Camp Lejeune Horror Story

[Bigkevo44]

Sort of Long

 

I joined the United States Marine Corps Reserve in July of 1986, and received an honorable discharge in July of 1994. For approximately 45 days in early October of 1986 until late November of 1986, I was stationed at Camp Lejeune, NC with the Warehouse Unit (3051) for training (ACDUTRA).

Several years after my separation from service in approximately 1993, I really began to experience the effects of consuming the contaminated water at Camp Lejeune. My mood changed drastically and I began to have major panic attacks. At one point in 1995 I was even taken by ambulance to the hospital for shortness of breath and the fear that I was having a massive heart attack. During this same year, I was formally diagnosed with suffering from Bipolar Disorder and Manic Depression. The strange thing about it is that I have never suffered from any psychological issues prior to my service at Camp Lejeune and do not have a family history of any psychiatric disorders. Over the next nineteen years, I took medication and occasional psychotherapy for my psychiatric condition. In spite of this my condition never really improved to the point that I felt normal.

Since approximately 1992, I have had literally dozens of jobs. This is true, because my psychiatric condition makes it nearly impossible to hold down a job for any considerable amount of time. I have real trouble concentrating and focusing on things for long periods of time. Due to my educational background, I have been afforded some really good and high paying jobs like the Social Security Administration and school teaching. However, because of my lack of ability to focus, I am unable to sustain meaningful employment for more than a few months at a time. The stress of the workload and my inability to handle authority make it very difficult to remain on any job for very long; as a result, I ultimately quit. I reason that I can do better working alone and for myself and that I’ll earn a lot more working for myself, but that never seems to manifest either. I would say that most of my family members and close friends believe that there is seriously something wrong with me. I have been out of work for a year and a half and drive for Uber from time to time to earn money for gas and auto insurance.

I prefer to spend most of my time alone and have pretty much cut off all contact with friends. I no longer have good health insurance like I did when I was married. Since it is difficult for me to maintain employment, I don’t have regular insurance coverage. As a result, I have not the taken much needed psychiatric medication for approximately four years. Consequently, my alcohol consumption has increased greatly and I weigh more than I ever have in my life.

In my heart of hearts, I truly believe that my condition is the direct result of my exposure to the contaminated water that I consumed while at Camp Lejeune, NC. According to the EPA, the levels of PCE, TCE and other chemicals at Camp Lejeune were at least 1000 times higher than normal. Apparently the Marine Corps was aware of this situation and did nothing to correct it. Hundreds of thousands of Marines and their families have been victimized by this situation.

In 2012, President Obama signed into law the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 (P.L. 112-154), which guarantees those veterans who served at Camp Lejeune from 1953 to 1987 for a minimum of 30 days and suffer from any of fifteen identified conditions, free treatment through the VA. I content that I suffer from Neurobehavioral Effects, which is one of the identified conditions. Depression falls within the realm of Neurobehavioral Effects.

 

Perhaps there is a “light at the end of this long tunnel,” because, a Veterans Law Judge, in his appeal letter stated that my service record confirms that I was stationed at Camp Lejeune for training, which falls within the range of subjects identified as potentially exposed to VOCs during my service and that my VA treatment record shows that I have a history of depression and that I have received treatment from the VA for such. Aside from this I also show a history of being treated for years by outside psychiatrist. As a result, I will be afforded the elusive P&C examination as part of my case; I am finally going to receive the due process that I deserve.

            I keep getting denied! What would you do?

[Berta]

I suggest you read this article,the most recent one I could find, and also google for Camp LeJuene Contaminated Water Marines and I am sure much will pop up. Also you could contact this law firm to keep undatted on their lawsuit.

"By Cristina Corbin

 Published April 27, 2016 

 FoxNews.com

Facebook4285 Twitter612 livefyre253 Email Print

(AP)

In Part:

“The quest for answers for thousands of veterans sickened -- in some cases terminally -- by contaminated water at Camp Lejuene has been stymied by a federal agency that refuses to hand over key documents, attorneys from Yale Law School charged Wednesday.

The Veterans Legal Services Clinic at Yale Law School filed a Freedom of Information Act (FOIA) lawsuit in federal court Wednesday against the Department of Veterans Affairs for allegedly withholding information on a group of "experts" denying claims for scores of veterans exposed to cancer-causing chemicals at the North Carolina base.

