The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations relating to presumptive service connection to add certain diseases associated with Camp Lejeune contaminated water from August 1, 1953 to December 31, 1987:
This proposed rule would establish that veterans, former reservists, and former National Guard members, who served at Camp Lejeune for no less than 30 days (consecutive or nonconsecutive) during this period, and who have been diagnosed with any of eight associated diseases, are presumed to have a service-connected disability for purposes of entitlement to VA benefits.
Presumptive Diseases Due to Camp Lejeune Contaminated Water
- Kidney cancer
- Non Hodgkin’s Lymphoma
- Adult Leukemia
- Liver Cancer
- Bladder Cancer
- Multiple Myeloma
- Parkinson’s Disease
- Aplastic Anemia
- Other Myelodysplastic Syndromes
VA proposes to presume exposure to Camp Lejeune contaminated water for all active duty, reserve, and National Guard personnel who served for no less than 30 days (consecutive or nonconsecutive) at Camp Lejeune during the period beginning August 1, 1953, and ending on December 31, 1987. VA proposes to include both consecutive and nonconsecutive days in the calculation of the 30-day requirement for veterans who may have served at Camp Lejeune on multiple occasions that total no less than 30 days.
This proposed rule covers any veteran, reservist, or member of the National Guard, whose military orders or records establish their presence within the borders of the entirety of the United States Marine Corps Base Camp Lejeune border, which includes Marine Corps Air Station New River.
Pending VA Disability Compensation Claims
This proposed rule would apply to claims received by VA on or after the date of publication of the final rule in the Federal Register and to claims pending before VA for presumptive diseases related to Camp Lejeune contaminated water on that date. This proposed rule would not apply retroactively to claims previously adjudicated. A claim is considered to be adjudicated once a decision is made and the appeal period has expired. A claimant has one year from the notification date to appeal the decision before it becomes final.
If you would like to submit a formal comment about the pending rule, you can do so here: http://www.regulations.gov/#!submitComment;D=VA-2016-VBA-0021-0001