VA Form 10-10068b: Camp Lejeune Family Member Program Treating Physician Report completed by your doctor. And that granted some benefits to families who had been exposed. As part of VA’s ongoing commitment to provide quality care to Veterans, the Department of Veterans Affairs has established a presumption of service connection for eight diseases associated with exposure to contaminants in the water supply at Camp Lejeune, N.C. So in 2012, Congress passed the Honoring Faith America’s Veterans and Caring for Camp Lejeune Families Act. Veterans disability compensation 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. So if it’s from 57 to 87, then the effective date for when you’re entitled to healthcare costs reimbursement. They do require that you have, that you talk about with the onset date. The VA has enacted special provisions for obtaining disability compensation for exposure to Camp Lejeune contaminated water. The following fifteen conditions qualify for health care/medical benefits. See, e.g., Camp Lejeune: Contamination and Compensation, Looking Back, Moving Forward: Hearing Before the Subcomm. The effective date for this rule is March 14th, 2017 and no earlier. Nearly half of these Lejeune veterans are now deceased. Camp Lejeune veterans can file claims as directed on the VA website, which will request the following: These claims can be difficult to win. So VA began to review conditions affecting these veterans. And they provided healthcare benefits. Is Social Security Disability Back Pay Taxable? Christian: Good afternoon and welcome to another edition of Facebook live from Chisholm Chisholm and Kilpatrick. He had a Steatosis Kidney Cancer, Leukemia, Lung Cancer, Miscarriages, Multiple Myeloma, Mild Dysplastic Syndromes, Neuro Behavioral Effects, Non-Hodgkin’s Lymphoma, Renal Toxicity, and Scleroderma. © Copyright - Marc Whitehead & Associates Attorneys at Law, LLP |. There were TCEs which is Trichloroethylene, Benzene. It has been a discouraging, uphill battle. But that’s just good to know that it’s a little bit easier. So before we get into the law and all the conditions that are associated with what happened in Camp Lejeune, Lejeune, excuse me, it’s not the first time or the only time I’m going to do that. We want to emphasize the strength of your claim can hinge on evidence and statements supporting the level of exposure to the bad water. So what’s the specific Camp Lejeune presumptive policy? Christian: Because the toxic chemicals didn’t start causing Parkinson’s disease on March, whatever day 2017. And you know, again, this is such a huge period of time. Valid discharge for Veterans Benefits still required. on Science & Technology, 111th Cong. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK successfully argues for a precedential decision about protected work environment. So something I also thought was interesting. We may pay you back for your out-of-pocket health care costs that were related to any of these 15 conditions: Bladder cancer; Breast cancer; Esophageal cancer Log In. Right? When a veteran in one of these groups is diagnosed with one of those conditions, the VA concludes that the circumstances of that veteran’s service caused the condition, so disability benefits can be swiftly granted. Contaminated Water at Camp Lejeune. VA published a final interim rule today regarding Camp Lejeune Water Contaminated Veterans, 82 FR 4173. WASHINGTON — After years of waiting, veterans who were exposed to contaminated drinking water while assigned to Camp Lejeune in North Carolina may now be able to … It’s just, you don’t have that presumption, so you will have to get that medical nexus or medical opinion linking your condition to your exposure. IB 10-449 Camp Lejeune Water Contamination July 2019 Author: U.S. Department of Veterans Affairs Subject: On August 6, 2012, President Obama signed into law the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012. The identified source of the contamination was poor waste disposal practices at an off-base dry cleaning company. Attention Camp Lejeune veterans and families: If you’ve been watching our blog, you know we have been keeping up to date on the proposed VA rules to provide VA disability compensation to Marines exposed to Marine Corps Base Camp Lejeune toxic water. If you have one (or more) presumptive conditions for health and medical care, even if it is not one of the 8 presumptive conditions for disability, applying for a disability compensation claim with the VA is often the right action to take. 5 Ways to Establish VA Service Connection – Video, VA Disability For Knee Conditions And Pain, Presumption of Service Connection Definition, Episode 48: Secondary Conditions to Tinnitus for VA Disability Benefits, Episode 22: VA Benefits for Spouses of Disabled Veterans, Episode 31: VA Disability Benefits & Diabetes, Episode 9: Court Rules VA Must Pay Retroactive Benefits to Blue Water Navy Veterans. That was pretty extensive throughout the base. That evidence that formed the basis, of the law change can also be submitted, related to a claim for direct service connection. But if you’re talking service from 53 to 56, it actually is from December 2014. VA notes that the definition of service at Camp Lejeune relies on military orders or other official service department records to establish that an individual had service at Camp Lejeune for the purposes of entitlement to presumptive service connection based on exposure to contaminants in the water supply. Christian: It’s a little different than how a lot of other sorts of contaminants are or other ways that veterans families might have been exposed to these things that they dealt with it. In some cases, the VA may assume a service connection for certain disabling conditions related to contaminated water exposure. And I think what we’re gonna do is we’ll talk a little bit more about what those conditions are. So before I go into exactly what those conditions are and I’ll list them, I have an easier task than Michelle just because on the pronunciation front. You’d have to send it to the evidence intake center, like you would with all other claims. And I apologize, I’m gonna read them off a little bit. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. The same water was used for cooking, cleaning, and showering. The same water was used for cooking, cleaning, and showering. According to the Camp Lejeune Water Contamination (CLWC) benefits eligibility guidelines, 30 days of exposure to the contaminated water is enough to cause concern. This website adheres to the W3C’s AA Accessibility guidelines. And that would be enough to trigger the VA’s duty to assist in, helping the veteran or the claimant [crosstalk]. So this is a very new area of, of the law of VA law, the presumption is very new. And something we wanted to note is that these rules can apply right to guardsmen and reservists, but that can be complicated, so if you were in the guard, you were a reservist, you’re at camp Lejeune you know, we would definitely suggest that you reach out to an advocate that might be able to help you make that case cause the, the rules are going to be really the rules about the you know, how you would go about direct service connection and everything would be similar but the, but some of the rules are a little bit more complicated and it would probably be wise to get some help. Michelle: Yeah. With my case pending for agent orange do I have to refile my claim for Camp Lejeune Water. From 1953 to 1987, water sources at the base were contaminated with industrial solvents that are correlated with certain health conditions. VA Form 10-10068b: Camp Lejeune Family Member Program Treating Physician Report completed by your doctor. As noted via claims and lawsuits filed by veterans’ advocacy organizations at the time, veterans and their loved ones “drank, cooked and bathed” in the polluted waters for years. And then in 2017, they passed an additional statute that allowed for benefits for veterans, similar to their service-connected disability benefits. File using VA Form 21-526EZ. The VA website recognizes veterans who served at Camp Lejeune or Marine Corps Air Station New River for 30 cumulative days from August 1953 … There’s, there’s a, there’s a biological chemical medical link between the exposures and the condition. But you’re not going to be sending it there. He is among the former Camp Lejeune residents diagnosed with highly rare male breast cancer. Maybe Electric Bills or anything that shows at that point in time. Christian: Yeah, absolutely. To be eligible for benefits under this new ruling you must meet the below requirements. For survivor’s benefits based on these conditions under the presumption and they could also file again with that, that direct theory. From 1953 to 1987, water sources at the base were contaminated with industrial solvents that are correlated with certain health conditions. Utility bills that you were there. So if you all don’t have anything else? Countless stories, complaints, and lawsuits ensued from veterans and their loved ones who, years after their time at Camp Lejeune, had developed devastating cancers and diseases. They love forms and it’s very important to know the number. Burn Pits: The Agent Orange for Post-9/11 Veterans, “Other related factors” must be considered in extraschedular analysis. This information is not a substitute for legal advice. VA will now pay disability compensation in addition to providing medical care to those affected by water contamination at camp VA Now Paying … So there were PCEs, which is, I might go through this a little bit, Perchloroethylene. volatile organic compounds (VOCs) such as perchloroethylene (PCE), a solvent used in an off-base dry cleaning business; trichloroethylene (TCE), a solvent used for cleaning metal parts; Benzene, a fuel component also used to make other chemicals. That’s a really great point. They first discovered contamination in these Wells in 1982. VA compensation for disabilities arising from Camp Lejeune contamination. Christian: So I think we’ll wrap it there. Indicate that you’re applying for one or more of the presumed Camp Lejeune conditions; medical evidence of at least one presumptive condition (you need a current diagnosis of the condition you’re claiming); military records showing you served at Camp Lejeune or MCAS New River for at least 30 days during the period of contamination, while on active duty, or in the National Guard or Reserves; Claims also can be filed electronically through eBenefits. And Michelle, I’m gonna turn it over to you to talk a little bit more about the medical conditions and the medical benefits. I was surprised that you don’t actually fax it to the evidence intake center. So we’re going to turn to that now though. So I think when you’re talking about, now you’re getting ready to file what do you need? And so for filing a claim for these conditions, I don’t think, from my understanding there’s no specific claim form for camp Lejeune only cases as there is for the healthcare. Christine: And some of the evidence. The specific span of time in question begins August 1, 1957, and ends December 31, 1987. Family members are only eligible to receive healthcare benefits. And so that’s sort of, that’s how you would apply if you were a family member or a dependent and met the method, the qualifications. There was Trans-1,2 DCE and these are byproducts of the degrading chemicals of the TCE, PCE, and Benzene. He did not feel the effects for years until, in 2010, he thought he had kidney stones. 