The suit, which represents two veterans groups, seeks to compel the VA to respond to a December 2015 FOIA request about the SME program -- an anonymous group of "subject matter experts" who render medical opinions on the veterans exposed to toxic water at Camp Lejuene  between 1953 and 1987.”  

Further in this article it states:

“The SME program tasks an anonymous group of clinicians with issuing medical opinions on the disability compensation claims of Camp Lejeune veterans. Since the VA created the SME program, the grant rate for these claims plummeted from approximately 25% to 8%, according to VA statistics.

From the limited information publically available, veterans groups and medical professionals have identified concerns about the clinicians’ credentials, methods, and expertise. For example, SME program clinicians have repeatedly relied on scientific reports that VA officials admit are outdated. In at least one case, the VA relied on a report by an SME program clinician who cut and pasted a Wikipedia entry to provide a medical opinion on a rare type of cancer**. “

https://www.law.yale.edu/yls-today/news/vets-clinic-sues-va-withholding-information-toxic-water-disability-claims

This is the same bull crap VA has done to thousands of veterans who get C &P exams from doctors ( or PAs or nurses)who dont have a clue on the specific disability the C & P is for.And like this article shows, one doctor went to Wikipedia to render his opinion on a Camp LeJuene claim.

The grant rate of LeJuene claims ,as the article shows has "plummeted" because of this "anonymous" group of clinicians that the Lawsuit attempts to reveal information on, as to their qualifications.

VA recently was under the gun because 24,000 or more TBI veterans claims had to be reviewed because many were denied because of unqualified doctors.

It sounds to me like the Camp LeJuene fiasco is the same thing.

We had lawyers from the Yale Veterans law clinic on one or two of our radio shows years ago and maybe Jerrel Cook could get some of them on to talk about this latest FOIA  lawsuit.

 

"I keep getting denied! What would you do? " I would hang in there and also google for other info on Camp LeJeuene veterans still waiting for a proper resolve of their claim. I would definitely try to stay up on this FOIA situation as well.

Also get a copy of the C & P exam , if it is done at a VAMC ....but I am wondering if all C & Ps for Camp LeJeune contaminated water vets  are being done by the socalled SMEs.....and the law firm would know if those exams can be release3d to the claimant right away 9 or maybe not)

I think we had one Camp LeJuene award here....will try to find it.

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

I managed to erase the doubles....and need to add

“VA Secretary Bob McDonald announced in mid-December that eight medical conditions afflicting vets who served at Lejeune from Aug. 1, 1953, through Dec. 31, 1987, are to be presumed the result of exposure to carcinogens and other harmful chemicals that fouled base water systems.

The proposed “presumptive” diseases are: kidney cancer, liver cancer, non-Hodgkin lymphoma, leukemia, multiple myeloma, scleroderma, Parkinson’s disease and aplastic anemia/myelodysplastic syndromes.

Making ailments presumptive moves compensation awards nearer to automatic. Diagnosed veterans still must file claims but they only need to show they served at Camp Lejeune during the 34-year span for a necessary length of time. A minimum of 30 days is likely although officials won’t confirm that until a proposed regulation is published, which is expected by mid-2016.

Without presumption, claims are adjudicated more slowly, with each claimant having to show a nexus between their disease and their service.”

 

http://www.stripes.com/va-presumption-regulation-could-help-up-to-15k-camp-lejeune-veterans-1.387558

Although the prior list ( the nolo link below)contained other disabilities, only the above ones are presumptive and it will take a strong independent medical opinion to show that your disability has no other etiology but for the exposure to the contaminated water at Camp Lejeune.

http://www.nolo.com/legal-encyclopedia/camp-lejeune-illnesses.html

 

 

 

 

 

 

(AP)

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Edited June 23, 2016 by Berta (see edit history)

[Bigkevo44]

Thank you Berta for the great information. No, my condition is not one of the eight 'presumptives' identified, but it is one of the 15 identified in the law passed by President Obama in 2012 for VA treatment. However, because technically I am not a veteran ( honorably discharged reservist), I have even hit a brick wall being seen and treated at the VA at all. Thanks and I will keep fighting.

