Toxic exposure is a common occurrence in the military, affecting thousands of veterans, many years after service. Thus, providing compensation and free healthcare is a federal obligation to those who have served their country. Nevertheless, up to 2022, only a few diseases were presumed to be connected with military operations. For most veterans, receiving compensation meant undergoing an extensive bureaucratic process to demonstrate exposure and prove causality in the development of their condition. With the implementation of the PACT Act, the Department of Veterans Affairs (VA) recognized more than 20 diseases as presumably caused by toxic exposure during service. However, while this list is constantly expanding, the list of toxic agents for which a presumption of causality exists under the PACT Act remained the same. This leads to paradoxical situations, where some veterans receive compensation while others still need to prove causality, albeit these people suffer from the same conditions.
VOCs Toxicity and Military Exposure in Florida
Volatile Organic Compounds, or VOCs, are among the toxic agents that are only partially recognised by the PACT Act. These chemicals are common in industrial solvents, degreasers, and cleaners, as well as jet fuel, adhesives, and certain paints and coatings. Given their properties, VOCs such as trichloroethylene (TCE) and perchloroethylene (PCE) were extensively used by the U.S. military for decades in equipment maintenance, aircraft cleaning, and parts degreasing.
Although very efficient in these operations, VOCs quickly turn from liquids or solids into vapor, leading to a high probability of being inhaled by personnel operating with these substances. TCE and PCE are classified as chlorinated solvents, widely used in degreasing and cleaning metal parts. These substances present significant risks not only for military staff using them, but also for their families and local communities due to improper storage and leakage in and around military sites.
Florida is home to over 1.4 million veterans, including more than 8.000 living in Lakeland. Military sites such as Eglin Air Force Base and Naval Air Station Cecil Field played key roles in operations that relied heavily on solvents, fuels, and industrial degreasers. However, improper disposal and handling of these hazardous materials led to widespread contamination of soil, groundwater, and air. As a result, countless service members stationed at these facilities were directly exposed to toxic chemicals, and many continue to suffer the long-term health consequences well into retirement.
There is a strong body of literature built from epidemiological studies and research on human and animal models demonstrating that TCE has carcinogenic effects in various tissues, including kidneys, lungs, liver, testicles, and stomach. These effects are observed either as a result of ingestion or inhalation. Noncarcinogenic effects have also been reported for TCE, with serious effects in neural and cardiac tissue. Similar effects are observed in PCE exposure, indicating a strong potential for carcinogenic effects. Notably, PCE’s impact on neural tissue demonstrates stronger neurotoxicity, especially in children, where exposure is associated with reduced cognitive capacity.
To date, the Department of Defense (DoD) recognizes contamination with VOCs, for which compensation is provided, only in relation to contamination from Agent Orange, a pesticide used in Vietnam, burn pits, and Camp Lejeune. Although various other military bases are recognised to have VOCs pollution, affecting both veterans and their families, these areas are not considered part of presumptive toxic contact. Pressure from the public and extensive investigations carried out by the Environmental Protection Agency (EPA) forced the DoD to recognize Camp Lejeune as a site of exposure to dangerous VOCs, including TCE and PCE. Similar pressure may thus be necessary to have all sites recognized by expanding the PACT Act list of toxic agents impacting veterans for years on end.
VA Pressures, Funding, and Procedural Inconsistencies
Since 2022, the VA has processed over 1.7 million claims and granted more than 6.8 billion in compensation to veterans and their families. The costs of this programme are therefore substantial. Any new agent introduced on the toxic list will likely increase these costs. Yet for any agent dismissed, thousands of veterans’ claims are denied, even following long battles to demonstrate causality. This is far from a just representation of how the VA’s mission aligns with supporting and protecting former military personnel.
Recognizing the full scope of toxic exposures, including compounds such as TCE and PCE, is essential to ensuring equitable access to benefits for all veterans and removing inconsistencies from this system. With the EPA’s recent ban on TCE and PCE, the continued lack of recognition by the DoD may become increasingly difficult to justify. As scientific evidence continues to demonstrate the health risks associated with VOCs, expanding the list of recognized agents would represent a necessary and evidence-based step toward improving the integrity and fairness of the veterans’ compensation system.
About Author
Jordan Cade is an attorney at Environmental Litigation Group, P.C., a law firm based in Birmingham, Alabama. He oversees cases of environmental exposure, personal injuries, and medical malpractice.