Camp Lejeune Marines Get Toxic Exposure Protection At Last! C-123 Veterans Helped!

WE HELPED! The example of the way VA addressed our Agent Orange toxic exposures in 2015 was looked at very carefully by the VA in its approach to the terrible water contamination problem at Camp Lejeune.

Late last year, acting on advice from the Institute of Medicine and the Agency for Toxic Substances and Disease Registry,  Secretary McDonald and the Department of Veterans Affairs proposed a series of protections for Marines and other personnel stationed at Camp Lejeune before 1987. Included are members of the Reserve Components serving there a minimum of 30 days in total. Compensation for their illnesses could reach several billions dollars.

I read the proposed new rules and on behalf of our association commented throughout as you will see in the summary copied from the Federal Register. We especially note the role of the ATSDR in helping Marines just as they helped us, and express our thanks to them for the great job done helping the Corps this day.

SUMMARY:

The Department of Veterans Affairs (VA) amends its adjudication regulations regarding presumptive service connection, adding certain diseases associated with contaminants present in the base water supply at U.S. Marine Corps Base Camp Lejeune (Camp Lejeune), North Carolina, from August 1, 1953, to December 31, 1987. This final rule establishes that veterans, former reservists, and former National Guard members, who served at Camp Lejeune for no less than 30 days (consecutive or nonconsecutive) during this period, and who have been diagnosed with any of eight associated diseases, are presumed to have incurred or aggravated the disease in service for purposes of entitlement to VA benefits. In addition, this final rule establishes a presumption that these individuals were disabled during the relevant period of service for purposes of establishing active military service for benefits purposes. Under this presumption, affected former reservists and National Guard members have veteran status for purposes of entitlement to some VA benefits. This amendment implements a decision by the Secretary of Veterans Affairs that service connection on a presumptive basis is warranted for claimants who served at Camp Lejeune during the relevant period and for the requisite amount of time and later develop certain diseases.

VA Proposes Disability Benefits for Camp Lejeune Marine Veterans Exposed to Contaminated Water

  WASHINGTON – The Department of Veterans Affairs (VA) announced today that it plans to propose expanded disability compensation eligibility for Veterans exposed to contaminated drinking water while assigned to Marine Corps Base Camp Lejeune. Without a doubt, this is one of the most pro-veteran decisions ever reached by a Secretary of Veterans Affairs!

From 1953 to 1987, water sources at the base were contaminated with industrial solvents that are correlated with certain health conditions.  Secretary of Veterans Affairs Robert A. McDonald decided to propose presumptions of service connection for certain conditions associated with these chemical solvents following discussions between environmental health experts at the Veterans Health Administration and the Department of Health and Human Services Agency for Toxic Substances and Disease Registry (ATSDR).

 “The water at Camp Lejeune was a hidden hazard, and it is only years later that we know how dangerous it was,” said Secretary McDonald.  “We thank ATSDR for the thorough review that provided much of the evidence we needed to fully compensate Veterans who develop one of the conditions known to be related to exposure to the compounds in the drinking water.”

ATSDR determined that the drinking water at Camp Lejeune was contaminated with perchloroethylene, trichloroethylene, vinyl chloride, benzene and other petroleum contaminants from leaking storage tanks from 1953 to 1987.  ATSDR also determined that prolonged exposure to these chemicals increases the risk of certain health conditions.

Based upon VA’s review of current medical science and ATSDR’s findings, Secretary McDonald intends to propose creation of a presumption of service connection for the following conditions:

Kidney Cancer
Liver Cancer
Non-Hodgkin Lymphoma
Leukemia
Multiple Myeloma
Scleroderma
Parkinson's Disease
Aplastic Anemia / Myelodysplastic Syndromes

The Secretary’s proposal would also expand benefits eligibility to Reserve and National Guard personnel who served at Camp Lejeune for any length of time from August 1, 1953, through December 31, 1987.   These personnel would be presumed to have been exposed to the contaminated water during their Reserve or National Guard service and, in appropriate circumstances, to have been disabled by such exposure during service, thus allowing them to qualify for VA benefits under the statutory definition of “Veteran.”