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. Also, it is important to establish the earliest possible effective date in your claim, so don’t delay. Christian: Sure. 86 Veterans Law Review [Vol. So when you’re talking about Camp Lejeune, I think what’s most important is understand that there are some presumptive conditions that veterans can apply for benefits for. There is Adult Leukemia, there’s a Plastic Anemia, Bladder Cancer, Kidney Cancer, Liver Cancer, Multiple Myeloma, Non-Hodgkin’s Lymphoma, and Parkinson’s Disease. Correct. So that’s just something to be very mindful of, but again, you will need that medical opinion. Copyright © 2020 Chisholm Chisholm & Kilpatrick LTD.All Rights Reserved. So that’s just sort of important to know. And you have to not be dishonorably discharged because that would be a bar too. If you do it through e-benefits [crosstalk] e-benefits account, you could do it, but you can’t just send it through VA’s website just on their site and upload to them. Which like you’re going to talk more about the disability benefits. Or even less, and we’re talking about this, we’re talking about a 34 year period. In less than nine years, veterans have filed claims for more than 84,000 conditions related to the contaminated water at Camp Lejeune, according to records released to The Reveal by the VA. For recent claim denials, you will likely be able to appeal your claim through the new VA appeals system. They actually had to have been there and they had to have been dependents at the time that they were there. Active duty, reserve, and National Guard members who served at Camp Lejeune or MCAS New River, N.C. for a minimum of 30 days … As well as the veteran to show that they were there during that period. And there were also leaking underground storage tanks–. What Benefits and Services Are Available for Veterans with PTSD? According to a 4/28/2018 report in the New Bern, North Carolina Sun Journal, “Since March 2017, the VA has granted 4,568 veterans a service connection for a presumptive condition, while another 876 veterans were ruled eligible for a condition not among the eight conditions. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Christian: Yeah, exactly. Camp LeJeune and VA Benefits. Christine: Right. Camp Lejeune Marine awarded compensation due to water contamination . This is what we know now. But there’s also evidence that you want to show when submitting your application. So a spouse, a child, you also needed to be residing at Camp Lejeune as well for 30 cumulative days. I think that maybe to show that it will didn’t predate the time that you were there. So you know, these conditions both, for medical benefits and for disability benefits. Yeah. To be eligible for benefits under this new ruling you must meet the below requirements. Since they were stationed at Camp Lejeune, the VA is responsible for providing VA compensation for disabilities that were a result of the contaminated drinking water. WASHINGTON – The Department of Veterans Affairs (VA) announced today that it … As a Veteran, you may have been exposed to a range of chemical, physical, and environmental hazards during military service. If this is your situation, you may benefit by filing a new claim under the most current rules. The effective date for this rule is March 14th, 2017 and no earlier. If you were exposed to the water contamination at Camp Lejeune and are suffering from one or more of the associated health conditions, Chisholm Chisholm & Kilpatrick LTD may be able to help you receive the VA disability benefits you deserve. So this is what they came out originally with. So all of that time together in order, not consecutive, all that time together gets added for the purposes of triggering both of these, laws that we talked about. You know, when we’re talking about agent orange exposure, we’re talking about like, you know, 12 year period approximately, right? This field is for validation purposes and should be left unchanged. necessary to build and maintain a profitable practice. (2010) [hereinafter Camp Lejeune Hearing] (statement of Thomas J. Pamperin, Associate Deputy Under . So that’s just something to be mindful of when you’re looking up for the application. Thank you very much for tuning into another edition of CCK’s Facebook live. Our office is set up so we can provide 100% service to anyone from anywhere- especially in times like these. And just notably, and importantly, Christine, you noted that there is an effective date, right? Very, very straightforward. And that’s a pretty complicated topic actually. Christian: And that could also be found on a VA’s website. And that’s why they call it a presumption. I filed a claim with the VA for Agent Orange and Camp Lejeune Water I was granted disability for my heart only; I filed an appeal for and currently pending. His doctor suspected something else was amiss when Rummings wasn't crying from pain and ordered a CT scan. MARINE CORPS PHOTO Shortly after opening, the base was subject to large scale water contamination due… policies, Social Security Disability and Veterans Disability. Filing a Camp Lejeune Toxic Water Claim. Learn About CCK's Partnership with DAV and Harvard Law School, VA Disability Benefits for Renal (Kidney) Cancer, Can I Receive VA Disability Benefits for Pain? It is important to note that qualifying members are not eligible to receive VA disability compensation for any conditions associated with Camp Lejeune water contamination. Camp Lejeune Water Contamination Means Compensation - Fort Bragg, NC - Marines and their families could be eligible for compensation for illness. His firm, Marc Whitehead & Associates files applications and appeals denials for Long-Term Disability insurance So you might have realized that some of the conditions for health benefits purposes for family members and some of the presumptive conditions are exactly the same. For decades fuel, dry cleaning agents, and other contaminates leaked into the groundwater which the base used. And as in most cases, the evidence that’s gonna help you most and this is sort of related to what you were talking