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UPDATE: Camp Lejeune Water Contamination Proposed Presumptive Conditions

On September 9th, The Federal Register issued a “public inspection document” (which it does the day before any rule is published), which indicates VA is proposing a presumptive rule of service connection for eight conditions for those who served at Camp Lejeune for no less than 30 days from August 1, 1953 through December 31, 1987.  “In addition, VA proposes to establish a presumption that these individuals were disabled during the relevant period of service, thus establishing active military service for benefit purposes.  Under this proposed presumption, affected former reservists and National Guard members would have veteran status for purposes of entitlement to some VA benefits.”  The conditions covered include (1) kidney cancer; (2) liver cancer; (3) Non-Hodgkin’s lymphoma; (4) adult leukemia; (5) multiple myeloma; (6) Parkinson’s disease; (7) aplastic anemia and other myelodysplastic syndromes; and (8) bladder cancer.

What is disturbing is the list of included presumptive conditions. Currently you can get health benefits from the VA for breast, lung and esophageal cancer, miscarriages, scleroderma, female infertility, renal toxicity, neurobehavioral effects and hepatic steatosis. Yet, under the proposed rule, none of those conditions will apply. Oddly, the presumptive service connection rule will include anemia and Parkinson’s disease where the VA currently doesn’t provide health benefits for those conditions. Essentially the health benefits and presumptive diseases do not overlap, which seems unreasonable.

They’re hoping to implement these presumptive conditions into Law by January 2017. It should also be noted that there are no retroactive benefits when it comes to presumptive conditions. The effective date of your benefits will be when the law was enacted.  In order to obtain retroactive benefits for service connection to Camp Lejeune water contamination, you must appeal an already active claim. If you have a diagnosis for one of the eight conditions listed above and served at Camp Lejeune for no less than 30 days within the designated time period and do not have an active claim, you should apply for benefits immediately.

At Marcari, Russotto, Spencer & Balaban we’re determined to see all Camp Lejeune veterans get the benefits they deserve. Call us from anywhere in the nation at 866-866-VETS or contact our office online.

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    I was stationed at camp lejuene in 1984 while there i got very sick they said it was food poisoning I have tumors popping up everywhere and can’t use my health insurance because its military and I am having trouble getting seen by a via Dr . I will die waiting for help

    We are sorry to about that. We would be happy to discuss this with you. You can reach us directly at 866-866-8387 or visit our website.

  • Thank to Mr. Spencer I was able to get my VA disability claim re-reviewed and given another chance to receive disability. By far he is one of the most professional lawyers I have ever dealt with. So Veterans if you are looking for help with your VA disability claim I would suggest that you hire Macari, Russotto, Spencer, & Balaban. Thanks again for everything.

    — Alfred Daye

  • As a disabled veteran trying to navigate the complexities of the Veterans Administrations regulations, I turned to the law firm of Marcari, Russotto, Spencer and Balaban. They helped me understand what I needed to do and prepared and presented to the VA an excellent presentation of my case. I recommend them for your legal needs.

    — Harry Johnson

  • I was very satisfied with the excellent and professional manner the law firm handled my claim. I highly recommend any veteran who needs help with his or her claim to use Marcari, Russotto, Spencer & Balaban P.C. Special thanks to Mr Spencer for being very professional and courteous during the appeal process. Again Thanks to the entire firm for a job well done!

    — Luther Henderson

  • My husband & I highly recommend this law form to any veteran trying to navigate the endless red tape of the VA. We turned to Marcari, Russotto, Spencer & Balaban to handle my husband's appeal and could not have been happier. We enjoyed open and consistent communication regarding our case. Any questions we had were answered immediately.

    — Michele DeZayas

  • Amanda Medina-Morales was our point of contact and she kept us up to date on the progress of our case. It was a pleasure and relief knowing that someone truly competent and professional was handling this and fighting for us.

    — Michele DeZayas

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