[VietnamVetSis]

In my quest to prove service connection for my brother's schizophrenia, I am wondering if there is anyone out there that has filed a claim for schizophrenia caused by exposure to Camp Lejeune drinking water.   I've read the committee's report and they seem to say there is reasonable doubt, and they will side with the Veteran.   My brother was at Camp Lejenue for 4 months --- March 27, 1969 - July 27, 1969.  His schizophrenia manifested about 7 years later.   I'm not sure how to interpret their "Adult Exposure Algorithm" chart.   Can anyone help me ?

[Berta]

Can you give us a link to the report you are referring to?

[VietnamVetSis]

Yes -- it's the Review of VA Clinical Guidance for the Health Conditions Identified by the Camp Lejeune Legislation

here's a link -- http://www.ncbi.nlm.nih.gov/books/NBK284982/

[Berta]

It does state "neurobehavioral effects" in the VA regulations for qualifying conditions but that term is not well defined and this would be, in my opinion, a very difficult claim to prove.

" I've read the committee's report and they seem to say there is reasonable doubt, and they will side with the Veteran."

I have read this report many times and I do not have the same impression at all

 

.But others here will read it and chime in.

 

 

 

 

[Berta]

To add, you sure might want to contact "The Few, The Proud, the Forgotten":

http://www.tftptf.com/5999.html

as they would have the latest info on the lawsuit I mentioned in a post past here as well as a discussion board.

They are very involved in the Camp LeJuene issue

[VietnamVetSis]

Thank you for the link to TFTPTF.   That's certainly the proper forum for my inquiry and I will investigate further.

Here's where I got the bit about the VA siding with the Veteran --  

The committee adopted a rule that a renal or neurobehavioral effect must be reported with statistical significance in at least one relatively well-designed study, or have sufficient strength of evidence to be considered a possible effect. In cases where the weight of the evidence was sparse but showed a positive association, or was equivocal and expert judgment was used to make the finding, the committee gave the benefit of the doubt to the veteran and family member.

It looks like they do recognize schizophrenia, PTSD, depression, suicide, bi-polar etc as being a neurobehavioral effect ... the problem I foresee is with the onset of his suicidal schizophrenic episode being so far past (7 years) his exposure at CL.   

Thank you for responding.

[Bigkevo44]

Thanks for all of your help especially Berta. This past September 2016, my case was approved at 70%. After submitting an IMO from my doctor along with all of my other medical evidence including a positive C&P exam, I was awarded. After reading the judge's decision, I am convinced that the IMO and not the C&P exam is what won.

Because I feel I am unable to hold a job, I need advice on how to approach TDIU. Should I file the IU form 21-8940 or file a NOD or appeal? I read somewhere that an appeal is the smart move, since I may be entitled to retroactive pay at 100% instead of the 70% rate. The problem is that I fear filing an appeal because they may find justification for reducing my rating.

What would you do?

[Berta]

Wow that is Great News ...another Camp Le Juene award......

Were you employed when the decision was made? If not did the VA make any statement as to why they did not consider TDIU?

It is why they went no higher than 70%, explained in the award, that has to be overcome, with evidence.

Do you get SSDI, and if so is that solely for the SC condition?

You are right about the IMO and I bet it was very thorough.

Have you consider getting another one ,if you do file for TDIU?

I would file for TDIU if I were you, and also file a timely NOD referring to the TDIU app in the NOD.But I would like to read some input from others on that, if they gave a reason for not considering TDIU.

I assume they did not enclose a TDIU application with the 70% award????

This is encouraging to know that Camp Le Juene vets are having some success.

 

 

 

 

 

 

 

[Bigkevo44]

Berta,

No I wasn't officially employed at the time of my award except for as a very part time Uber driver. No, I don't receive SSDI yet, its on appeal. I'm planning to get another IMO from my doctor.

The VA's statement says "The overall evidentiary record shows that the severity of your disability most closely approximates the criteria for a 70 percent disability evaluation... A higher evaluation of 100 percent is not warranted for bipolar disorder unless the evidence shows total occupational and social impairment, due to such symptoms as:

Listed...

The decision represents a grant that is considered to be a full and final determination of this issue on appeal.

