VA Boosts Process for Camp Lejeune Toxic Water Claims

VA Boosts Process for Camp Lejeune Toxic Water Claims

Tim King Salem-News.com

Claims will be consolidated at one office that will focus on the contaminated water issues.

This photo of Marine Corps Veteran Jim Fontella might be the most chilling reminder of what life has been like for warriors faced with unprecedented disease rates. One keen example being the obvious; male breast cancer.

(SALEM, Ore.) – McClatchy Newspapers released an important story last December for Marine Corps Camp Lejeune veterans and their families potentially affected by the deadly contaminated water used there for generations.

It’s good news; veterans have waited a long time for the government to acknowledge the reality of so many health nightmares. Claims have slowly been approved, steadily, further establishing the reality of Camp Lejeune’s deadly cancer-causing water.

The growing amount of public awareness over the dangers of the North Carolina base’s water and the fact that Marine Corps’ officials were caught in the falsification of reports of Benzene levels connected to the Hadnot Point fuel storage area, led to more questions from public officials.

Under pressure from media and politicians in the state of North Carolina, the Defense Department is having to come clean and step up to the plate of responsibility that they have tried very hard to avoid. The Marine Corps and the Dept. of the Navy had previously acknowledged that the water was causing problems, and they blamed it on PCE (perchloroethylene) from an off-base dry cleaner.

Then, the Department of Defense assembled a panel of scientists and they shocked Marine families by announcing that all previous research connecting Camp Lejeune’s water to the various illnesses was null and void, no good, kaput. Our article at the time, National Research Council on TCE Kicks U.S. Marines to the Curb, essentially screamed over the ridiculous turn of events.

As time passed, the revelation of the Benzene lies surfaced; the NRC (National Research Council) findings were demonstrated to be without merit, and any hope the Corps had of being able to maintain the lie vanished like think air; transparency induction.

The Department of Veterans Affairs stated in the December McClatchy article, that they will begin training a specialized cadre of workers to handle the increasing number of disability claims related to Camp Lejeune.

Claims will be consolidated at one office in Louisville, Kentucky. where 8 employees will focus on the contaminated water claims.

I want to note that our primary focus at Salem-News.com since the summer of 2008 has actually been on the contamination of the Marine Corps Air Station El Toro in what is now, Irvine, California. This base, an EPA ‘Superfund Site’, is now closed and it was slated to be redeveloped into a housing community and a park for Orange County. Amazingly, the park aspect is still technically in the planning and development stages, even though over $200 million in dedicated taxpayer funds have mysteriously disappeared.

The bottom line is that even meager gestures from the government toward Camp Lejeune veterans, are yet to be seen in any way, shape or form by El Toro veterans. Those of us who served there strongly resent this. For this reason Salem-News.com writer Robert O’Dowd along with myself and other Marine Veteran writers on our staff like David Bedworth, consistently try to raise the awareness level by generating reports on this very serious subject.

In her article, Barbara Barrett with McClatchy Newspapers suggests that the development is significant to Marine veterans across the country suffering from cancers and other diseases believed to be connected to the poisonous chemicals in Camp Lejeune’s water from the mid-1950s to the mid-1980s.

From the article: VA takes steps to deal with mounting Lejeune water claims – Barbara Barrett McClatchy Newspapers

“Great. Great!” Marine veteran Peter Devereaux of North Andover, Mass., said when he heard about the VA’s decision. “It seems they’re stepping up and trying to take control.”

Devereaux, 48, suffers from a terminal form of male breast cancer. It took him two years to finally earn service-connected disability benefits in August, and all along the way, he said, he had to explain the Lejeune water problems to VA officials.

“It felt like I had to beg,” he said. “You try to be a man. You know, I served my country. The last thing you want to say 20 years later is, ‘I need benefits.’ ”

McClatchy reported in June that the VA’s decisions on Lejeune-related claims appeared uneven, and they varied for Marines across the country. That led to questions from Congress about whether the VA was doing enough to track cases related to the contamination. Devereaux was among those who testified on the issue.

A million people — civilian workers, Marines and their family members — are thought to have been exposed to the contaminated water at Camp Lejeune, and more than 160,000 have registered with the Marine Corps to learn more about the case.

From the mid-1950s to the mid-1980s, water wells at Lejeune were poisoned with trichloroethylene (TCE), tetrachloroethylene (PCE), benzene, vinyl chloride and other volatile organic chemicals. The wells were shuttered in the mid-’80s, but many Marine veterans and their families had no idea of the contamination until Congress required the military to notify them beginning in 2008.

Catch the rest of the McClatchy Newspapers article here. Don’t miss the list of important links on the McClatchy article; and ours at the base of this report.

