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. 38 U.S.C.A. 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 … Jandreau v. Nicholson, 492 F.3d 1372 (Fed. VA has established a presumptive service connection for Veterans, Reservists, and National Guard members exposed to contaminants in the water supply at Camp Lejeune from August 1, 1953 through December 31, 1987 who 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. 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 […] of concern at Camp Lejeune. More than 70 chemicals have been identified here, and although there have been reports and warnings in regards to the contamination at Camp Lejeune as early as 1982 no serious action was taken until 1997 when ATSDR started investigating water wells. A Supplemental Statement of the Case, when issued following a notice letter, satisfies the due process and notification requirements for an adjudicative decision for these purposes. 2015); 38 C.F.R. 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. I pray that all veterans have been informed . Decision Date: 02/22/16 Archive Date: 03/01/16 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, myelodysplatic syndromes, non-Hodgkin’s lymphoma) and conditions (female infertility, … About 900,000 people lived at Camp Lejeune between 1953 and 1987, the years during which the base's water was contaminated. The Camp Lejeune workers were at higher risk for kidney cancer, leukemia, prostate cancer and rectal cancer, in addition to Parkinson’s, according to the … 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. 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 Learn how to file Camp Lejeune water contamination claims for … 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. 2009); Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. §§ 3.303, 3.307, 3.309 (2015). I Received an Unfavorable Board Decision; What Should I Do? VA concedes that any veteran who served at Camp Lejeune was potentially exposed in some manner to the full range of chemicals known to have contaminated the water there between 1957 and 1987. 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. If you have service records showing you were stationed at Camp Lejeune, it is helpful to include them. DAVID L. WIGHT Board Improperly Denied Service Connection for Prostate Cancer Based on Camp Lejeune Contaminated Water Exposure. Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed.Cir.2007). Cir. § 3.303(b), an alternative method of establishing the second and third Shedden for certain chronic disabilities such as prostate cancer is through a demonstration of continuity of symptomatology. 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. §§ 1110, 1112, 1131, 5107 (West 2002 & Supp. RED CROSS Opinion of the Court - 3 - (trichloroethylene). INTRODUCTION 122, 128-30 (2000). Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Last year, the VA admitted that the denial rate was above 95% for all Camp Lejeune claims processed through the VA. § 5107(b). I know this type of cancer is not on the presumptive list however, there is an appeal that is listed where a vet was granted service connected because of his exposure to the water. None of the competent medical evidence currently of record refutes this conclusion, and neither the Veteran nor his representative have presented or identified any such existing medical evidence or opinion. Cir. On March 29, 2018, the Board denied service connection for prostate cancer, including as due to Camp Lejeune contaminated water exposure.  In its decision, the Board relied heavily on the June 2017 VA examination report.  Importantly, the Board did not address the Veteran’s argument regarding this examination.  Instead, the Board broadly found that the examination adequately provided the findings necessary to offer a resolution to the appeal.  CCK successfully appealed this decision to the Court of Appeals for Veterans Claims (CAVC).  In doing so, CCK presented multiple arguments challenging (1) the adequacy of the June 2017 VA examination report; and (2) the Board’s failure to address such arguments in the first instance. 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