Understanding Camp Lejeune Claims Development and Compensation Service

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This lesson provides a comprehensive overview of the change in law related to exposure to contaminants in the water supply at Camp Lejeune. It aims to equip VSRs with the knowledge necessary to process claims effectively, covering topics such as presumptive periods, service eligibility, development steps, special issue indicators, and more. References to relevant CFRs and the history of contaminated water at Camp Lejeune are also discussed, highlighting the importance of recognizing eligible Veterans for compensation.

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  1. Camp Lejeune Claims Development Compensation Service October 2020

  2. Camp Lejeune Claims Development: Purpose This lesson is designed to provide the VSR with an understanding of the change in law concerning exposure to contaminants in the water supply at Camp Lejeune and how to process these types of claims. 2

  3. Objectives Recognize the presumptive period and eligible service for exposure to contaminants in the water supply at Camp Lejeune, NC Differentiate between the development steps for processing presumptive and non-presumptive Camp Lejeune issues Identify claims and apply special issue indicators that require specialized processing at Louisville RO Identify and properly label Camp Lejeune service from service records 3

  4. References 38 CFR 3.307 (a)(7) Diseases associated with exposure to contaminants in the water supply at Camp Lejeune 38 CFR 3.309 (f) Diseases associated with exposure to contaminants in the water supply at Camp Lejeune 38 CFR 17.400 Hospital care and medical services for Camp Lejeune Veterans M21-1, Part IV, Subpart ii,1.I,6 Developing Claims Based on Exposure to Contaminants in the Water Supply at Camp Lejeune M21-1, Part IV, Subpart ii,2.C.6, SC for Disabilities Resulting From Exposure to Contaminants in the Water Supply at Camp Lejeune 4

  5. History of Contaminated Water at Camp Lejeune USMC Camp Lejeune, NC was named after Lieutenant General John Lejeune (pronounced luh-JERN) and has been home to hundreds of thousands of service members and families since 1941 Base water supply was found to be contaminated with industrial solvents between 1953 and 1987 Numerous research, lawsuits, and congressional hearings 2012 - Public Law 112-154 extended hospital care and medical services for certain illnesses to eligible Veterans and family members March 14, 2017 presumption for SC compensation became effective for eligible Veterans (currently not for dependents) 5

  6. Recognizing Eligible Veterans Character of discharge must be determined to be honorable for VA purposes All active duty, Reserve, and National Guard (NG) personnel who have a record of service at Camp Lejeune during the contamination period between August 1, 1953, and December 31, 1987 Veterans with more than 30 days of Camp Lejeune service (consecutive or nonconsecutive) during the contamination period meet the service requirements for presumptive SC Veterans with at least one, but less than 30 days of Camp Lejeune service can be considered for healthcare purposes and/or direct SC 6

  7. Reservists and National Guard Members Claims for eligible Reservists and NG members are likely to be overlooked and denied improperly if their service is overlooked, so consider: Statements from the Veteran about how they were exposed VA Form 21-526s for dates of Reserve/NG service DD Form 214s for total prior inactive duty time, separation of Release from active duty, or any obligation or transfer to a reserve/NG unit VIS show service during the contamination period Call the Veteran for Reserve/NG service and exposure history Important: Develop for STRs and personnel records to obtain proof of Camp Lejeune service if applicable. 7

  8. Recognizing Camp Lejeune Issues Categorize claimed issues as development varies between issues: Any disability specifically claimed as due to exposure to contaminants at Camp Lejeune, or One of the conditions listed at either 38 CFR 3.309(f) or at 38 CFR 17.400, regardless of whether service at Camp Lejeune during the contamination period is Expressly claimed by the claimant, or Is otherwise established by the evidence of record Apply the Environmental Hazard Camp Lejeune special issue to each Camp Lejeune issue. 8

  9. Knowledge Check What s is the presumptive service period for Veterans who served at Camp Lejeune? August 1, 1953 and December 31, 1987 M21-1, IV.ii.1.I.6.a. Presumption of SC Based on Exposure to Contaminated Water at Camp Lejeune 9