__________________________________________________________________

Here is the letter of Jan 11th to all VA Regional Offices and Centers:

DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
Washington, D.C. 20420
January 11, 2011
Director (00/21) In Reply Refer To: 211A
All VA Regional Offices and Centers Fast Letter 11-03

SUBJ: Consolidation and Processing of Disability Claims
Based on Exposure to Contaminated Drinking Water at Camp Lejeune, North Carolina

Purpose

The purpose of this letter is to inform all Regional Offices and Centers (ROs) that all disability claims and appeals based on exposure to contaminated water at Marine Corps Base Camp Lejeune, North Carolina, will be processed at the Louisville RO. This includes claims currently under appeal located at the Appeals Management Center (AMC), Pension Management Centers (PMCs), and Appeals Resource Centers (ARCs). All Camp Lejeune-related claims associated with paperless claims folders will remain at the Winston-Salem and Salt Lake ROs. This letter will describe procedures for transferring cases to the Louisville RO and guidance for processing these claims.

Background

From 1957 through 1987, persons residing or working at the U.S. Marine Corps Base Camp Lejeune, North Carolina, were potentially exposed to drinking water contaminated with volatile organic compounds, including benzene, vinyl chloride, tetrachloroethylene (PCE) and trichloroethylene (TCE). Claims based on service at Camp Lejeune involve potentially complex issues of exposure and causation, and VA remains concerned about the potential for harmful effects associated with past exposure to the contaminated water supply. As the Agency for Toxic Substances and Disease Registry, 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. By centralizing jurisdiction to the Louisville RO, VA enhances its ability to process these claims efficiently and consistently.

Training Letter 10-03 dated April 26, 2010, informed ROs of various environmental hazards, including the Camp Lejeune incident, and provided specific guidance on handling claims based on exposure to contaminated water at Camp Lejeune. The training letter guidance remains in effect and should be referenced along with this fast letter when adjudicating these types of claims.

Actions by Office of Original Jurisdiction (OOJ)

Effective immediately, all claims folders with pending claims or appeals based on water contamination at Camp Lejeune will be Permanently Transferred Out (PTOed) to the Louisville RO. This includes claims and/or appeals from the AMC, PMCs, and ARCs, if they include at least one Camp Lejeune-related issue. Pending claims are to be identified by the MAP-D special issue, “Environmental Hazard – Camp Lejeune.” Do not transfer claims where no disability is specifically alleged, e.g. a claim stating “Camp Lejeune” or “exposure at Camp Lejeune”. Follow the procedures in M21-1MR Part I, Chapter 1, Section B.3. If a disability is subsequently identified, then the claims folder is to be PTOed to Louisville. Additionally, do not transfer claims alleging disability of dependents, including birth defects, as VA has no statutory authority to compensate dependents of Veterans exposed to the water contamination. These claims are to be processed under the procedures at Part III, Subpart ii, Chapter 7.2.b.

Claims received prior to installation of the special issue identifier in MAP-D in October 2010 cannot be identified through VETSNET Operations Reports (VOR). For this reason, all employees should be on the alert for these cases including appeals from previous denials based on Camp Lejeune water contamination.

Take no further actions on existing claims or appeals prior to PTOing the file, unless non-Camp Lejeune issues associated with the file can be resolved immediately, (e.g., GAP an Award and release letter).

Backfile the enclosed FLASH notice in the center section of the claims folder prior to shipment. See Enclosure A. The OOJ will notify the claimant that his or her claims folder is being transferred to the Louisville RO. The enclosed letter is to be used for this purpose. See Enclosure B.

Continue the end product controlling the Camp Lejeune issue and any other claimed issues when the claims folder is PTOed.

For all future Camp Lejeune-related claims, the OOJ will establish the appropriate end product and immediately PTO the claims folder to the Louisville RO. Do not initiate development of these cases prior to transfer. Also, applications for benefits that do not meet the requirements of a substantially complete claim should not be PTOed, (i.e., those applications that do not identify an actual claimed condition as a result of exposure to the water contamination).

The Louisville RO has established a separate PO Box for all corresponding mail. Send all mail that needs to be associated with a Camp Lejeune claims folder to the following address (This PO Box address is also provided to claimants in the attached notification of transfer letter):

Department of Veterans Affairs

Louisville Regional Office
ATTN: CLCW Team
PO Box 2648
Louisville, KY 40201-2648
Actions by Louisville RO

Following receipt of claims folders, the Louisville RO will update COVERS and conduct a comprehensive review of the case to determine what actions are required. All actions should be taken expeditiously. When it is necessary to send the claimant a VCAA notice letter, include language requesting the dates of service for the Veteran at Camp Lejeune, (i.e., month and year of arrival and departure), and where the Veteran lived (on-base or off-base) and worked on base. Autotext the request for this information into the notice letter.

