va high risk prostate cancer camp lejeune water contamination
§§ 3.102, 3.156(a), 3.159, 3.326(a). Water contamination at Camp Lejeune existed for decades and exposed thousands of people to serious health risks. ATSDR integrated the findings from its Camp Lejeune â¦ Now the rules that will allow potentially thousands of veterans stationed at the base — or surviving spouses — to receive automatic disability benefits if they have been diagnosed with … Cir. For this reason, a cohort from Camp Pendleton was selected. 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"). 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. Under 38 C.F.R. A prostate cancer disability was not manifest in service, was not manifest within one year of separation and is not related to service to include as due to exposure to contaminated water at Camp Lejeune. Appellant represented by: Robert V. Chisholm, Attorney at Law As such, the Board finds that the December 2012 VA examination report is sufficient upon which to base a decision with regard to this claim. A new study finds a higher death risk for Camp Lejeune Marines, probably from contaminated water. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. The bill is cosponsored by … Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. Notice should be sent prior to the appealed rating decision or, if sent after the rating decision, before a readjudication of the appeal. Board Improperly Denied Service Connection for Prostate Cancer Based on Camp Lejeune Contaminated Water Exposure. EBRON V. AM. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK successfully argues for a precedential decision about protected work environment. §§ 3.303, 3.307, 3.309 (2015). But if it makes up more than 5%-10% of the organ’s weight, you may have fatty liver disease. In so 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 He has introduced S.277 that will provide hospital care, medical services and nursing home care to veterans and their families who were stationed at Camp Lejeune, North Carolina while the water was contaminated. The levels of PFAS in drinking water were found to be 240 to 3400 times higher … On Friday, outgoing Sec VA Robert McDonald approved massive payouts for an estimated 900,000 veterans exposed to toxic Camp Lejeune water. Entitlement to service connection for prostate cancer to include as secondary to exposure to contaminated water at Camp Lejeune. This website adheres to the W3C’s AA Accessibility guidelines. You must be diagnosed with one of the qualifying diseases or any type of cancer in order to receive injury fund claims and additionally a … The examiner noted that the Veteran was at Camp Lejeune in 1984 and 1985 and was diagnosed with prostate cancer in 2011. § 5107(b). App. The Board finds that the competent evidence of record, while showing the currently diagnosed disability of prostate cancer, does not demonstrate prostate cancer manifested to a compensable degree within one year of separation. Water from the Hadnot Point water treatment plant was contaminated primarily by TCE . § 1154(a) requires that the VA give "due consideration" to "all pertinent medical and lay evidence" in evaluating a claim to disability or death benefits. The benefit-of-the-doubt rule does not apply, and the claim must be denied. 1. 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. Disclaimer: This information is not legal advice. See Maxson v. West, 12 Vet. However, a veteran seeking disability benefits must establish not only the existence of a disability, but also an etiological connection between his military service and the disability. An April letter from the VA indicates 9,636 veterans have applied for benefits based on exposure from water contamination at Camp Lejeune. This is being done in order to provide better service to this special category of claimants. These members who lived on Camp Lejeune, meet the time-on-station and service date requirements, and have one of the covered conditions. The Veteran was diagnosed with prostate cancer in 2011 and has been seeking service connection based on exposure to contaminated water while serving at Camp Lejeune. § 4.2 (2012); see also Barr v. Nicholson, 21 Vet. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the VA shall give the benefit of the doubt to the claimant. By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. 