Background: Camp Lejeune Water Contamination (1953-1987)
Marine Corps Base Camp Lejeune, located in Jacksonville, North Carolina, operated contaminated drinking water systems from August 1953 through December 1987. The contamination originated from two primary sources: (1) Hadnot Point Industrial Area — leaking underground storage tanks containing trichloroethylene (TCE), perchloroethylene (PCE), benzene, and vinyl chloride; (2) Tarawa Terrace water treatment plant — contaminated by off-base dry cleaning operations using PCE.
Approximately 900,000+ individuals — military personnel, their families, and civilian workers — were potentially exposed to these volatile organic compounds (VOCs) during the 34-year period. Studies by the Agency for Toxic Substances and Disease Registry (ATSDR) have linked TCE, PCE, and benzene exposure to multiple cancers and serious health conditions.
The Camp Lejeune Justice Act (CLJA): What It Created
Signed into law on August 10, 2022 as part of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act, the Camp Lejeune Justice Act (CLJA) for the first time allowed eligible claimants to file lawsuits against the U.S. federal government for harm caused by the contaminated water. Prior to CLJA, the Feres Doctrine and the Federal Tort Claims Act effectively barred such claims.
Key provisions of CLJA:
- Allows civil claims by anyone who resided, worked, or was otherwise exposed at Camp Lejeune for 30+ days between August 1, 1953 and December 31, 1987
- Waives the government's sovereign immunity for qualifying claims
- Requires claimants to first file an administrative claim with the Department of the Navy before filing a federal lawsuit
- Lawsuit venue: Eastern District of North Carolina (EDNC) federal court
- Statute of limitations: Two years from the date of enactment (August 10, 2024) for most claims (extensions may apply — consult an attorney)
The Elective Option: A Faster Path to Compensation
The Department of the Navy's Elective Option (EO) is a voluntary, administrative settlement framework introduced to expedite compensation for claimants with clear qualifying diagnoses. Instead of waiting years for federal litigation, claimants who accept the Elective Option receive a fixed settlement payment based on their specific disease category and confirmed exposure duration.
Accepting the Elective Option is a final resolution — once a claimant accepts an EO offer, the administrative claim and any related federal lawsuit are fully resolved. Claimants who decline the EO may still pursue a federal lawsuit in the EDNC.
Elective Option: Disease Tiers and Payout Brackets
| Tier | Qualifying Diagnosis | Exposure: 30-364 Days | Exposure: 1-5 Years | Exposure: 5+ Years |
|---|---|---|---|---|
| Tier 1A | Adult non-Hodgkin lymphoma (NHL) | $150,000 | $300,000 | $450,000 |
| Tier 1B | Kidney cancer | $150,000 | $300,000 | $450,000 |
| Tier 1C | Bladder cancer, adult leukemia | $100,000 | $250,000 | $400,000 |
| Tier 2A | Parkinson's disease and Parkinson's-like syndrome | $100,000 | $200,000 | $300,000 |
| Tier 2B | Neurobehavioral effects (cognitive impairment, PTSD-linked) | $100,000 | $150,000 | $200,000 |
| Tier 2C | Kidney disease / renal toxicity | $100,000 | $150,000 | $175,000 |
| Tier 2D | Female infertility, miscarriage, cardiac defects in offspring | $100,000 | $150,000 | $175,000 |
| Tier 3 | Other conditions (breast cancer, lung cancer, esophageal cancer, etc.) | Evaluated individually | Evaluated individually | Evaluated individually |
*Payout amounts are based on the Department of the Navy's published Elective Option framework. Actual amounts may differ based on individual claim review. Consult an attorney for your specific situation.
Who Qualifies: The Four Eligibility Criteria
- Presence at Camp Lejeune: Physically resided, worked, or was otherwise present at the base for at least 30 cumulative days (not necessarily consecutive) between August 1, 1953 and December 31, 1987. Qualifying areas include: Camp Lejeune housing areas (Hadnot Point, Tarawa Terrace, Holcomb Boulevard), schools, recreational facilities, and workplaces on base.
- Qualifying Diagnosis: Diagnosed with one of the diseases in the Elective Option tier list above. Diagnosis must be documented by a licensed physician with appropriate medical records.
- Causation Nexus: The disease must be medically consistent with exposure to the specific contaminants present at Camp Lejeune (TCE, PCE, benzene, vinyl chloride). ATSDR scientific studies form the evidentiary basis.
- Administrative Claim Filed: An administrative claim (Standard Form 95 or Navy-specific form) must have been filed with the Department of the Navy Judge Advocate General (JAG) Corps before pursuing the Elective Option or litigation.
Step-by-Step Claim Filing Process
Step 1: Gather Evidence of Presence
Collect documentation proving you were at Camp Lejeune during the exposure period. Sources include: military service records (DD Form 214), base housing records, school enrollment records, employment records (civilian workers), and medical records showing treatment at Lejeune.
Step 2: Obtain Medical Records for Qualifying Diagnosis
Your diagnosis must be confirmed by a licensed physician. Gather: pathology reports, oncology records, imaging reports, and treatment history. For Parkinson's and neurobehavioral claims, neurological evaluation records are essential.
Step 3: File Administrative Claim with the Department of the Navy
File Standard Form 95 (SF-95) or the specific JAG Corps Camp Lejeune claim form with: complete personal information, documentation of base presence, medical diagnosis records, and estimated damages. Submit to: Department of the Navy, Office of the Judge Advocate General, Claims Division, Washington, D.C. 20374-5074. Filing can also be done electronically via the claims portal.
Step 4: Navy Review and Elective Option Offer
The Navy has a statutory 6-month period to adjudicate administrative claims. During this period, the JAG Corps may issue an Elective Option offer if your claim meets the qualifying criteria. You will receive written notice of the offer amount and have a specified time to accept or decline.
Step 5: Accept or Decline the Elective Option
Consult with your attorney before making this decision. If you accept: you receive payment within a defined timeframe and your claim is resolved. If you decline: your 6-month administrative period expires and you may then file a federal lawsuit in the Eastern District of North Carolina.
Important Deadlines and Limitations
Frequently Asked Questions
The Elective Option is a voluntary administrative settlement offered by the Department of the Navy to Camp Lejeune claimants. Eligible claimants with qualifying diagnoses receive fixed compensation amounts from $100,000 to $450,000 without litigation, based on their disease tier and exposure duration.
Qualifications: (1) 30+ days of presence at Camp Lejeune between August 1953 and December 1987; (2) Qualifying diagnosis (NHL, kidney cancer, bladder cancer, Parkinson's, etc.); (3) Filed an administrative claim with the Navy JAG Corps within the applicable statute of limitations period.
Yes. The CLJA allows claims by anyone who resided or was otherwise present at Camp Lejeune during the exposure period — including spouses, children (including those born with birth defects to exposed mothers), civilian workers, and contractors. Veterans themselves, as well as surviving family members of deceased veterans, may file claims.
No. The Elective Option is an administrative settlement — faster and without court proceedings. Accepting it fully resolves your CLJA claim. Declining allows you to file a federal lawsuit in the Eastern District of North Carolina. Litigation typically takes significantly longer but may result in higher compensation depending on the strength of individual cases and court rulings.
Under IRC Section 104(a)(2), compensatory damages received for physical injuries or physical sickness are generally excluded from gross income. Camp Lejeune settlement payments for qualifying physical diseases are expected to be tax-exempt. However, attorney fees paid on a contingency basis and any punitive damages (if awarded in litigation) may be taxable. Consult a tax attorney or CPA for individual circumstances.
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