  This would make them eligible for VA disability compensation and medical care for any of the presumptive conditions, and their surviving dependents would be eligible for dependency and indemnity compensation and burial benefits. A VA spokeswoman said compensation awarded as a result of the proposed regulations, if adopted, will "be effective no earlier than the date the final rule is published."

VA is working on regulations that would establish these presumptions, making it easier for affected Veterans to receive VA disability compensation for these conditions.  While VA cannot grant any benefit claims based on the proposed presumption of service connection for these conditions until it issues its final regulations, it encourages Veterans who have a record of service at Camp Lejeune between August 1, 1953, and December 31, 1987, and develop a condition that they believe is related to exposure to the drinking water at the base, to file a disability compensation claim with VA.

VA will continue to grant claims for disabilities claimed to be associated with exposure to the contaminants that can be granted under current regulations and review of the evidence in each case. If a claim for service connection for one of the proposed presumptive conditions would be denied under current regulations, the denial will be stayed until VA issues its final regulations. VA will announce when the regulations are final and presumptive benefits can begin to be awarded.

Veterans who served at Camp Lejeune for 30 days or more between August 1, 1953, and December 31, 1987, are already eligible to receive VA healthcare for up to 15 health conditions.

GREAT move, Mr. Secretary!

Veterans can establish eligibility for healthcare benefits by submitting VA Form 10-10EZ online at www.1010ez.med.va.gov/, downloading it at www.va.gov/vaforms/medical/pdf/1010EZ-fillable.pdf and returning it to any VA Medical Center or Clinic, or by calling 1-877-222-VETS (8387), Monday through Friday, between the hours of 8:00 AM and 8:00 PM (Eastern Time).

VA is reimbursing certain veterans’ family members for eligible out-of-pocket medical expenses related to the 15 covered conditions.

VA Leadership CONTINUES Fighting Veterans' Exposure Claims

Today's Camp Lejeune toxic water claimants would do well to remember the anti-veteran words of Mr. Brad Flohr, VA's Senior Advisor for Compensation Services. In 2013, Mr. Flohr commented on an Agent Orange disability award for a C-123 veteran, LtCol Paul Bailey (note: all affected C-123 vets were eventually provided presumptive service connection via an Interim Final Rule promulgated by the Secretary effective June 19, 2015.)

"-----Original VA message released by Dept of Justice under FOIA lawsuit-----

From: Flohr, Brad (SES EQV), VBAVACOSent: Monday, August 26, 2013 8:40 AM
To: Murphy, Thomas (SES), VBAVACO; Bilosz, Mark, (SES), VBAVACO; Black, Paul, VBAVACO
Cc: Flynn, Mary A. (SES), VBAVACO; Sampsel, James, VBAVACO
Subject: RE: VASec Wants to Know How We Granted SC for AO Exposure for a Vet Who Did NOT Serve in Vietnam

Unfortunately, there is evidence from credible sources, including ATSDR, noting the presence of Agent Orange in the C123 aircraft, so it would be difficult to sever service connection, not to mention politically unpopular."

"Unfortunately" he wrote? Evidence from the CDC and US Public Health Service and nationally-respected scientists and physicians supporting a vet's claim for medical care is somehow "unfortunate?" Evidence supporting a vet's claim is unfortunate AND credible, as he acknowledges. What the heck kind of evidence does Mr. Flohr find acceptable before he trashes a veteran's disability claim? How does he feel exempted from the Veterans Claims Assistance Act? From the Due Process Clause of the Fifth Amendment? Did he get a special pass to trash valid veterans' claims and ignore VA's legal duty to be pro-veteran, non-adversarial and paternalistic?