6 (SITE 2) MCB CAMP LEJEUNE, NORTH CAROLINA Receptors Lawn and Mixing Pad Areas ICR HI Lawn and Mixing Pad Areas - Time Critical Removal Action ICR HI Former Storage Area ICR HI Former Storage Area Time Critical Removal Action ICR HI … Decision Date: 02/22/16 Archive Date: 03/01/16 Medical records indicate the contaminated water at Camp Lejeune caused kidney … He says the Marines never notified him of toxic water at the base. What will I need to do to help support a successful … Camp LeJeune and VA Benefits Camp Lejeune, located in Jacksonville, North Carolina, is a 246 square-mile Marine Corps base opened in 1941. Donald Burpee spent four months of 1975 living at Camp Lejeune, a Marine Corps base in North Carolina. Qualifying health conditions: • 38 U.S.C.A. Overall, there is no evidence of any VA error in notifying or assisting the Veteran that reasonably affects the fairness of this adjudication. Latest update: The Camp Lejeune Community Assistance Panel meeting will be held on August 8, 2018. Cir. CONCLUSION OF LAW In a June 2012 VA medical opinion, the examiner opined that the Veteranâs current prostate cancer was less likely as not caused by or the result of his exposure to contaminated water at Camp Lejeune from 1957 to 1987. The Veterans Affairs Department has a website for people who think they may have been affected. Also known as “fatty liver” disease, this is one of the 15 health conditions covered by the VA for Camp Lejeune victims. In addition to TCE and PCE, ATSDR has also indicated that high concentrations of benzene, Vinyl Chloride, and trans-1, 2-dichloroethylene (1, 2-DCE) were detected in the drinking water system. CCK argued, and the Court agreed, that the Board erred in failing to address the Veteranâs arguments regarding the adequacy of the June 2017 VA examination.Â The Court found that the Boardâs one-sentence statement regarding the adequacy of the June 2017 VA examination was nonresponsive to the Veteranâs argument.Â The failure to address the Veteranâs argument before the Agency has deprived him of the meaningful opportunity to participate in the processing of his claim and is thus prejudicial error.Â Ultimately, the Court determined that remand is required for the Board to properly address the adequacy of the June 2017 VA examination report.Â On remand, the veteran may present, and the Board must consider, any additional evidence and argument. App. That is because according to a later federal … On March 29, 2018, the Board denied service connection for prostate cancer, including as due to Camp Lejeune contaminated water exposure.Â In its decision, the Board relied heavily on the June 2017 VA examination report.Â Importantly, the Board did not address the Veteranâs argument regarding this examination.Â Instead, the Board broadly found that the examination adequately provided the findings necessary to offer a resolution to the appeal.Â CCK successfully appealed this decision to the Court of Appeals for Veterans Claims (CAVC).Â In doing so, CCK presented multiple arguments challenging (1) the adequacy of the June 2017 VA examination report; and (2) the Boardâs failure to address such arguments in the first instance. Department of Veterans Affairs. Benzene, vinyl chloride, and other compounds were also found to be … 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. In the resulting report, Contaminated Water Supplies at Camp Lejeune, Assessing Potential Health Effects (June 2009), the NRC reviewed previous work done by the ATSDR, including computerized water flow modeling, and concluded that additional studies may not produce definitive results because of the difficulties inherent in attempting to reconstruct past events and determine the amount of exposure experienced by any given individual. Did you take ZANTAC regularly and later develop cancer? In relevant part, 38 U.S.C.A. While that rate may be softening a bit, complaints continue. Factual Background and Analysis and lead, that increase the risk of cancer. Upon review of the record, the Board finds that the preponderance of the evidence is against a finding that current prostate cancer disability is related to military service to include as secondary to exposure to contaminated water at Camp Lejeune. James A. DeFrank, Counsel Pfc. Committee on Contaminated Drinking Water at Camp Lejeune; National Research Council, Contaminated Water Supplies at Camp Lejeune, Assessing Potential Health Effects 61 (National Academies Press, 2009). App. Copyright © 2020 Chisholm Chisholm & Kilpatrick LTD.All Rights Reserved. Citation Nr: 1606533 There is a current diagnosis of prostate cancer; hence, the first element of service connection is satisfied. Specifically, from 1953 to 1987, everyone living or working at the United States Marine Corps Base Camp Lejeune in North Carolina was exposed to a variety of toxins in the water. VA regulations to establish presumptions for the service connection of eight diseases associated with exposure to contaminants in the water supply at Camp Lejeune, N.C. are effective as of today. Find out if you can get VA disability pay and other benefits for illnesses related to Camp Lejeune water contamination. Over the years veterans groups have uncovered documents indicating negligence on behalf of Marine officers who did not address evidence of groundwater contamination at Camp Lejeune in the 1980s. Upon receipt of a complete or substantially complete application for benefits, VA is required to notify the claimant and his or her representative, if any, of any information, and any medical evidence or lay evidence that is necessary to substantiate the claim. 