Camp Lejeune toxic water and chronic fatigue syndrome

[Maury]

Hello,

I was stationed at Camp Lejeune on base for over a year during the time the toxic water was present.  Currently I am rated at 60% disability from other conditions.  But it has come into light that the things listed that cause physical problems there at Camp Lejeune many have created problems for me.  Fortunately I have not been diagnosed with cancer but under the Neurobehavior effects these conditions I'm experiencing have been the main factor for not allowing me to work full time up to the time I needed to take an early retirement, approximately 7-8 years. 

Here's the thing, I'm wondering if can help with my current claim I've submitted regarding the toxic water at Camp Lejeune.  Regarding the Neurobehavioral effects claim I've listed Insomnia, Chronic Fatigue Syndrome, Loss of Memory, Poor Motor Skills, Dizziness, Anxiety and Tension.  In addition I have submitted a Nexus letter from my private doctor confirming all the problems I've been experiencing with connecting evidence.  It is is the review stage with the VA currently.  First off would there be anyone else here that has experienced these problems?  And if so would there be a C&P requested?  I have no problem with the C&P.  But I'm wondering if this could increase my disability rating?  

Thank you.

Maury

[broncovet]

Welcome to hadit.  

1.  A c and p exam is discretionary, determined by the VA, not us.  Generally, a c and p is used when the VA employee decides a c and p exam could change the outcome.  And, the reverse is true.  As an example, if you have "no" in service event, then a c and p exam is not going to "go back" to your military service and provide an "in service event".  

Thus the outcome would not change in this example, so a c and p exam would rarely be ordered.  We dont know whether or not a c and p exam would be ordered, we could only venture an informed  guess if we had read your file.  Otherwise, flipping a coin would "guess" whether or not one was required.  

2.  As far as the likeliness or degree of disability rating increase, read "1", above.  Your rating should increase if your SC conditions symptoms worsened, since the exam that was used by the previous rater where you got your current disability rating.    If you have one or more "new" conditions you should also apply for those.  

3.  Since you were stationed at camp Lejune, this suggests that your conditions may be a presumptive, but, as you pointed out you apparently dont have cancer.  This is good!  https://www.va.gov/disability/eligibility/hazardous-materials-exposure/camp-lejeune-water-contamination/ 

    This does not mean your conditions cant be sc.  Instead it means you will likely need a nexus, and it sounds like you are on top of this.  

    If you applied for "applicable new conditions" such as CFS, etc, and applicable increase in your present conditions, it sounds like you probably dont have to do anything but wait, "unless" you have ordered a copy of your cfile, and you noticed that critical evidence is missing from your file, then you should submit that evidence.  Hint:  order a copy of your cfile...its often how we can find out why we got denied, or even prevent that denial by submitting new evidence before the denial.  

    Its possible, or even likely, you have medical evidence that somehow did not make it to your cfile and wont be considered unless you submit it.  (38 CFR 3.156) 

Edited April 13, 2023 by broncovet

[Maury]

Hi Broncovet,

Your post was very informative and thank you.  Like you said, after all has been filed, I need to wait.  I did get a response from the VA claims regarding my most recent filing.  As it turned out the evidence that was presented to my doctor was not legible according the representative at the VSO when viewing what was initially scanned to the VA claims department.  I had 30 days to respond in which I did with PDF documents that were directly from the website.  The representative at the VSO did send those in to the VA claims department.  The representative at the VSO said there is a good chance a C&P would be requested.  So we will see, I have plenty of evidence of my conditions that are relatable to the Camp Lejeune toxic waters.

Please take care.

Maury