Since the 1970s, the U.S. military has used Perfluoroalkyl and polyfluoroalkyl substances (PFAS), known as the forever chemicals, due to their effectiveness in fighting fuel fires. As the name implies, forever chemicals do not degrade naturally once released into the environment. The U.S. military and civilian firefighters use aqueous film-forming foam (AFFF) containing PFAS as an active ingredient to suppress flammable liquids. Due to its heat, water, and grease-resistant properties, PFAS is also applied as a coating on their gear and equipment. Yet, it has proven effective against firefighting and protecting the U.S. military personnel from the harsh environment caused by fire incidents; several studies have demonstrated health risks associated with PFAS exposure, such as testicular cancer, liver cancer, hormonal imbalances, and immune system disorders.
According to the Agency for Toxic Substances and Disease Registry, PFAS exposure occurs by consuming contaminated food and water, or breathing dust containing PFAS, and direct skin contact with PFAS or surfaces that harbor these chemicals. The Joint Base Langley-Eustis, an 8,200-acre installation on a peninsula in Newport News, Virginia, was established during World War I. It is a bombing range for Langley Air Force Base, an anti-aircraft training facility, and a transportation center. Such activities can pose fire hazards. As part of their training and fire safety measures, the base used another form of PFAS: perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS). Considering the health and environmental health risks involved, the U.S. Environmental Protection Agency (EPA) placed the military base on the National Priority List in December 1994. Recent data from 2021 indicates that PFOA and PFOS levels at the Fort Eustis and Langley Air Force ranged from 2.6 – 4.1 and <1.9 – 3.6 parts per trillion (ppt), respectively. The contamination affects the military personnel and impacts surrounding residential areas as these chemicals leach into creeks and estuaries, potentially contaminating the James River to which they are connected.
In 2016, the EPA enforced a combined exposure safety value of 70 ppt for PFOA and PFOS. They also acknowledged that health conditions can still occur even at acceptable levels of exposure. Thus, new safety limits have been established for these chemicals, with PFOA at 0.004 ppt and PFOS at 0.02 ppt. Compared to the environmental measurements of the Joint Base Langley-Eustis for PFOA, the lower value of 2.6 ppt exceeds 650 times, and the upper limit of 4.1 ppt is 1025 times greater than the new PFOA safety limit of 0.004 ppt. The PFOS range of <1.9-3.6 ppt also exceeds the new PFOS safety limit of 0.02 ppt. Similarly, the Vint Hill Farms Station that started in 1942 until 1997, the 701-acre intelligence military installation reported PFOA and PFOS levels of 410 ppt and 1,200 ppt for drinking water and 450 ppt and 1,300 ppt for groundwater. Both military bases indicate high levels of PFOA and PFOS contamination beyond what is considered safe. A general concept of exposure and disease outcomes is that higher PFAS exposure concentrations pose more significant health risks. Urgent preventive measures are needed to maintain PFAS exposure at acceptable limits.
U.S. veterans in Virginia can file for disability compensation through the Department of Veteran Affairs (VA). The most crucial requirement is proving a connection between their health condition and PFAS exposure during military service. Diagnosing the health condition can be problematic because there are symptoms of PFAS-related health conditions that can mimic other diseases with different exposure scenarios. Since it lacks clinical practice guidelines related to PFAS, the healthcare providers may not be fully informed or trained in handling such cases, affecting the validity of the veteran’s diagnosis.
Senator Jeanne Shaheen proposed the Veterans Exposed to Toxic PFAS Act, or the VET PFAS Act, which addresses the exposure to PFAS from firefighting foam used at military bases. First, it provides health protection by preventing the use of PFAS and providing safe and effective alternatives. Second, it offers more opportunities for research on studying the health effects of PFAS exposure. Lastly, it raises awareness among military service members and equips healthcare professionals to handle PFAS cases. With this, filing for disability compensation will be easier among U.S. veterans.
The passage of the VET PFAS Act will address the issue of PFAS contamination and its impact on U.S. military personnel and veterans by providing clear guidelines. Moral responsibility is one of the qualities of good governance. Protecting the heroes – military personnel and veterans serving the Country is essential. From a broader perspective, it will also protect those citizens who aspire to become U.S. Army personnel. The act’s passage also extends to those affected by environmental contamination by PFAS. While disability claims are beneficial among U.S. veterans, it is more efficient to focus on the preventive aspect of addressing the factors involving PFAS exposure rather than taking a reactive approach. Funds allocated for disability claims could be redirected towards preventive initiatives in public health, resulting in more savings and a healthier community in the long run.
Jonathan Sharp is Chief Financial Officer at Environmental Litigation Group, P.C. The law firm, headquartered in Birmingham, Alabama, assists military personnel who were injured due to toxic exposure during active duty.
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