 Mr. Flohr's August 26 2013 memo was triggered by the Secretary of Veterans Affairs, who on August 14 2013, asked his staff to account for how LtCol Bailey's C-123 Agent Orange exposure claim was permitted on August 3 2013 by the Manchester NH Veterans Affairs Office...which acted on the evidence but against VA HQ instructions (the DRO told VA HQ he acted on the evidence)...and the background on all such C-123 claims. Here is what Secretary Shinseki asked:

"I hope you are doing well and that you enjoyed your time off.  I have a question regarding disability claims and have no idea who to send it to.  Though you may be able to route me to the correct person. I would like to obtain information on claims for disability compensation based on exposure to Agent Orange during service on c‐123 aircrafts (post‐Vietnam) that were used to spray agent orange.
Specifically, I would like to know the result of such claims and a summary of why such claims are denied or approved.  Also, a summary of claims that were appealed and if the decision was reaffirmed by BVA or overturned.  If overturned, the reasoning for such action." 

VBA and VHA most senior leadership (the "VASec" – General Shinseki and staff) viewed evidence supporting this exposed combat veteran's claim as "unfortunate?" These words of Mr. Flohr leave an even more toxic taste in my mouth when considering the vindication given C-123 veterans by the Institute of Medicine's Agent Orange report in January 2015 and, eventually in June, the Secretary's Interim Final Rule. The C-123 veterans, it turns out, had been right all along...right in the science, right in the law. VA was wrong to have refused these veterans medical care for their cancers and other ailments. As Senator Burr said for his colleagues, "it shouldn't have taken this long or been this hard." And veterans shouldn't have died, denied VA medical care!

Perhaps Mr. Flohr, whose paramount duty should be insuring all eligible veterans are provided benefits earned as per the law, feels credible evidence needs to be withheld, much as VA withheld the JSRRC confirmation of C-123 vet's exposures in March 2013.

His documented background of anti-veteran perspective is enough to disqualify Mr. Flohr in any VA role where he determines whether veterans will or will not be permitted essential medical care and other benefits.

That would be "unfortunate" for Mr. Flohr but a Heaven-sent blessing for the troops! What should our analysis be of the people Mr. Flohr's August 26 memo was distributed to, including Mr. Tom Murphy, Director Compensation and Pension? 

Mr. Murphy, remember, authored the denial order for a C-123 veteran's claim by insisting that TCDD (the toxin in Agent Orange) was harmless! This prejudicial and unscientific comment stood to block the veteran's claim until October 2015. On December 1 2015, the Department of Justice reported that Mr. Murphy's statement "was in error and incomplete." In error and incomplete, but unfortunately it still sufficed for Mr. Murphy's purpose of blocking a claim for as long as he could, and until retroactive benefits were no longer available to the vet.

Finally, why the heck didn't anyone copied on this memo then or since act to correct the harm done by Mr. Flohr's blatant "unfortunate" remarks? Co-conspirators in VBA's objective of, as VHA's Dr. Terry Walters put it to the Associated Press, of having to "draw the line somewhere" should be questioned about exactly how bad such actions have to be before blowing the whistle!

What kind of VA do we have if it sees credible evidence supporting a veteran's claim as UNFORTUNATE? And the staffers get away with this for years! Are they free to disregard VA regulations (VAM21-1MR,) as well as the Veterans Claims Assistance Act and the Due Process Clause of the Fifth Amendment?

Mr. Flohr was interviewed by NPR but on a different exposure concern – Mustard Gas: "This is not an easy, not a simple thing," Flohr says. "But we have done everything that we could do, I definitely believe that." This was his weak defense of VA's failure to contact suffering volunteers for early Mustard Gas experiments...his defense was for twenty years of VA failing to honor its commitment to Congress and failure to contact over 75% of those veterans in the two decades since it said it would. Mr. Flohr is aided in VA's efforts to prevent Mustard Gas claims by the fact even the Pentagon says the necessary records have been destroyed. NPR reported, "And yet Flohr insists the VA still needs (lost government) proof in order to grant claims. "I'm sorry, " Flohr says. "But the only thing we can do is follow our statutes and regulations.

