Now at CVAC level, one big hurdle that seems to be the issue….

[MsScarlett]

My husband has now been denied at the BVA level (only took us 7 years). He has every neurological issue there is and he was at Camp Lejeune in the late 70’s.  They keep stating that this didn’t start while he was in the USMC or within 7 years afterwards. We have 2 very good nexus letters, we had a review from a physician that we never met (that was favorable for my husband), we even had genetic testing and he had no markers genetically at birth. yet he was still denied.  The VA states that this didn’t manifest in the military or within 7 years afterwards.  It was more like 15 years afterwards but we didn’t know about CL until 2009. They also mention that since his ancestry’s was Northern European, that’s most likely why he has these issues. SMH….(you can’t make this garbage up).  Probably 75% of the US is Northern European but not 75% of us have these neurological issues.  Anyhow, how do you get around the timeframe issue. He probably had symptoms years before he got them actually checked out but we have no proof of that. This is so frustrating…he is very ill. Every day is a struggle and he probably won’t be able to walk here eventually.  I appreciate any help. 
 

[broncovet]

VA tried that with me.  They used, as a reasons and bases for denial, that "its been too long since military service".  Its bogus.  That is NOT a criteria for denial, anyone can apply for any benefit at any time.  Many disorders dont manifest themselves until years, or even decades later.  Example:  Hep C.  If exposed in the military, you may not even find out you had it for 20 years or more, because this virus grows very slowly.  

This said, "if" you were stationed, for example, at Camp LeJune PRIOR to the date (s) listed for presumptive conditions, you may not be eligible for a PRESUMPTIVE SC.  

Remember, tho, presumptive is "just one" of the several ways to get sc:  Direct (with nexus), secondary, (with nexus to primary), 1151, or aggravation are others.  

The VA's job is to determine "which" of these qualify you, not to eliminate you on the bases that you did not meet the criteria for "one" of these.  

I advise you to get an attorney who represents Veterans, but you need to do that within 120 days of the bva denial.  

The good news is that CAVC law fees are mostly paid by the EAJA not you.  

Edited June 27, 2022 by broncovet

[Vync]

@broncovetthe arbitrary windows of manifestation don't make much sense because some people are just more resilient than others. Hep C was a good example. It also reminds me of the old continuity of symptoms and treatment or "chronic" mumbo jumbo...

[Dustoff1970]

MsScarlett you may be interested in this latest news and law passage.

https://www.yahoo.com/now/camp-lejeune-justice-act-passes-174500569.html

[USNDW]

So dies anyone explain why 1953 is the start date of presumption?

Did something happen in 1953 on the base that introduced the chemicals at that time?

Or

Was that date stamped because the toxins were discovered to cause illnesses in 1953?

I think that would be good resesrch for your husbands claim. I just had a partial Grant and the BVA erred in their findings and in the decision they explained how to request a review of the decision. If you are in the window of time I would recommend you try that first before tackling then CAVC, but as Bronco pointed out, it may not cost a bundle to go that route

[MsScarlett]

Thanks everyone for the replies.  We do have a very good attorney now for our CAVC level filing. Hopefully, he can get this claim somewhere. It’s just horrible how our veterans are treated. My husband has nexus letters from 2 neurologists, genetic testing (which showed at birth,his genes were normal), and much more, etc.  What’s even more ridiculous is that the USMC reached out to him in 2008 to let him know he was exposed, yet they deny his bizarre health issues are related. I feel so bad for anyone that has to prove their medical issues are related to this water exposure. The VA does everything possible to deny you at all costs.  
 

Ms Scarlet

[63Charlie]

On 8/6/2022 at 9:16 PM, MsScarlett said:

 The VA does everything possible to deny you at all costs.  
 

Ms Scarlet

Delay, deny, hope we die.