  10. Knowledge Check How many days must a Veteran serve to effectuate a presumption of service connection for specific disabilities? No less than 30 days (consecutive or nonconsecutive) M21-1, IV.ii.1.I.6.a. Presumption of SC Based on Exposure to Contaminated Water at Camp Lejeune 10

  11. Conditions Recognized Under 38 CFR 3.309(f) Cancers Kidney cancer Liver cancer Bladder cancer Non-Hodgkin s lymphoma Adult leukemia Multiple myeloma Other conditions Parkinson s disease Aplastic anemia and other myelodysplastic syndromes Important: Presumption applies to eligible Veterans with 30 or more days of Camp Lejeune service, regardless if they specify or mention Camp Lejeune contaminated water. 11

  12. Disabilities Not Under 38 CFR 3.309(f), But Under 38 CFR 17.400 Healthcare Esophageal cancer Lung cancer Breast cancer Renal toxicity Hepatic steatosis Female infertility Miscarriage Scleroderma Neurobehavioral effects 12

  13. Knowledge Check Name three presumptive conditions covered by 38 CFR 3.309(F)? Kidney Cancer Parkinson s disease Liver Cancer Bladder cancer Adult leukemia Aplastic anemia (AA), Multiple myeloma Non-Hodgkin s lymphoma (NHL), Parkinson s disease 13

  14. Knowledge Check Under what references can you find conditions covered by VA Health Care? 38 CFR 3.309 and 38 CFR 17.400 14

  15. Service at Camp Lejeune After ensuring all STR and personnel records have been obtained, review them and document the number of days at Camp Lejeune during the contamination period. Look for instances of: Camp Lejeune CLNC CamLej MCAS New River Camp Geiger Camp Johnson Naval Hospital Camp Lejeune Camp Knox Montford Point Stone Bay Rifle Range Holcomb Boulevard Hadnot Point Tarawa Terrace Camp Lejeune service does not include service at MCAS Cherry Point. 15

  16. Development Overview Resolve any character of discharge issues and develop for additional STRs or personnel records not of record Review all military records to document the number of days of service at Camp Lejeune during the contamination period Notify the claimant for specific information related to their claim if records do not show Camp Lejeune service or a non-presumptive issue Obtain an exam for the diagnosed presumptive condition with 30+ days of Camp Lejeune service (if needed) After the above have been met, determine the jurisdiction and ensure routing the claim if specialized processing is needed Recognize the type of Camp Lejeune issue claimed and apply the Environmental Hazard Camp Lejeune special issue See M21-1 IV.ii.1.I.6.e. Initial Actions to Take on Camp Lejeune Claims for additional detail. 16

  17. Developing to the Claimant Then send a subsequent development letter with the VBMS paragraph titled CL Requesting Service (even if it s not a presumptive condition) If The initial review of records does not establish service at CL between 8/1/53-12/31/87 Any CL issue claimed is not listed in 38 CFR 3.309(f) CL Proof of Non-Presumptive Disability (even if CL service was < 30 days) *Exception for ADT or AIDT Important: Do not send if the evidence of record provides the information or is otherwise sufficient to decide the claim. 17

  18. Obtaining Records of Camp Lejeune Service Follow current procedures to obtain STRs and personnel records within the contamination period, including active duty, Reserve, and National Guard service time. PIES O50 PIES NG1* PIES RV1* DPRIS *See the student handout for additional detail/steps. 18

  19. Knowledge Check What is the next step if the initial review of the claim does not establish any service at Camp Lejeune between August 1, 1953, and December 31, 1987? Send a subsequent VBMS development letter using the CL- Requesting Service paragraph. M21-1, IV.ii.1.I.6.j. Developing to the Claimant in Camp Lejeune Claims 19

  20. Knowledge Check Answers What is the manual reference when the Veteran claims exposure to contaminants but does not claim a disability? M21-1, IV.ii.1.I.6.k. Action to Take When the Veteran Claims Exposure to Contaminants but Does Not Claim a Disability 20

