hypertension. The Act also applies to family members who were exposed to PFAS in utero.

Yet to date, there is sufficient research demonstrating that PFAS are linked with the development of various other cancers, including breast cancer, endometrial cancer, and lymphoma. In these cases, according to the Act, a decision is made by the Secretary of Veterans Affairs in consultation with the Agency for Toxic Substances and Disease Registry (ATSDR). These decisions are said to also be directed by new studies that can demonstrate a link between PFAS and conditions not mentioned by the Act. However, the extent to which these decisions would be made in a timely manner remains to be seen. Concomitantly, the Act covers only some military installations, although veterans have been exposed to other disease-causing toxins while serving overseas.

Implications for the Veteran Population

Healthcare services for cancer can reach anywhere between $6.000 to $100.000 per year depending on the type of cancer, progression stage, investigations, and prescribed therapies. This is a significant cost that further adds to the burden of disease when considering time lost in productivity due to disability or death. The VET PFAS Act 2023 thus aims to reduce the cost burden on veterans and their families by providing disability compensation, as well as free healthcare.

However, questions remain on the ability of the government to actually support these costs for veterans, especially given that a significant number of people have been exposed to PFAS during service. There was an estimated number of 19.5 million veterans in the U.S. in 2020. Around 600.000 of them from 116 military bases are now known to have been exposed to PFAS in drinking water, although the U.S. military initially reported almost six times fewer veterans to have been exposed. Covering health-related costs for all these people may prove to be challenging and veterans may still need legal representation in claiming these benefits.

In the general population, those who have been exposed to PFAS can claim compensation only through class action lawsuits. Although the new VET PFAS Act 2023 does improve access for veterans, this does not exclude the need for a legal battle, especially when veterans are diagnosed with conditions that are not yet listed by the act.

Overall, while the VET PFAS Act 2023 does not offer a straightforward path to compensation for all veterans exposed to PFAS, it still is a step forward in the right direction. With current research development and progress, this act may soon be amended to include other conditions and improve access to compensation for more veterans.