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VA RIN: 2900-AP66 Publication ID: Fall 2016 
Title: Diseases Associated With Exposure to Contaminants in the Water Supply at Camp Lejeune 

The Department of Veterans Affairs (VA) has proposed to amend its adjudication regulations relating to presumptive service connection to add 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. The chemical compounds involved have been associated by various scientific organizations with the development of certain diseases. The proposed rule would establish that veterans, former reservists, and former National Guard members, who served at Camp Lejeune during this period, and who have been diagnosed with any of nine associated diseases, are presumed to have a service-connected disability for purposes of entitlement to VA benefits. In addition, VA would establish a presumption that these individuals were disabled during the relevant period of service, thus establishing active military service for benefit 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 and later develop certain diseases. VA plans to finalize this proposal after considering public comments.

Agency: Department of Veterans Affairs(VA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 38 CFR 3.307    38 CFR 3.309   
Legal Authority: 38 U.S.C. 501(a)   
Legal Deadline:  None

Statement of Need:

VA is responding to health concerns based on potentially service-connected exposure to contaminants in the drinking water at Camp Lejeune.  Environmental Protection Agency standards came out in the early 1980s.  In 1982, the Marine Corps discovered elevated levels of the VOCs in two of the eight on-base water supply systems at Camp Lejeune.  These water systems served housing, administrative, and recreational facilities, as well as the base hospital.

Summary of the Legal Basis:

38 U.S.C. 501(a)


Anticipated Costs and Benefits:


Action Date FR Cite
NPRM  09/09/2016  81 FR 62419   
NPRM Comment Period End  10/11/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Eric Mandle
Policy Analyst, Regulations Staff (211D)
Department of Veterans Affairs
Veterans Benefits Administration, 810 Vermont Avenue NW.,
Washington, DC 20420
Phone:202 461-9694