Op/Ed: Veteran Asbestos Exposure Risk in Newport Beach and Compensation Under the PACT Act

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By Cristina Johnson, Navy veteran advocate for Asbestos Ships Organization

After the Great Depression in 1920, and long after WW2, asbestos was the preferred material for civil and military constructions. Because of the mineral’s fire-resistant characteristics, by the 1970s, 1,400 million pounds of asbestos were used annually in America, and most of this quantity was being used by the U.S. Military.

During WW2, the Navy’s famous Liberty Ships were packed full of asbestos, and at this time, there was virtually no knowledge of the long-lasting health effects of this material. Veterans working in the Army and the Air Force were also at risk, as asbestos was used in building various facilities and installations.

Inhaling or ingesting asbestos dust does not cause immediate acute severe effects, thus, researchers at the time had difficulties in establishing a direct causal link between asbestos and diseases.

In the 1940s, some data were indicative of this connection, but as asbestos-related diseases developed decades after initial exposure, it was only after 1970 that actual regulations for worker protection were instated following mounting evidence of this link. Notably, regulations for protecting military personnel were loosely implemented as recommendations.

Today, data collected from investigations carried out in populations who served in the army after 1950 shows that veterans working aboard these ships, especially in poorly ventilated areas such as boiler rooms, or carrying out maintenance activities here, are six times more likely to develop mesothelioma, a rare but deadly cancer with incurable status.

Additional studies using U.S. military former personnel also show that veterans are 50 percent more likely to develop lung cancers when compared to the general population. Many of these cases are attributed to asbestos exposure during the atomic era.

Asbestos Exposure in Newport Beach

California has the highest asbestos mortality rate, with a total of 27,080 cases recorded from 1999 to 2017. Orange County is third among areas with significant asbestos-related deaths, counting 2,374 casualties, at an average of 129 per year.

Many Navy and Air Force facilities are situated near Newport Beach, where asbestos was heavily used in the decades following WW2. Presently, 3,377 veterans live in Newport Beach, many having served at these locations and have potentially been exposed to asbestos during their military service.

Because of heavy civil and military asbestos use in the area, Newport Beach continues to face risks of exposure affecting not just veterans but also civilians. Only two years ago, a major decommissioned Air Force hangar caught fire, releasing hazardous asbestos fibers into the air, just 15 miles from Newport. Older buildings and structures that may be at risk of demolition further compound this risk.

Presumptive Laws for Asbestos and PACT Act Compensation

In 2022, asbestos was included as a presumptive causal agent for lung cancer, mesothelioma and asbestosis under the PACT Act. For many veterans affected, this now meant easier access to benefits and specialized free healthcare, eliminating the burden and bureaucratic hurdles placed on these people for having to demonstrate causality themselves. Nonetheless, despite progress achieved for compensation under the Act, many problems in policy and practice implications remain.

Recently, a report by the Department of Veterans Affairs (VA) watchdog, the Inspector General (VA OIG), found that almost $7 million was wrongfully granted to veterans by incorrect assessments of effective dates. VA’s ability to manage complex claim processes is thus now being questioned.

Concomitantly, it is also recognized that this process is stagnated by extended analysis times, often led by health commission advisories, which delay in making decisions as informed by the current existing body of knowledge on toxic exposure. Because of this, many toxic agents for which sufficient evidence indicates a link with severe diseases are yet to be included in the Act.

Among these, PFAS, or the so-called forever chemicals and volatile organic compounds or VOCs, remain excluded, despite growing scientific consensus on their carcinogenic potential and widespread presence in military settings.

This gap demonstrates a critical flaw in the responsiveness of veteran healthcare policy to emerging scientific evidence. As a result, thousands of veterans suffering from chronic illnesses potentially linked to these toxic agents remain ineligible for presumptive benefits and must endure lengthy and burdensome claim procedures.

In this context, advocacy for a more agile and transparent process is necessary to achieve alignment with current toxicological findings and prioritize the health and dignity of those who served.

Cristina Johnson is a Navy veteran advocate for Asbestos Ships Organization, a nonprofit whose primary mission is to raise awareness and educate veterans about the dangers of asbestos exposure on Navy ships and assist them in navigating the VA claims process.