  21. Processing Jurisdiction Under 38 CFR 3.309(f) If evidence shows And military records document during the contamination period 30+ days 1-29 days No CL Service n/a Then the claim is decided by the A diagnosis of a 38 CFR 3.309(f) condition RO of jurisdiction Louisville RO RO of jurisdiction RO of jurisdiction No diagnosis of a 38 CFR 3.309(f) condition 21

  22. Processing Non-Presumptive Issues If a claim is for a non-presumptive disability And military records document during the contamination period Then the claim is decided by the But under 38 CFR 17.400 or Specifically claimed as due to exposure No Camp Lejeune service RO of jurisdiction At least one day of Camp Lejeune Service Louisville RO 22

  23. Calculating Camp Lejeune Service For presumptive issues, your goal will be to annotate 30+ days (consecutive or non-consecutive) of Camp Lejeune service across all service records Non-presumptive issues will be routed to centralized processing for SME review, so ensure service record development and annotate at least one day of Camp Lejeune service 23

  24. Calculating Camp Lejeune Service (cont.) After necessary notification and development, review STRs and personnel records to verify that the Veteran s service at Camp Lejeune occurred during the period of contamination, August 1, 1953, to December 31, 1987 Establish the total number of days of Camp Lejeune service during this time frame, and Modify the document subject to annotate the service records that verify Camp Lejeune service 24

  25. Example This personnel record shows assignment to the Naval Hospital Camp Lejeune, NC from Apr 29, 1971 to Sep 14, 1972 You would modify the subject of the personnel records to read CLNC pg. XX: 04/29/1971-09/14/1972 This would satisfy the 30+ day Camp Lejeune service requirement for presumptive conditions 25

  26. Examination Considerations Camp Lejeune issues with no Camp Lejeune service shown are likely ready for decision, but review STRs for consideration of direct SC Examine only presumptive conditions with 30+ days of Camp Lejeune service and a diagnosis of the condition A diagnosis of a presumptive cancer condition might not require an examination and be ready to rate Centralized processing (usually at the Louisville RO) will consider medical evidence submitted for non-presumptive conditions and might request SME medical opinions through the VHA 26

  27. Routing Claims for Centralized Processing If the claim is to be decided by Louisville RO, add Environmental Hazard - Camp Lejeune Louisville special issue to the relevant contentions to ensure proper routing, but only after: the resolution of any character of discharge issues, sending applicable Camp Lejeune notification in VBMS, developing for all appropriate STRs and personnel records, verifying a diagnosis of a presumptive condition with 1-29 days of Camp Lejeune service, and documenting at least one day of Camp Lejeune service 27

  28. Claims for Exposure Only If the Veteran alleges exposure, but does not claim service connection for specific disability, then follow these steps: Attempt to obtain clarification of a disability by telephone Document successful clarification and proceed appropriately If this is the sole issue and no clarification is obtained, follow the procedures for an incomplete claim If contact is unsuccessful and other issues exist, send a VBMS subsequent development letter with free text using the What We Need section: Exposure to contaminants in the water supply at Camp Lejeune, in and of itself, is not a disability. Please identify the disability(ies) that you are claiming from exposure to contaminated water at Camp Lejeune. 28

  29. Disability Claims Regarding Dependents Administratively decide claims for a disability of a dependent, including birth defects. VA has no statutory authority to compensate a Veteran s dependents for exposure to Camp Lejeune water contamination. Resolve this claim prior to sending any other claims to Louisville Do not transfer these claims to the Denver RO for birth defect processing FYI: The VA is reimbursing certain Veteran s family members for out-of- pocket medical expenses related to 38 CFR 17.400 through the Camp Lejeune Family Member Program: www.clfamilymembers.fsc.va.gov 29

  30. Knowledge Check If the claim is to be decided by Louisville RO, what special issue do you assign to the claim? Environmental Hazard - Camp Lejeune Louisville special issue M21-1 IV.ii.1.I.6.e. Initial Actions to Take on Camp Lejeune Claims 30

  31. Knowledge Check What manual reference provides guidance for verifying service at Camp Lejeune before referring the claim for centralized processing? M21-1 IV.ii.1.I.6.f. ROJ s Actions to Verify Service at Camp Lejeune 31

  32. Questions? 32

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