MILITARY FIREFIGHTERS ARE UNJUSTLY DENIED VA BENEFITS: HOW THE MICHAEL LECIK MILITARY FIREFIGHTERS PROTECTION ACT MIGHT CHANGE THAT

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By Miguel Leyva

Photo by Marine Corporal J.R Heins

August 4, 2023 (San Diego) --Working as a firefighter entails numerous dangers, from smoke inhalation to crush injuries from collapsing structures. Still, a more insidious health threat these courageous people face is toxic exposure, as a fire can release many hazardous agents, including carbon monoxide, benzene, asbestos, hydrogen cyanide, particulates, and sulphur dioxide. Even if they wear the maximum feasible protective equipment, firefighters are inevitably exposed to these substances to a significant extent. Because of occupational toxic exposure, cancer is the leading cause of death in firefighters. They have a 9% higher risk of being diagnosed with cancer and a 14% greater risk of dying from cancer than the general U.S. population. 

Unfortunately, military firefighters are no exception, as they encounter the same health hazards on the job, if not more.

One of the most common malignant diseases among firefighters is mesothelioma, a rare and aggressive cancer that occurs on the outer lining of the lungs. According to a study by the National Institute for Occupational Safety and Health, firefighters are twice as likely to develop it than the average individual. The only known cause of mesothelioma is asbestos exposure, which occurs frequently among firefighters. Up to 30 million houses across the country have at least one asbestos product in their structure, and when they catch fire, the material releases toxic fibers, which can easily be inhaled and ingested by firefighters.

However, asbestos exposure is even more prevalent among military firefighters. During the last century, the military extensively used asbestos for a wide variety of purposes, particularly the U.S. Navy. As a result, aboard each ship, there were over 300 different asbestos products, and engine and boiler rooms, mess halls, navigation rooms, and sleeping quarters areas contained asbestos. Firefighters also have a 62% higher risk of developing esophageal cancer and a 39% increased risk of dying from this disease. Asbestos exposure is often the culprit behind esophageal cancer, as military firefighters unwittingly breathe in toxic fibers while putting out fires. Nevertheless, inhaling other harmful agents contributes to esophageal cancer, too, such as gasoline and benzene.

With so many dangers they face regularly, one would think military firefighters who develop cancer are entitled to VA benefits to help with the high cost of treatment and other medical expenses. However, the reality is very different, as the VA does not currently recognize the obvious connection between military firefighting and cancer as a service-connected disability. For this reason, hundreds of military firefighters who struggle with a malignant disease are unable to access the VA benefits they deserve. The most telling example in this regard is the case of Michael Lecik, a former U.S. Air Force firefighter, who was diagnosed with multiple myeloma in 2019. 

Shortly after receiving the bad news, Lecik filed a claim with the VA, and, unsurprisingly, it was rejected. In 2021, he passed away from multiple myeloma. Nonetheless, his death might not be in vain, as subsequently, Representative Abigail Spanberger introduced the bill known as the Michael Lecik Military Firefighters Protection Act. The goal of the bill is to establish presumptions of service connection for diseases associated with firefighting. Some of the diseases associated with military firefighting the bill includes are lung disease, kidney cancer, heart disease, and leukemia. Eligible veterans would be those who are trained in fire suppression and who served on active duty in a military occupational specialty with a main responsibility for firefighting or damage control for at least five years.

The Michael Lecik Military Firefighters Protection Act had initially been introduced in 2020, but since it was not signed into law, it was reintroduced one year later. 

“This legislation would make sure diseases like Mike’s are recognized as service-connected disabilities — and that veteran firefighters can access the quality of care they deserve. It was my honor to know Mike, and it is my privilege to reintroduce this legislation — and push it forward with Congressman Bacon — in his name,” said Spanberger.

At the moment, the bill is pending in the Subcommittee on Disability Assistance and Memorial Affairs. If it becomed law, military firefighters struggling with cancer and with the financial burden of it would no longer have to worry about affording treatment, and we might also see considerably fewer cancer deaths among these brave people.

Miguel Leyva is a case manager at Atraxia Law in San Diego. He aids military firefighters injured by toxic exposure. Miguel Leyva helps veterans with cancer and other diseases gather and organize relevant information about their injuries so they can subsequently file a claim.

 


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