A Camp Lejeune Settlement Is Not Free Money On Top Of What The VA Already Paid You
Camp Lejeune settlement checks have been going out in much bigger numbers this year, and a lot of people are treating the number on their offer letter as a clean, guaranteed final total.
It isn't always that simple.
Quick context first: the filing deadline for new Camp Lejeune Justice Act claims closed back on August 10, 2024. This applies to people who already filed and are now waiting on their claim to resolve, not new claimants — if you haven't filed, that window has passed.
Here's what surprises people who did file. Receiving a Camp Lejeune settlement doesn't cancel your VA disability compensation, and you're allowed to have both. But the settlement itself can be offset, meaning reduced, by VA disability payments or certain other federal benefits you've already received specifically for that same illness. If the VA already paid you compensation tied to a bladder cancer diagnosis, for example, that amount can be subtracted from your Camp Lejeune settlement for that same condition.
This is exactly why the number on your first offer letter isn't necessarily your final number.
If you get an offer through the Elective Option, the administrative settlement track, you generally have 60 days to accept or decline. Accepting resolves things faster. Declining preserves your right to pursue the claim through the ongoing litigation in the Eastern District of North Carolina, which can produce a higher outcome in some cases, but takes considerably longer, with bellwether trials still working through key legal questions this year.
The bottom line is this: a Camp Lejeune settlement and VA disability compensation aren't mutually exclusive, but they aren't fully separate either. Read exactly what your offer letter says about offsets before deciding whether to accept it.
Has anyone here been through the Elective Option process? How did the offset piece play out for you? 👇
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