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washingtonscene Camp Lejeune T


and VA Benefits Proposed rule for VA benefits related to water contamination announced.


he VA has proposed a rule that would grant disability compensation to veterans suffer-


ing from conditions caused by exposure to contaminated water in Camp Lejeune, N.C., between Aug. 1, 1953, and Dec. 31, 1987. For several years, MOAA has urged


the VA to take this action, and we are gratified it’s finally being done. The proposed regulation would pre- sume the following conditions were caused by contaminated water exposure for people who served there:  kidney cancer,  liver cancer,  Non-Hodgkin’s lymphoma,  adult leukemia,  multiple myeloma,  Parkinson’s disease,  aplastic anemia and other myelodys- plastic syndromes, and  bladder cancer.


Once this rule is finalized, veterans


who were at Camp Lejeune for at least 30 days (consecutively or nonconsecu- tively) between Aug. 1, 1953, and Dec. 31, 1987, and who have been diagnosed with one or more of these conditions may re- ceive presumptive service connection for their disability. Veterans must file a VA disability claim to receive the benefits. This proposed rule is separate from and in addition to previous legislation that granted health care entitlement to veterans and their family members who suffered from disabling conditions fol- lowing exposure to Camp Lejeune’s con- taminated water. Previous laws only provided health


care, while the new proposed rule provides 38 MILITARY OFFICER NOVEMBER 2016


monetary benefits in the form of VA dis- ability compensation to the veteran. By law, the VA must allow 30 days for submission of comments to its pro- posed rule before taking further action to implement it. That period closed Oct. 11. The VA is required to respond to comments before implementing the final rule, so it still will be several months be- fore the new regulation goes into effect. Fortunately, the new rule will be ap- plied to any claims pending before the VA on the date it takes effect. MOAA Director of National Guard,


Reserve, and Veterans Benefits Lt. Col. (select) Aniela Szymanski, USMCR, said MOAA will submit comments. “The problem that I see with the pro- posed rule is that it has no retroactive effect,” said Szymanski. “Since at least 2012, it was clear that Congress intended for these veterans to be cared for. Just because it took the VA three years to get around to reviewing the scientific evi- dence and four years to finally publish a rule granting presumptive service con- nection doesn’t mean the veteran should be the one to carry the years of that finan- cial burden. It would be great to see this benefit be made retroactive at least to the date of the Camp Lejeune Act of 2012.” If you have questions about whether


you can and should file a VA disability claim, email vso@moaa.org. If you would like to provide your thoughts on the pro- posed rule, email legis@moaa.org.


MO


— Contributors are Col. Steve Strobridge, USAF (Ret), vice president; Col. Dan Merry, USAF (Ret), director; Cmdr. René Campos, USN (Ret); Col. Mike Barron, USA (Ret); Capt. Kathy Beasley, USN (Ret); Brooke Goldberg; Col. Phil Odom, USAF (Ret); Lt. Col. (select) Aniela Szy- manski, USMCR; Jamie Naughton; and Trina Fitzgerald, MOAA’s Government Relations De- partment. Visit www.moaa.org/email to sign up for legislative-news updates.


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