He offered much the same over five years ago, in an interview about Camp Lejeune with McClatchy Newspapers. "We're committed to do training for staff dedicated to do these claims." Five years ago he gave that interview and made that promise, yet VA's stall techniques continue to block Camp Lejeune vets still today. Although NPR's librarian found 1200 surviving veterans in just one month's effort, Flohr insisted that VA managed only found half that in over two decades, even with all the resources of the federal government.

"But the only thing we can do is follow our statutes and regulations," Mr. Flohr said.

EXCEPT...when those "statutes and regulations" happen to establish solid proof...credible government proof thrust upon VA by the NIH, CDC and the Department of Defense for C-123 veterans and our Agent Orange exposures, Mr. Flohr then considers proof "unfortunate" and best disregarded by VA.

Can these VA staffers, regardless of their position within the government, freely ignore laws and regulations? Can these staffers continue their quiet, unofficial, and personal vendetta against veterans with exposure injuries simply because they feel, as stated by Dr. Terry Walters to the Associated Press on May 14, 2014, "We have to draw the line somewhere." Echoing Mr. Flohr, she said VA was simply following the law...but now it is clear that these staffers worked hard to misinterpret the law, picking and choosing parts, ignoring other parts, all to block or delay veterans' claims. Were they somehow free to do this? Free to set their own special barrier to keep VA medical care away from these veterans?

Yes. No problem at all. They do it all the time without even having to answer for it. They work for the VA.

CDC – ATSTR Again Addresses Camp Lejeune Drinking Water: New Report Released

(letters posted to Camp Lejeune stakeholders about drinking water contamination saga) Dear Sir or Ma'am:

On December 4, 2013 the Agency for Toxic Substances and Disease Registry's (ATSDR) "Evaluation of exposure to contaminated drinking water and specific birth defects and childhood cancers at Marine Corps Base Camp Lejeune, North Carolina: a case--control study" was published (http://www.atsdr.cdc.gov/sites/lejeune/update.html). You will receive a hard copy of the ATSDR fact sheet summarizing the results of this study in the mail in the coming weeks. ATSDR's study evaluated whether or not maternal exposures to drinking water containing volatile organic compounds (VOCs) at Camp Lejeune increased the risk of certain health conditions. The study used ATSDR's previous water modeling efforts to estimate past exposures (http://www.atsdr.cdc.gov/sites/lejeune/watermodeling.html). VOCs were commonly used as solvents for cleaning machinery and weapons, for dry cleaning, and some are found in fuels. This study is the first of several health initiatives that ATSDR is expected to complete in the next several years. For more information about these studies, visit http://www.atsdr.cdc.gov/sites/lejeune/ or call (800) 232-4636 . Since 1991, the Marine Corps has supported the health initiatives conducted by various scientific agencies. We are also working diligently to identify and notify individuals who, in the past, may have been exposed to the chemicals in drinking water. For more information about these efforts or to update your contact information, please see:http://www.marines.mil/clwater/, call  (877) 261-9782  or e-mailclwater@usmc.mil. For the complete report and for information about studies being conducted by ATSDR, visit http://www.atsdr.cdc.gov/sites/lejeune/ or call  (800) 232-4636 . To contact Veterans Affairs to learn more about health care benefits, please visit http://www.publichealth.va.gov/exposures/camp-lejeune/or call  (877) 222-8387  (Healthcare) or  (800) 827-1000  (Benefits).  Sincerely,            /signed//        The Camp Lejeune Historic Drinking Water Program

Camp Lejune Relief Becomes Law - President Signs Bill!