Compensation and Pension (C&P) Service recently developed an “Environmental Hazard – Camp Lejeune” special issue under the MAP-D contentions screen. It is imperative that all claimed issues based on the Camp Lejeune incident are correctly identified using this specific MAP-D special issue. To ensure conditions are identified on the coded rating conclusion, a special issue for RBA 2000 will be installed in the February 2011 coordinated install. When processing Camp Lejeune claims, a Corporate “Camp Lejeune” Flash should be placed on every Veteran’s record with verified service at Camp Lejeune during any period between 1957 and 1987.

Establish EP 685 in addition to the standard EP for all Camp Lejeune contaminated water appeals.

The Louisville RO will assume responsibility for processing all pending issues and appeals (including both Camp Lejeune and non-Camp Lejeune claims and appeals) until all Camp Lejeune-related issues are finalized and the folder is PTOed back to the OOJ. For purposes of this fast letter, a finalized claim is one in which a decision has been completed and no appeal has been received within the one-year appeal period. The Louisville RO will assume jurisdiction for any appeals received on Camp Lejeune claims and all other non-Camp Lejeune claims and/or appeals received during the one-year appeal period.

Because a special issue identifier for Camp Lejeune conditions cannot be immediately added to RBA 2000, the Louisville RO is to establish a database containing the following information on all completed Camp Lejeune cases:

• Claim number
• OOJ (RO Station Number)
• Decision date
• Specific claimed conditions due to exposure to contaminated drinking water
• Diagnostic code
• Whether the condition(s) was granted or denied
• Percentage assigned
• If denied, state reason (e.g., no exposure, no current disability, no nexus)

Claims Processing Policies and Procedures

Training Letter 10-03 provides guidance on handling claims for disabilities potentially resulting from exposure to drinking water contamination at Camp Lejeune. C&P Service is currently drafting a new training letter specific to the Camp Lejeune exposure that will provide updated guidance. It is imperative that VA examination and medical opinion requests include a discussion of the facts and circumstances surrounding the claim. The Camp Lejeune fact sheet must accompany the claims folder to the VHA facility. Any details such as date, location, and length of time on Camp Lejeune, medical, occupational, and environmental exposure history, and any other pertinent facts, should be made available to the examiner. Any noteworthy evidence should be brought to the examiner’s attention by including it in the remarks section of the examination request and flagging the appropriate item in the claims folder. C&P Service provided training to the Louisville RO Staff on December 21, 2010, to ensure consistency of application of Training Letter 10-03 and to address other concerns as needed.

The Veterans Health Administration leadership will ensure clinicians receive training and guidance on conducting C&P examinations and rendering medical opinions for disabilities based on exposure to water contamination at Camp Lejeune.

Questions

If you have questions concerning this fast letter, please submit to: VAVBAWAS/CO/211/ENVIRO.
Points of Contact at the Louisville RO are:
Primary POC: Laura Kuerzi-Rogers, VSCM
Technical POC: Ellen Bauer, DRO
The Office of Field Operations POC is: Adam Kinder
/S/
Thomas J. Murphy
Director
Compensation and Pension Service
Enclosures

Robert O'Dowd

Robert O’Dowd served in the 1st, 3rd and 4th Marine Aircraft Wings during 52 months of active duty in the 1960s. While at MCAS El Toro for two years, O’Dowd worked and slept in a Radium 226 contaminated work space in Hangar 296 in MWSG-37, the most industrialized and contaminated acreage on the base.

Robert is a two time cancer survivor and disabled veteran. Robert graduated from Temple University in 1973 with a bachelor’s of business administration, majoring in accounting, and worked with a number of federal agencies, including the EPA Office of Inspector General and the Defense Logistics Agency.

After retiring from the Department of Defense, he teamed up with Tim King of Salem-News.com to write about the environmental contamination at two Marine Corps bases (MCAS El Toro and MCB Camp Lejeune), the use of El Toro to ship weapons to the Contras and cocaine into the US on CIA proprietary aircraft, and the murder of Marine Colonel James E. Sabow and others who were a threat to blow the whistle on the illegal narcotrafficking activity. O’Dowd and King co-authored BETRAYAL: Toxic Exposure of U.S. Marines, Murder and Government Cover-Up. The book is available as a soft cover copy and eBook from Amazon.com. See: http://www.amazon.com/Betrayal-Exposure-Marines-Government-Cover-Up/dp/1502340003.