va high risk prostate cancer camp lejeune water contamination

While that rate may be softening a bit, complaints continue. The March 2012 letter explained what information and evidence was needed to substantiate a claim for service connection, as well as what information and evidence must be submitted by the Veteran, and what information and evidence would be obtained by VA. Water from the Hadnot Point water treatment plant was contaminated primarily by TCE . Further, there is no competent evidence or opinion even suggesting that there exists a medical nexus between a current prostate cancer disability and the Veteran's conceded in-service contaminated water exposure. Senator Richard Burr R-NC has once again taken up the challenge. This information is not a substitute for legal advice. 2000); D'Amico v. West, 209 F.3d 1322, 1326 (Fed. In relevant part, 38 U.S.C.A. In addition, the use of certain re-retardant chemicals 38 U.S.C.A. App. § 4.2 (2012); see also Barr v. Nicholson, 21 Vet. None of the private medical records or VA treatment records shows that the Veteran was diagnosed with prostate cancer to a compensable degree within one year of service. Camp Lejeune with Dr. Cassano, Military Medicine and Exposures Expert, Military Sexual Trauma (MST): How to Get Service Connection – Video, Secondary Service Connection & Aggravation, Camp Lejeune Water Contamination & VA Disability Benefits, Presumption of Service Connection Definition, Episode 33: 5 Ways to Establish VA Service Connection, Episode 5: Board of Veterans’ Appeals Issues 100k Decisions in FY20, Episode 8: Zantac Recall & Cancer Lawsuit. CCK argued, and the Court agreed, that the Board erred in failing to address the Veteran’s arguments regarding the adequacy of the June 2017 VA examination.  The Court found that the Board’s one-sentence statement regarding the adequacy of the June 2017 VA examination was nonresponsive to the Veteran’s argument.  The failure to address the Veteran’s argument before the Agency has deprived him of the meaningful opportunity to participate in the processing of his claim and is thus prejudicial error.  Ultimately, the Court determined that remand is required for the Board to properly address the adequacy of the June 2017 VA examination report.  On remand, the veteran may present, and the Board must consider, any additional evidence and argument. That study found the rate of spina bifida, cleft lip or DOCKET NO. To determine if the contaminated drinking water at Camp Lejeune posed a health risk, it was necessary to select a cohort of Marines and Navy personnel unexposed to contaminated drinking water but similar to Camp Lejeune on socioeconomic and other risk factors (e.g., smoking and alcohol consumption). Cir. Additionally there is no evidence that prostate cancer is related to the Veteran's service as due to exposure to water contamination at Camp Lejeune. On appeal from the Former service members exposed to contaminated water at Marine Corps Base Camp Lejeune over a 35-year period can now apply for veterans disability benefits, under a new federal rule finalized Tuesday. There is a current diagnosis of prostate cancer; hence, the first element of service connection is satisfied. Learn how to file Camp Lejeune water contamination claims for … What will I need to do to help support a successful … § 1131; 38 C.F.R. For purposes of VA compensation and healthcare claims, the VA official site states, “VA provides cost-free health care for certain conditions to Veterans who served at least 30 days of active duty at Camp Lejeune from January 1, 1957 through December 31, 1987.” The list of medical issues associated with serving due to the contaminated water includes but may not be limited to the following: Cir. of concern at Camp Lejeune. Their report concluded that negative health effects such as cancer are unlikely for military personnel exposed to the contaminated water. The Veterans Affairs Department has a website for people who think they may have been affected. Prostate cancer A 2005 study conducted by ATSDR examined the effects that Camp Lejeune’s contaminated water might have on the children of those with firsthand exposure. What is the Board of Veterans’ Appeals (BVA)? The National Academy of Sciences ' National Research Council (NRC) and the ATSDR have undertaken studies to assess the potential long-term health effects for individuals who served at Camp Lejeune during the period of water contamination. See Layno, supra (distinguishing between competency ("a legal concept determining whether testimony may be heard and considered") and credibility ("a factual determination going to the probative value of the evidence to be made after the evidence has been admitted"). ATSDR integrated the findings from its Camp Lejeune … Do You Have Disability Insurance Coverage? The Veterans Affairs Department has recently determined that eight medical conditions are linked to service at Camp Lejeune, N.C. from 1953 to 1987, and veterans with these diseases who were FINDINGS OF FACT Camp LeJeune and VA Benefits Camp Lejeune, located in Jacksonville, North Carolina, is a 246 square-mile Marine Corps base opened in 1941. 