Obama Signs Lejeune Water Bill! courtesy of US Army veteran Charles Harris in Maryland:

Aug 06, 2012              Military.com by Bryant Jordan President Obama Signs Camp Lejeune Law Marines and their families assigned to Camp Lejeune, N.C., finally will receive medical care for illnesses caused by exposure to toxins in the base water following years of waiting and a tally of sickness and death that could reach close to one million. President Barack Obama on Monday signed a law to extend medical care to people sickened by what has been called the largest episode of military base water contamination. The president said at the White House ceremony the country has a “moral and sacred duty” to care for those sickened by the contaminated drinking water. Under the new law, those who served at or lived on Camp Lejeune at least 30 days between Jan. 1, 1957, and Dec. 31, 1987, will be able to receive medical care for cancer of the esophagus, lung, breast, bladder and kidney, as well as for leukemia, multiple myeloma, myleodysplasic syndromes, renal toxicity, hepatic steatosis, female infertility, miscarriage, scleroderma, neurobehavioral effects and non-Hodgkin’s lymphoma. Sen. Richard Burr of NC, ranking member of Senate Veterans Affairs Committee “This has been a long time coming, and unfortunately, many who were exposed to contaminated water at Camp Lejeune over the years have died as a result and are not with us to receive the care this bill will provide,” said Sen. Richard Burr, R-N.C., in a statement in July after the Senate passed the bill. Reports have put the number of people exposed to the contaminated water anywhere from 750,000 to one million. Chemicals found in the water included trichloroethylene, tetrachloroethylene, benzene and vinyl chloride. Burr said the base water contamination “is the largest recorded environmental incident on a domestic Department of Defense installation.” Parents like retired Marine Master Sgt. Jerry Ensminger, whose 9-year-old daughter died from a rare form of leukemia in 1985, have fought for years to draw attention to the contaminated drinking water at Lejeune. He has vowed to continue his fight to hold Marine leaders accountable even after the bill passed the Senate. Before Burr’s bill reached the House -- where it also passed overwhelmingly -- he first had to press fellow Republican Sen. Jim DeMint of South Carolina to release the bill for a Senate vote. DeMint used a Senate privilege to block a vote on the law because he was afraid people who were never assigned or lived at Lejeune would get care fraudulently. The conservative senator’s hold on the bill was roundly criticized by veterans. “Senator DeMint's concern for some insignificant, possible, future fraud stands in stark contrast to the tens, possibly hundreds, of thousands of current, proven suffering of persons already exposed to these poisonous chemicals. The senator needs to re-evaluate his priorities!” wrote one commenter on the Military.com forums, who identified himself as a Navy retiree. “Maybe Mr. DeMint should be required to drink & use the same water that these Marine victims and their families suffered from,” wrote Bob Bousquet, who also identified himself as a Navy veteran. DeMint was holding out to amend the bill to include specific language addressing fraud. He relented, satisfied that Department of Veterans Affairs already has in place provisions for dealing with fraudulent claims. Though the bill signed Monday had widespread support in both houses of Congress, it took many years to win approval and represents only the latest example of the Pentagon and VA's history of ignoring or delaying health care for collaterally sickened servicemembers. As with post-traumatic stress disorder and Agent Orange exposure during the Vietnam War, officials initially denied any links to the psychological and health problems to combat or exposure to defoliants sprayed widely over Vietnam. The same pattern played out in the decade following Operation Desert Storm as veterans of the war began turning up with chronic headache, widespread pain, cognitive difficulties, debilitating fatigue, gastrointestinal problems, respiratory symptoms and more. It was only in 2010 that the VA began encouraging Gulf War vets to reapply for compensation after having been turned down previously. Even with the bill to address health problems arising from contaminated water at Lejeune, the government is not actually blaming the chemical-tainted water. What the new law says is that veterans and family members who were at the base longer than 30 days between Jan. 1, 1957, and Dec. 31, 1987, are “eligible for hospital care and medical services [for certain illnesses or conditions] notwithstanding that there is insufficient medical evidence to conclude that such illnesses or conditions are attributable to” being at Lejeune.