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Le Juene Bad Water Awards At Bva


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Question

BAD WATER LeJeune awards BVA:

There are no presumptives for Camp LeJeune vets.There are suggestive findings from the National Academy of Sciences' National Research Council (NRC) as to the contaminated water causing 14 disabilities.

These claims are handled on a case by case basis, whether or not the disability is on the list ( in this BVA link) it appears that most of these cases will take a very strong IMO.

This vet won 2 of 4 contentions and is on remand for the two denied:

He had a very strong IMO.

ORDER

Service connection for metastatic renal cell carcinoma with residuals of cysts, fatigue, diarrhea and bleeding ear, as due to exposure to contaminated water at Camp Lejeune, is granted.

Service connection for hypertension, as secondary to the metastatic renal cell carcinoma and, in turn, as due to the exposure to the contaminated water at Camp Lejeune, also is granted.

However, service connection for gynecomastia, including as due to the exposure to the contaminated water at Camp Lejeune, is denied.

As well, service connection for a fistula disability, including as due to the exposure to the contaminated water at Camp Lejeune, is denied.

Here is another award, in part:

ORDER

Service connection for a cognitive disability manifested by short term memory loss is warranted.

REMAND

The claim for a TDIU rating is inextricably intertwined with the claim for compensation for a cognitive disability manifested by memory loss. As this decision grants the Veteran service connection for a cognitive disability manifested by short term memory loss, the matter of entitlement to a TDIU rating must be returned to the AOJ for readjudication in light of the award.

This veteran didnt have any IMO but the BVA made their award based on this unusual statement:

"The multiple opinions against the Veteran's claim (by the same provider) are accompanied by changing/inconsistent reasoning.The opinions in support of his claim are conclusory. "

(They seem to be multiple consistent lay statements.

http://www.va.gov/vetapp14/Files5/1439356.txt

----------------------------------------------------------------------------------------------------------------

"ORDER

Service connection for Autonomic Nervous System Dysfunction to include sleep apnea, disability of the upper extremities, disability of the lower extremities, headaches, shortness of breath, and tachycardia is granted.

Service connection for an acquired psychiatric disorder as secondary to Autonomic Nervous System Dysfunction is granted.

Service connection for hypertension is denied.

Service connection for blurred vision is denied. "

REMAND

In light of the decision made herein, the Veteran should be afforded a VA examination and opinion for purposes of determining whether the Veteran is unable to secure or follow a substantially gainful occupation on account of service connected disability.

"Thus, there is competent medical evidence that shows that the Veteran has sleep apnea, disability of the upper extremities, disability of the lower extremities, headaches, shortness of breath, and tachycardia due to Autonomic Nervous System Dysfunction which was caused by exposure to contaminated water from Camp Lejeune. Service connection is warranted for these disorders."

http://www.va.gov/vetapp14/Files3/1422505.txt

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