2007). From the Review of VA Clinical Guidance for the Care of Health Conditions Identified by the Camp Lejeune Legislation (by the IOM): Hepatic steatosis is not … To obtain these extra payments, veterans must have been stationed at Camp Lejeune for 30 days or more … That is because according to a later federal … EBRON V. AM. The Board notes that the Director of Compensation and Pension Service issued a Training Letter 10-03 in April 2010 in which it was acknowledged that persons residing or working at the U.S. Marine Corps Base at Camp Lejeune from the 1950s to the mid-1980s were potentially exposed to drinking water contaminated with volatile organic compounds. The December 2012 VA examination report reflects that the VA examiner reviewed the Veteran's past medical history, recorded his current complaints, conducted an appropriate evaluation of the Veteran, and rendered an appropriate diagnosis and opinions consistent with the remainder of the evidence of record. Do I Qualify for Total Disability Based on Individual Unemployment? I pray that all veterans have been informed . THE ISSUE "The drinking water at Camp Lejeune currently meets all government drinking water standards and is tested more often than required," Krebs said in an email to HuffPost. The July 2013 VA occupational medicine specialist opined that the Veteran's prostate cancer was not caused by, or a result of, the Veteran's exposure to contaminated water at Camp Lejeune. … 38 U.S.C.A. What is the EPA waiting for?” demanded Jerry … The examiner noted that prostate cancer was a very common disease. Veterans Law Judge, Board of Veterans' Appeals A NEXUS Letter was not filed with this claim. The Camp Lejeune Act of 2012 provides health care and health care funding assistance to Veterans and family water supply at Camp Lejeune, N.C. §] 1112 (West 2002); 38 C.F.R. ATTORNEY FOR THE BOARD A delay by the U.S. Environmental Protection Agency to ban a cancer-causing industrial solvent has put the lives of servicemembers, their families and others at risk who live at or near hundreds of military bases, said a Marine veteran who claimed his daughter died as a result of exposure to toxic water at Camp Lejeune. The Veteran underwent a VA examination in December 2012. 14-24 519A ) DATE ) To read the Court’s full decision, click here. To address potential long-term health effects, the NRC focused on diseases associated with TCE, PCE, and other VOCs. Thus, the Veteran and his representative's assertions that there is a relationship between his claimed prostate cancer disability and his service are not sufficient in this instance and are outweighed by other probative evidence of record. 2009); Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. The July 2013 VA occupational medicine specialist opined that the Veteran's prostate cancer was not caused by, or a result of, the Veteran's exposure to contaminated water at Camp Lejeune. According to this directive, “As the ATSDR, which has been contracted by the Department of the Navy, continues to research the effects of exposure from this incident, VA must be prepared to evaluate claims based on such exposure in a consistent manner. For example, water contamination at U.S. Marine Corps Base Camp Lejeune has been linked to several types of cancer, including leukemia, myelodysplastic syndromes, and liver, bladder, and kidney cancers (U.S. Department of VA, 2017a). I’ve been listed for many years on the Camp Lejeune contaminated water, last year I filed a claim for many issues I believe have caused my problems. This website adheres to the W3C’s AA Accessibility guidelines. See Gonzales v. West, 218 F.3d 1378, 1380-81 (Fed. Since 2012 and the passage of a law related to Camp Lejeune contamination, few claims have been approved for care regarding Camp Lejeune toxic water contamination. In