Camp Lejeune Water Contamination 2016:
VA Proposes Presumptions for Service Connection of 8 Diseases
After three decades, the VA is making headway into getting a final rule established for veterans and their families who were stationed at Camp Lejeune Marine Corps Base in Fayetteville, North Carolina and suffered disability through exposure to the base’s toxic water supply.
On Sept 9, 2016, the VA’s proposed rule hit the Federal Register. The rule will establish presumptions for the service connection of eight diseases suffered by veterans who came into contact with the military base’s contaminated water.
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Background on Camp Lejeune Water Contamination
Between 1957 and 1987, many Marines and their families stationed at Camp Lejeune were exposed to contaminated well water. Exposure involved physical contact, either drinking or bathing.
The toxic substances in the water include benzene, vinyl chloride, trichloroethylene (TCE) and perchloroethylene (PCE).
For full background on this tragedy, read our past article covering Camp Lejuene’s drinking water exposure to toxic chemicals.
Science Shows the Link between 8 Diseases and Camp Lejeune Water Contamination
VA now recognizes the connection between the following disabling diseases and Camp Lejeune’s water contamination:
- adult leukemia
- aplastic anemia and other myelodysplastic syndromes
- bladder cancer
- kidney cancer
- liver cancer
- multiple myeloma
- non-Hodgkin’s lymphoma
- Parkinson’s disease
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Proposal to Amend 38 CFR – Department of Veterans Affairs
Since each of these diseases represents a disability, VA plans to revise 38 CFR 3.307 to establish presumptions of service connection associated with exposure to contaminants in Camp Lejeune’s water supply.
The VA also aims to amend 38 CFR 3.309 to list the disabling conditions that are subject to presumptive service connection linked to the exposure to the toxins in Camp Lejeune’s water.
The new proposed rule will actually be an amendment to the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012.
Under the Camp Lejeune Act, Veterans with service records for a minimum of 30 days of military service stationed during the contamination period can currently get VA health and medical benefits.
What they cannot do is file for veterans disability compensation.
The contamination period covers these dates: from August 1, 1953 through December 31, 1987. The 30 days do not have to be served consecutively or continuously.
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30 Day Comment Period Is Happening Now
VA experts now acknowledge the nexus between the eight disabling conditions and the marine base’s water contamination.
However there is little foundation upon which to base the existing 30-day minimum exposure requirement (as currently held in the Camp Lejeune Act of 2012.)
To address this question of 30-days minimum exposure, a 30-day comment period is now open to the public before the VA drafts the final regulation. The comment period closes on Oct. 10 2016.
Usually there is a 60-day comment period. Sadly in this case, VA is aware of several veterans who are terminally ill as a result of the Camp Lejeune water contamination, some of whom may die from a proposed presumptive illness before a final rule can be issued.
Hence the comment period is shortened to enable the presumptive diseases and the proposed rule to become effective as soon as possible.
The presumptive illnesses apply to active duty, reserve and National Guard veterans.
Along with active duty soldiers, the VA presumption for service at Camp Lejeune will cover former reservists and National Guard members.
The proposed qualifying criteria will be the same for all:
- the veteran was exposed to toxins in the military base’s water supply between August 1, 1953 and December 31, 1987
- the soldier’s military personnel record includes orders or other records of at least thirty days service (consecutive or nonconsecutive) at Camp Lejeune during the contamination period
- the proposed rule permits establishing veteran status by presuming that a covered disability was incurred in the line of duty and arose during the qualifying period of service.
- The area covered by the proposed rule is the entire U.S. Marine Corps Base Camp Lejeune border, which includes Marine Corps Air Station New River.
Follow our blog for the latest developments regarding the VA proposed rule addressing Camp Lejeune water contamination and veterans’ disability compensation.
Questions? Contact Accredited Veterans Claim Attorney Marc Whitehead
If you were exposed to Camp LeJeune’s contaminated water supply, or if you have questions about a potential or ongoing Veterans disability claim, don’t give up.
We will help you get the benefits you deserve regardless of where you live. Call for a Free Veteran’s Case Evaluation.
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