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. 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. §§ 3.307, 3.309 (2015). ATTORNEY FOR THE BOARD 2. the military exposed to the contaminated water at Camp Lejeune was never acted upon. 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. of concern at Camp Lejeune. breast cancer and being stationed at Camp Lejeune and cumulative exposure to the contaminated drinking water but the study was limited by the small number of cases in the higher exposure categories. See 38 C.F.R. People who were stationed there, either alone or with their family members, were exposed to PFAS from drinking water, which now places them at high risk of developing a serious disease. The purpose of this study was to determine whether residential exposures of Marines and Navy personnel to contaminated drinking water at Camp Lejeune increased risk of mortality from cancers and other chronic diseases. Cir. See Jandreau, 492 F.3d at 1377 (whether lay evidence is competent and sufficient in a particular case is a fact issue to be addressed by the Board). Exposure to Contaminated Drinking Water at Camp Lejeune In the early 1980s, at Marine Corps Base Camp Lejeune, NC, it was discovered that two on- base water-supply systems were contaminated with the volatile organic compounds trichloroethylene (TCE), a metal degreaser, and perchloroethylene (PCE), a dry cleanin gagent. To read the Courtâs full decision, click here. This regulation means that no medical opinion is required for certain conditions, so long as the veteran served at least 30-days at Camp Lejeune … The matter of a nexus between prostate cancer (which involves an insidious process) and contaminated water exposure in a particular case requires expertise (to include familiarity with scientific studies) which the Veteran is not shown (and does not claim) to have. According to the EPA, there were many more (at varying levels) â¦ The record also reflects that VA has made reasonable efforts to obtain or to assist in obtaining all relevant records pertinent to the matter on appeal. Cir. 122, 128-30 (2000). Overview of Camp Lejeune Water contamination at Camp Lejeune existed for decades and exposed thousands of people to serious health risks. While these were prevalent in extraordinary amounts in the groundwater and soil for decades at Lejeune, they are not the only chemicals that were found. The first post-service evidence of prostate cancer is the June 2011 private treatment report which noted that the Veteran had a diagnosis of malignant neoplasm of the prostate. Some fat in your liver is normal. Water from the Tarawa Terrace water treatment plant was primarily contaminated by PCE (perchloroethylene or tetrachloroethylene). The NRC analysis has found that no diseases fell into the categories of sufficient evidence of a causal relationship or sufficient evidence of an association with the chemical contaminants. However, a new regulation went into place on March 14, 2017 which allows veterans with service at Camp Lejeune during a specific period to receive service-connected benefits on a presumptive [â¦] VA's duties to notify and assist claimants in substantiating a claim for VA benefits are found at 38 U.S.C.A. Share this page via Email. In addition, the use of certain re-retardant chemicals A NEXUS Letter was not filed with this claim. VA Establishes Presumption of Illnesses from Camp Lejeune Water Supply. Certain diseases, to include malignant tumors (cancer) may be presumed to have been incurred in service when manifest to a compensable degree within one year of discharge from active duty. ORDER 2009). In June 2017, an expert in Camp Lejeune water contamination found that the Veteranâs prostate cancer was less likely than not âcaused by or a result of his relatively brief exposure.â Their report concluded that negative health effects such as cancer are unlikely for military personnel exposed to the contaminated water. Cir. 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. 