Please advise...

Bigkevo

[Berta]

You certainly can appeal that with another IMO,if you feel your conditions show the Total occupational and social impairment criteria , and if an IMO doc will agree with a strong medical rationale.But if you consider that route, it would be great if the doctor would also state that your condition is Total and Permanent -with a full medical rationale for that.

I thought they might not have made the statement they made, and that would have been a CUE.

The doc would need the rating schedule that applies to all mental conditions..in our link to the VA Schedule of ratings here..Meantime I assume the SSDI is aware of the 70% SC..and if they solely award for the SC bipolar, make sure VA knows of that award right away and if the SSDI EED is more favorable than your TDIU filing date, you might be granted the SSDI favorable EED....there is info here under search as to how that works.

Personal example...my husband filed for PTSD and a Stroke with SSDI.1992. They awarded for the Stroke only.SSDI 1993

(stroke was NSC per VA but subsequently became 'as if' SC under 1151 (Malpractice) He was 30% SC for PTSD at that time.

We filed reconsideration with evidence and they then awarded SSDI solely for PTSD back to his last day of employment.1991 (less than a year prior to his stroke)1993

In a posthumous award 3 years after his death the VA finally granted him 100% SC P & T for PTSD, with the 1991 EED that SSA gave him.It was an accrued benefit award to me because he was dead for 3 years by then.

I had significant evidence they ignored right off the bat so this was not an easy claim but I knew the evidence would speak for itself, and I even got his shrink to explain it to them.The award came mere weeks after I went over to the Bath VAMC to see his shrink.He immediately sent them a letter and then they learned fast how to read.

Make sure the VARO has ALL of your psychiatric records.The VA used minimal records from his former PTSD doctor who was the VA  employee counselor,but when they moved him to the real VA PTSD doc ,those records and the significant testing he did, were extremely probative to the claim.

SSA used all of those VA records but somehow VA ignored the same records completely.or the MF showed up (MF   the mysterious force I know very well who is employed by the Buffalo VARO)

We did talk to a SSA lawyer,when we filed the reconsideration request,  who told me there was no way he could help us. He said the recon request I prepared with all of the evidence for it .....would faiI.

I called the lawyer up a few months later to tell him he lost over 4,000 bucks that day.

The recon retro SSDI was around 17 thousand dollars.Make sure your lawyer has every medical record they need.

 

 

Edited November 6, 2016 by Berta (see edit history)

[Bigkevo44]

Thanks a lot Berta,

That was so truly valuable information and advice. I'll let you know how I make out.

[Bigkevo44]

Hi Berta,

The strangest thing happened to me today that I want to get your opinion on. Once I was service connected at 70%, I put in a claim for IU. Actually I put that claim in about three months before I received my decision. However, once I received the good news, I immediately applied for the Service-Disabled Veterans Insurance policy for $10,000. The premium amount on the paperwork was for a different amount than what I received in the mail. So, I called them and was informed that my premium had been waived and paid by the VA because of my 100% P&T status. They said it went into effect from my last day of work which was March 16, 2015. I was shocked to say the least, so I hung up and called back to speak to another representative; same answer...WOW!

The problem is that it isn't reflected on eBenefits at all. Moreover, when I called the VA and spoke with the representative there, she stated that she still sees the 70% rating and upon closer look can't see whether a determination has been made yet. This is confusing to say the least. Both this representative and eBenefits says that a determination should be made sometime around May 2017. I haven't supplied any new evidence as of yet to the VA for IU...could this be an error on their part.

What are your thoughts?

Thanks in advance.

Edited November 14, 2016 by Bigkevo44 (see edit history)

[Berta]

That is baffling....

 "They said it went into effect from my last day of work which was March 16, 2015. "

How did they know that date....were you in receipt of SSDI with that as the SSA EED?

You sure might want to go to www.va.gov and click on the Contact Us, then on the Ask a Question things to be redirected to IRIS whereby you can ask about this and you might get a concrete answer...

I dont think ebenefits is always reliable.

 

 

[Bigkevo44]

When I contacted the VA telephone line, they still show 70%. Very confusing, but I am still hopeful. Thanks for all your help and I promise to keep you updated. Y'alls help is invaluable...