Citation Nr: 18146432 Decision Date: 10/31/18 Archive Date: 10/31/18 DOCKET NO. 16-11 429A DATE: October 31, 2018 ORDER Recognition of the appellant as a Camp Lejeune family member is granted. FINDINGS OF FACT 1. The Veteran served on active duty from May 1987 to May 1991, February to April 2002, and September 2004 to March 2005; the appellant is his former spouse. 2. The Veteran was stationed at Camp Lejeune from May 1987 to May 1991. 3. The appellant resided within the Camp Lejeune disability benefits coverage area for at least 30 days prior to December 31, 1987. CONCLUSION OF LAW The appellant meets the criteria for recognition as a “Camp Lejeune family member.” 38 U.S.C. § 1787 (2012); 38 C.F.R. § 17.410 (b) (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSION The appellant, the Veteran’s former spouse, seeks to be recognized as a “Camp Lejeune family member” for the purpose of entitlement to payment or reimbursement of medical care for certain covered illnesses and conditions, namely non-Hodgkin’s lymphoma. The claim was denied on the basis that she did not meet the base-residency requirement for benefits pursuant to the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, Public Law 112-154 (the Camp Lejeune Families Act of 2012). In general, and subject to the availability of funds appropriated for such a purpose, VA will provide payment or reimbursement for certain hospital care and medical services furnished to Camp Lejeune family members by non-VA health care providers. 38 U.S.C. § 1787 (2012); 38 C.F.R. § 17.410 (2018). Pertinent to this appeal, a “Camp Lejeune family member” means an individual who resided at Camp Lejeune for at least 30 (consecutive or nonconsecutive) days during the period beginning on August 1, 1953, and ending on December 31, 1987; and was married to a Camp Lejeune veteran. 38 C.F.R. § 17.410(b) (2018). The Veteran and the appellant were married on August 1, 1987 and divorced in February 1994. A Line of Duty investigation memorandum dated in April 2016 states that the Veteran was stationed at Camp Lejeune from May 1987 to May 1991. Thus, the question is whether the appellant resided on the base for at least 30 days prior to December 31, 1987. The appellant does not contend that she and the Veteran were permanent residents on the base at any time, and the timeline she provided clearly states that they lived in a trailer and then an apartment off-base in Jacksonville, North Carolina between August 1987 and December 1987. However, the appellant contends that the Veteran was in training during that period and so she would stay with the wife of another service member in their apartment in Tarawa Terrace while he was away. Tarawa Terrace is in the area covered pursuant to the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, Public Law 112-154. https://www.publichealth.va.gov/images/camp-lejeune-map.jpg. The Veteran’s service personnel records reflect that he was in Machine Gunner training (MOS 0331) for eight weeks beginning in October 1987 at Camp Lejeune. A June 2015 statement by TC who stated that the appellant lived on base in 1987 is not probative as the statement also stated that the Veteran was overseas and that the appellant lived on base during the years 1987 to 1991. As he was not overseas in 1987 and the statement includes the years after 1987, the statement is not credible with regard to the appellant’s living arrangements from August 1987 through December 1987. However, in a March 2104 statement, the Veteran provided a statement corroborating the appellant’s assertions that she stayed with a friend in Tarawa Terrace while he was in training. Moreover, while the Board is unclear why he would have been away for training that was taking place at Camp Lejeune, the Board does not find it improbable that he also would not return home from training every night. VA regulations regarding Camp Lejeune benefits only require that a person have resided within the affected area for 30 days, consecutive or non-consecutive, prior to December 31, 1987. Affording the benefit of the doubt to the appellant, it is at least as likely as not that the appellant resided within the affected area for Camp Lejeune disability benefit coverage for at least 30 days prior to December 31, 1987. Thus, she is entitled to be recognized as a “Camp Lejeune family member” for the purpose of entitlement to payment or reimbursement of medical care for certain covered illnesses as defined in the Camp Lejeune Families Act of 2012 and the implementing regulations. Whether the veteran is entitled to payment or reimbursement of specific medical expenses is a separate question and is not before the Board at this time. This decision entitles the appellant to consideration of such a claim, which she may pursue with the agency of original jurisdiction (AOJ) in accordance with 38 C.F.R. § 17.410, Hospital Care and Medical Services for Camp Lejeune Family Members. L. HOWELL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. M. Schaefer, Counsel