about, Michelle, evidence that you were there for the required amount of time. So basically, what this means is that anyone who was working and living on the base who was drinking water, who was bathing, washing dishes, swimming, et cetera with water contaminated there. So that’s something to be very mindful of when you are submitting it that your husband or your father or you know, whoever it might’ve been that was the veteran might be submitting their claim and their benefits to be a regional offices in the evidence intake center. And have certain disabilities to get service connection and compensation for those disabilities. From the 1950s through the 1980s, people living or working at the U.S. Marine Corps Base Camp Lejeune, North Carolina, were potentially exposed to drinking water contaminated with industrial solvents, benzene, and other chemicals. If you have questions, we urge you to get in touch with our VA claims attorneys at once. Disability compensation. 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. So in 2012, Congress passed the Honoring Faith America’s Veterans and Caring for Camp Lejeune Families Act. It is important to note that qualifying members are not eligible to receive VA disability compensation for any conditions associated with Camp Lejeune water contamination. Marc Whitehead & Associates, LLP remains open to service our clients and accept new matters during the Coronavirus Pandemic. Family members similarly exposed also became eligible for many of these benefits. The VA expanded their statutory definition of a “veteran” in order to grant all service members affected by the Camp Lejeune water contamination event to receive VA Disability Benefits. Presumptive conditions are those diseases that VA presumes were caused by military service, and are tied to groups of veterans in specific circumstances of military service. But just bear in mind as a veteran, you can get both the healthcare and actually monthly payments based on the severity of your condition. These members who lived on Camp Lejeune, meet the time-on-station and service date requirements, and have one of the covered conditions. Christian: And that the, it might change. So that’s really, that’s really great advice. From August 1, 1953, through December 31, 1987, people living at the U.S. Marine Corps Base Camp Lejeune, North Carolina, were potentially exposed to drinking water contaminated with industrial solvents, benzene, and other chemicals. The final rule discusses VA’s reasoning for adopting the 30-day requirement. Our mission has always been to serve, and we are proud to be able to do that no matter the circumstance. The other thing I wanted to note is that if someone is a survivor, surviving spouse or a surviving dependent child of a veteran, that they would similarly be entitled to benefits as they would for compensation benefits. How Can a Social Security Attorney Help Your Crohn’s Disease Disability Claim? For veterans who served at Camp Lejeune from 1953 through 1987, who have any conditions they think are directly related to or aggravated by contaminated water, we encourage you to file a claim for compensation. I don’t think that’s very common either. But I mean looking at Agent Orange the presumptive conditions that have been, you know, added to the books over all the years since Vietnam have increased. And you won’t be redirected for that one. Christian: It is interesting how similar exposures, completely different processes. Additionally, if you served in Iraq or other countries in that region, you could have been exposed to asbestos when older buildings were damaged and the contaminant was released into the air. Veterans exposed to contaminated drinking water at Camp Lejeune between the mid-1950s and mid-1980s may qualify for disability benefits or an increased disability rating under a new Department of Veterans Affairs (VA) rule. The way that the law works is going to be a little bit different. And we’re going to talk about a Camp Lejeune cases. If a veteran served at Camp Lejeune (or MCAS New River) for at least 30 cumulative days between August 1953 and December 1987, the VA will presumptively grant service-connection for the following disabilities: Adult leukemia Thursday, February 18, 2016. PFAS at Military Installations And about 1,000,000 military personnel and family members were stationed there of this Marine Corps base or Marine Air Corps Station New River between 1953 and 1987 when exposures to hazardous chemicals were found to have taken place there. Are Veterans (VA) Disability Benefits Taxable? Were you stationed at Camp Lejeune, N.C. for at least 30 days between August 1, 1953 and December 31, 1987? It’s a financial services centered in Austin, Texas. And the thing that I think we’ve all talked about offline finding pretty interesting is that the Wells that they had on base. And I’m just gonna read from the list cause I don’t have this memorized. These water systems served housing, administrative, and recreational facilities, as well as the base hospital. For example, Veterans stationed at Camp Lejeune from the mid-1950s to the mid-1980s may have been exposed to contaminated drinking water on the base. Camp Lejeune Presumption. So that certainly doesn’t mean it’s gonna be static. Three years later, in 1985, those Wells were finally shut down. you know, a lot of times, Marines were coming in and out of Camp Lejeune, they might’ve been there for a couple of weeks, they might’ve been there for a couple of days at a time. Lejeune Act, which enacted the 30-day service requirement for VA health care rule presumes for. Members are going to be sending it there conditions are have been denied, 800-544-9144. Cases. ” be able to appeal your claim or appealing a denial, don ’ have... Law to extend free VA medical care to affected veterans and Caring for Youth... 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