Many veterans return home from service feeling healthy, only to develop serious illnesses later in life. These conditions, such as respiratory disease, cancer, and neurological disorders, often have their origins in toxic exposures during military service. These exposures can include burn pits, Agent Orange, radiation, and contaminated water at Camp Lejeune. 

The delayed onset of symptoms does not disqualify a veteran from receiving benefits, but it does require legal action to establish a connection between the exposure and the illness. At Tabak Law, our team specializes in helping veterans claim compensation for toxic exposure injuries even if symptoms appear years or decades after discharge.

The Challenge of Latent Illnesses and the “Nexus” Requirement

To qualify for VA disability compensation, veterans need to establish three things: (1) a current medical diagnosis, (2) an event or exposure during service, and (3) a connection or “nexus” between the two. For claims related to toxic exposure, the most difficult part is often proving this connection when symptoms appear long after service.

The VA has historically resisted connecting late-onset diseases to military service. However, recent legislation has drastically changed this situation.

Landmark Laws Expand Eligibility for Toxic Exposure Victims

The PACT Act of 2022, or the Promise to Address Comprehensive Toxins Act, is a significant change. It adds more than 20 new presumptive service-connected conditions for veterans who were exposed to burn pits, particulate matter, and other airborne toxins, particularly those who served in Iraq, Afghanistan, and other designated areas. Under 38 CFR § 3.309(f), these “presumptive conditions” eliminate the need for veterans to prove a direct medical link, streamlining the approval process for thousands of veterans.

Similarly, veterans who were exposed to Agent Orange may benefit from long-standing presumptions under 38 CFR § 3.309(e) regarding certain diseases, such as prostate cancer, ischemic heart disease, and type 2 diabetes, even if they are diagnosed 30 or more years after their service.

For those who were stationed at Camp Lejeune between 1953 and 1987, the Camp LeJeune Justice Act of 2022 provides for filing of civil suits related to injuries caused by contaminated water. At the same time, VA benefits are still available under 38 U.S.C. § 1710C.

Overcoming Denials: When Presumptions Don’t Apply

Not every toxic exposure case can be easily categorized. Some veterans were exposed to toxins in locations that are not covered by the PACT Act or developed rare conditions that are not listed. In these situations, legal assistance becomes essential.

We build strong cases by:

• Documenting exposure: Using service records, unit histories, or environmental data to confirm presence in high-risk areas.
• Securing expert medical opinions: Independent physicians can establish a scientifically sound link between exposure and illness, meeting the standard in 38 CFR § 3.303(d), which allows for service connection for chronic diseases first diagnosed after service. 
• Leveraging lay evidence: Veteran and friend statements describing early symptoms or environmental hazards can strengthen credibility, as recognized in Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006).

Timing Isn’t a Barrier—But Strategy Is

There is no statute of limitations on filing a VA disability claim related to toxic exposure (38 U.S.C. § 5101). Even if your claim was denied years ago, newer laws like the PACT Act may allow you to reopen your case with a supplementary claim under the Appeals Modernization Act.

However, the VA often fails to apply these laws correctly. Veterans report being denied despite being clearly eligible – simply because assessors fail to take into account updated regulations or incorrectly interpret exposure criteria.

You’re Not Too Late—and You’re Not Alone

At Tabak Law, we recovered nearly $300 million on behalf of over 10,000 clients nationwide. Our mission is to provide compassionate and professional legal services for veterans in need. We represent veterans in every state and work on a contingency basis, which means you pay nothing until we win your case.

If you are suffering from an illness that you believe was caused by toxic exposure during your service, even if it began years ago, you may be eligible for significant compensation, medical care, and support for your family.

Don’t let time or bureaucracy get in the way of justice. If you or someone you know has been wronged, contact Tabak Law for a free consultation. Let us help you keep your promise to those who serve.