183 (2002). The RO provided notice to the Veteran in a March 2012 letter, prior to the date of the issuance of the appealed January 2013 rating decision. Prostate cancer had several risk factors with the most being age, ethnicity, genetic factors, and possibly dietary factors. A NEXUS Letter was not filed with this claim. Other contamination in the drinking water included PCE, benzene, and TCE … If not, simply let the VA know the approximate dates of service and ask them to request copies of your personnel/service records. He explained that prostate cancer is very common in males and has several known risk factors. That study found the rate of spina bifida, cleft lip or App. Although the Board has an obligation to provide adequate reasons and bases supporting this decision, there is no requirement that the evidence submitted by the Veteran or obtained on his behalf be discussed in detail. See also 73 Fed. Burn Pits: The Agent Orange for Post-9/11 Veterans, “Other related factors” must be considered in extraschedular analysis. Itâs been in gathering evidence step The VA occupational medicine physician concluded that the Veteran's prostate cancer is not due to his … In February of 2016, we notified you that the Department of Veterans Affairs (VA) has acknowledged that exposure to Camp Lejeune’s contaminated drinking water increases your risk for cancer and other medical conditions. In 1984 and 1985 some drinking water wells were closed after testing confirmed that leaking fuel tanks from an off-base dry cleaner had contaminated the water. Accordingly, the TWG did not characterize the risk associated with potential alternative levels of exposure (to include various modalities of exposure) of those who served or … Camp Lejeune Water Contamination (January 1, 1957–December 31, 1987): Veterans and families stationed at Camp Lejeune exposed to chemical contaminants in the groundwater and wells are at risk for the following cancers (bladder, blood dyscrasia, breast, esophageal, kidney, leukemia, lung, multiple myeloma, myelodysplastic syndromes, non-Hodgkin’s lymphoma) and conditions (female infertility, … DAVID L. WIGHT App. "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. A NEXUS Letter was not filed with this claim. Learn how to file Camp Lejeune water contamination claims for â¦ 473 (2006). 2012-4-18: I filed a claim for VA disability for kidney cancer on the basis of the water contamination at Camp Lejeune. Camp Lejeune, N.C. â Tuesday was the day Marines stationed at Camp Lejeune who were sickened by tainted water at the base for decades â¦ 2000); D'Amico v. West, 209 F.3d 1322, 1326 (Fed. Prostate cancer A 2005 study conducted by ATSDR examined the effects that Camp Lejeuneâs contaminated water might have on the children of those with firsthand exposure. Cir. Therefore, in the absence of at least a two-fold or greater risk, prostate cancer cannot be considered to be caused by exposure to solvents, and specifically, trichloroethylene. §] 1112 (West 2002); 38 C.F.R. 2000) and Timberlake v. Gober, 14 Vet. These fourteen diseases are esophageal cancer, lung cancer, breast cancer, bladder cancer, kidney cancer, adult leukemia, multiple myeloma, myleodisplasic syndromes, renal toxicity, hepatic steatosis, female infertility, miscarriage with exposure during pregnancy, scleroderma, and neurobehavioral effects. By … at Camp Lejeune. 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. However, the examiner did not attribute any of the risk factors for prostate cancer as factors 2000); Hibbard v. West, 13 Vet. During that time, United States Marine Corps (USMC) service members and their families living at the base bathed in and ingested tap water that was contaminated with harmful chemicals at concentrations from 240 to 3400 times levels permitted by safety standards. Do You Have Disability Insurance Coverage? What Can I Do to Establish Service Connection for My Condition? 38 U.S.C.A. Based on analyses of scientific studies involving these chemicals, the NRC provided an assessment of the potential association between certain diseases and exposure to the chemical contaminants. Pertinent medical evidence associated with the claims file consists of service, VA treatment records and the reports of a December 2012 VA examination. Jim, I’m a former Marine who was exposed to the contaminated water at Camp Lejeune. 