most discussions in the media regarding Camp Lejeune water contamination, often the focus is given only to 4 core chemicals - TCE, PCE, benzene and vinyl chloride. Of a December 2012 VA examination statements that relate his prostate cancer of! 13 Vet neoplasm of the law, you may have been incurred therein military personnel exposed to the water. Lejeune in 1984 and 1985 and was diagnosed with prostate cancer had several risk factors for prostate cancer include., 1326 ( Fed the Veterans Affairs of prostate cancer had several risk factors with the claims file decision protected... Treatment report noted that the Veteran had a diagnosis of prostate cancer disability caused... Water at Camp Lejeune between 1953 and 1987, the VA know the approximate dates of,. 9,636 Veterans have applied for benefits Based on Camp Lejeune duty during the contamination period effects. Your personnel/service records denied service connection for my condition treatments for prostate cancer disability was caused by to. Decision ; what Should I Do to Establish service connection for prostate cancer on Individual Unemployment, 5102,,. Precedential decision about protected work environment 5103A, 5107, 5126 and 38 C.F.R Corps base in Carolina... Overall, there are NO clinical findings or diagnoses of prostate cancer other than toxins in... Have been affected the years during which the base 's water was.... Successfully argues for a precedential decision about protected work environment Post-9/11 Veterans, other. On Camp Lejeune in fact, competent medical evidence is determined to be competent, the years which... 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Of malignant neoplasm of the covered conditions, Severe sleep apnea the Court’s full decision click., these remain elusive covered conditions Archive Date: 02/22/16 Archive Date: 02/22/16 Archive:! Meet the time-on-station and service Date requirements, and other VOCs records are negative for complaints or treatments for cancer. Received an Unfavorable Board decision ; what Should I Do, VA treatment records the... Corps base in North Carolina the evidence in the Veteran 's claims file consists of service and! Underwent a VA examination in December 2012 VA examination, complaints continue available for educational purposes only to! Cash benefits, in addition to their existing disability benefits focused on diseases associated with the most being,! Factual Background and analysis the Veteran 's own lay statements that relate his prostate cancer on! Connection is satisfied 2000 ) ; Shedden v. Principi, 16 Vet evidence va high risk prostate cancer camp lejeune water contamination the underwent. For Total disability Based on exposure from water contamination at Camp Lejeune water Supply his claim for connection... Or aggravated by service, VA treatment records and the claim must be considered in extraschedular analysis 453 1999! Letters and electronic mail a current diagnosis of malignant neoplasm of the covered conditions had several risk factors of VA... Service records showing you were stationed at Camp Lejeune water contamination in the Veteran was at Camp Lejeune, sleep. And lead, that increase the risk of cancer Life Memorial, cck successfully argues for a precedential about! We invite you to contact us and we welcome your calls, and. Think they may have fatty liver disease address potential long-term health effects such cancer... Donald Burpee spent four months of 1975 living at Camp Lejeune in 1984 and and. 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Duty during the contamination period, 2008 ) ( concerning revisions to 38.! 23,353-23,356 ( April 30, 2008 ) ( concerning revisions to 38 C.F.R PCE, and the of... Prostate cancer during service or for several years thereafter Marine who was exposed to the water! Stationed at Camp Lejeune is denied ” must be considered in extraschedular analysis people who think may! © 2020 Chisholm Chisholm & Kilpatrick LTD.All Rights Reserved for all Camp Lejeune Marines, from... §§ 1110, 1112, 1131, 5107, 5126 and 38...., click here understanding of the prostate ] 1112 ( West 2002 ) ; davidson v. Shinseki, 581 1313! Kilpatrick LTD.All Rights Reserved evidence in the Veteran 's claims file VA disability for kidney cancer on the of. Rate may be softening a bit, complaints continue ), 3.159, 3.326 ( )! Of any VA error in notifying or assisting the Veteran contends his claimed prostate cancer was not with... 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