The New VET PFAS Act 2023: A Turning Point for New York Veterans Affected by Toxic Exposure on Military Bases

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September 27, 2023

By Jonathan Sharp–

New York is home to 838,000 veterans and has the fifth-largest veteran population in the country. Most of these brave people trained at military bases nationwide while they were on active duty. However, a lesser-known fact about military bases is that the environment of nearly all of these installations has been contaminated with perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS or “forever chemicals,” for decades. These substances are highly toxic, as exposure has a strong association with several cancers, including kidney, prostate, and testicular cancer. The source of PFAS on military bases across the country is firefighters using AFFF to put out hydrocarbon fires, a fire suppressant that sometimes contains up to 98% of these chemicals.

The Empire State is also home to 19 military bases, being one of the few states hosting a facility for every branch of the military. One of the military bases in New York with known PFAS contamination is Camp Smith. Established in 1882 and located approximately 16 miles from Tarrytown, at the northern border of Westchester County, this military installation has a “forever chemicals” level of 80.6 parts per trillion in its environment, which exceeds the new 4 parts per trillion limit safe exposure limit by over 20 times. In addition to PFAS, other harmful substances might have been used at Camp Smith, as today, the water supply of White Plains contains barium, chloroform, manganese, and strontium, which might have ended up in the drinking water from the military base.

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Westchester County Airport is another source of PFAS in the nearby area. Because the firefighting foam AFFF is also used by civilian firefighters to extinguish jet fuel and petroleum fires, contamination with “forever chemicals” also occurred at this airport. The current PFAS level in the environment of Westchester County Airport is 96 parts per trillion, eclipsing the new safe exposure limit by 24 times. Furthermore, PFAS were detected in all sampled wells across the airport. The old 70 ng/l EPA guidance value for PFOS and PFOA was exceeded in 31 of 54 sampled wells. Volatile organic compounds were also found in the wells across the airport. The compounds ethyl benzene, toluene, and xylenes were detected for the first time in several of the Hangar D wells.

Nevertheless, veterans who served at Camp Smith and other contaminated military bases across the country have the highest risk of developing serious, even life-threatening diseases. Once inside the body, PFAS remain there for a long time, taking four years for the level to go down only by half. A recent study from Environmental Health Perspectives investigated the association between serum PFAS concentrations and testicular germ cell tumors in U.S. Air Force servicemen. High concentrations of some PFAS were observed for military employment in firefighting – PFOS, PFHxS, and PFOA – and service at a base with high PFAS concentrations in drinking water. Elevated PFOS concentrations in the second sample were positively associated with testicular germ cell tumors.

On July 17, 2023, the bill known as the VET PFAS Act was proposed by Senator Debbie Stabenow. The goal of this bill is to provide for a service connection presumption for certain veterans who were stationed at military bases at which they were exposed to PFAS. Furthermore, the VET PFAS Act is meant to offer hospital care and medical services to veterans and dependents who were stationed at military installations at which those veterans and dependents were exposed to “forever chemicals.” If the bill was signed into law, this would be a major game changer for veterans impacted by toxic exposure at military bases, as they would have a significantly easier time obtaining the VA benefits they are entitled to, such as free healthcare and disability compensation.

As defined by the bill, a veteran exposed to PFAS is one who, during active military service, was stationed at a military facility at which individuals were exposed to these chemicals, including exposure through a drinking well that was used to provide water for human consumption that was contaminated with “forever chemicals.” Some of the diseases for which veterans whose health was affected by PFAS exposure could seek VA benefits are kidney cancer, ulcerative colitis, thyroid disease, preeclampsia, and testicular cancer. Until now, the VET PFAS Act was read twice and referred to the Committee on Veterans’ Affairs. Veterans injured by PFAS exposure at military installations often have a difficult time accessing the VA benefits they deserve, so this bill would simplify the process to a great extent.

About the Author

Jonathan Sharp is Chief Financial Officer at Environmental Litigation Group, P.C. The law firm, headquartered in Birmingham, Alabama, provides legal assistance to veterans injured by PFAS exposure on military bases. Jonathan Sharp is responsible for the management of firm assets, case evaluation, and financial analysis.

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