14-24 519A ) DATE VA/DoD Risk Communication Review of Websites and Social Media: Camp Lejeune Historic Water Contamination and Health Concerns Connie Raab, MPH-C,1 Susan L. Santos, MS, PhD,2 Deanna Harkins, MD, MPH,3 Brad Flohr,4 Terra D. Irons, PhD,1 LTC Donald Lundy, REHS/RS, MS, DrPH, MS,5 Glen Markwith,6 Captain Kendra Motz,7 Lt Col Patrick Whitney, MD, MSPH.8 1. The Veteran's service treatment records were negative for any complaints, treatment, or diagnoses of a prostate cancer disability and he was not diagnosed with prostate cancer until many years after service. REPRESENTATION § 5107(b). Also of record and considered in connection with the appeal are the various written statements provided by the Veteran and by the Veteran's representative on his behalf. INTRODUCTION What is the EPA waiting for?” demanded Jerry … The Veteran served on active duty at Camp Lejeune in North Carolina from August 1984 to August 1985, where two on-base water supply systems were contaminated. However, a new regulation went into place on March 14, 2017 which allows veterans with service at Camp Lejeune during a specific period to receive service-connected benefits on a presumptive basis if they developed one of the recognized conditions. 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. Camp LeJeune and VA Benefits Camp Lejeune, located in Jacksonville, North Carolina, is a 246 square-mile Marine Corps base opened in 1941. Of â¦ What Is the History of the Camp Lejeune Water Contamination? It be came law on 3/7/2017. While the Veteran's representative contends that the risk between the water contamination at Camp Lejeune and prostate cancer had not been determined to be scientifically high enough to establish a cause and effect connection Entitlement to service connection for prostate cancer to include as secondary to exposure to contaminated water at Camp Lejeune is denied. Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed.Cir.2007). Do I Qualify for Total Disability Based on Individual Unemployment? There is evidence of an association between certain diseases and the contaminants found in the water supply at Camp Lejeune during the period of contamination. Cir. See Mayfield v. Nicholson, 444 F.3d 1328 (Fed. In fact, the VA recognizes it as a presumptive condition, meaning that the VA presumes it was caused by ingestion of harmful substances at Camp Lejeune. 38 U.S.C.A. Additionally, the December 2012 VA examiner also noted that while specific studies have examined the possible link between solvents such as trichloroethylene and prostate cancer and found that there is a plausible connection between trichloroethylene exposure and prostate cancer, the risk has not been demonstrated to be scientifically high enough to make a definite connection. References: Professor Mary Frances McMullin, presentation on High Risk Occupations at MPN Horizons, October 2017; Drew Brooks, Military Editor, The Fayetteville Observer – VA to pay billions in benefits related to contaminated water at Camp Lejune, March 2017 Dr. Evan Braunstein, ASH 2017 Abstract – Germline ERBB2 Variants Associate with MPNs Prostate cancer was not incurred in or aggravated by service, and may not be presumed to have been incurred therein. 38 U.S.C.A. Law and Regulations VA currently offers two separate benefits to all qualifying veterans, and certain family members, who served at Camp Lejeune for no less than 30 days (cumulative) from 1953 through 1987. 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. A June 2011 private treatment report noted that the Veteran had a diagnosis of malignant neoplasm of the prostate. The record establishes that the Veteran was on active duty at Camp Lejeune duty during the contamination period. Camp Lejeune veterans can now receive injury fund claims and free healthcare from the VA medical facilities around the country if they were on active duty at Camp Lejeune for at least 30 days. REASONS AND BASES FOR FINDINGS AND CONCLUSION Veteran filing VA Claim for water contamination at Camp Lejeune In: Bladder Cancer Advocacy Network My claim for bladder cancer (on presumptive list) has been pending since July 2017. The Camp Lejeune workers were at higher risk for kidney cancer, leukemia, prostate cancer and rectal cancer, in addition to Parkinsonâs, according to the â¦ The Department of Veterans Affairs expects up to 15,000 seriously ill veterans who served at Camp Lejeune, N.C., before 1988, when base drinking water was contaminated, to be helped by Donations to American Veterans Disabled for Life Memorial, cck successfully argues for a precedential decision about protected environment. Concerning revisions to 38 C.F.R, ethnicity, genetic factors, and may not presumed... And against his claim for service connection for prostate cancer to include as to. Post-9/11 Veterans, “ other related factors ” must be denied 2008 ) ( concerning revisions to 38 C.F.R %! 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