Citation Nr: 18160179 Decision Date: 12/27/18 Archive Date: 12/26/18 DOCKET NO. 15-07 068 DATE: December 27, 2018 ORDER Entitlement to service connection for bladder cancer is granted. Entitlement to service connection for chronic myeloid leukemia is granted. FINDINGS OF FACT 1. The Veteran served at Camp Lejeune, North Caroline from November 1961 to December 1961 and intermittently at U.S. Marine Corps Air Station New River, North Carolina (MCAS New River) from January 1965 to November 1981; thus, he is presumed to have been exposed to contaminated water during his active military service. 2. The Veteran is diagnosed with bladder cancer and chronic myeloid leukemia, both of which are presumed to be associated with Camp Lejeune and MCAS New River. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection for malignant neoplasms of the genitourinary system, or bladder cancer, have been met. 38 U.S.C. §§ 1110, 1113, 1131; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. 2. The criteria for entitlement to service connection for chronic myeloid leukemia have been met. 38 U.S.C. §§ 1110, 1113, 1131; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served in the United States Marine Corps from May 1961 to November 1981. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Louisville, Kentucky. Service Connection The Veteran seeks service connection for bladder cancer and chronic myeloid leukemia based on his exposure to contaminated water while serving at Camp Lejeune. Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Service connection may also be granted for disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease or injury was incurred in service. 38 C.F.R. § 3.303(d). During the pendency of this appeal, effective March 14, 2017, VA amended 38 C.F.R. §§ 3.307 and 3.309 providing a presumption of service connection for certain diseases based on exposure to contaminants in the water supply at Camp Lejeune. To qualify for presumptive service connection under these provisions, there must be evidence of: (1) a diagnosis of one of the enumerated diseases under the new provision 38 C.F.R. § 3.309(f), (including bladder cancer and adult leukemia), if manifest to a degree of 10 percent or more at any time after service; and (2) service of at least 30 days (consecutive or nonconsecutive) at U.S. Marine Corps Base Camp Lejeune (Camp Lejeune), North Carolina, during the period from August 1, 1953, and through December 31, 1987. The rulemaking applies to claims received by or pending before VA on or after March 14, 2017. See 82 Fed. Reg. 4173-4185 (Jan. 13, 2017). The Veteran’s service personnel records show that he served at Camp Lejeune from November 1961 to December 1961, and that he also had intermittent periods of service at MCAS New River from January 1965 to November 1981. As Camp Lejeune service is defined, for the purposes of 38 C.F.R. §§ 3.307 and 3.309, as any service within the borders of the entirety of the United States Marine Corps Base Camp Lejeune and MCAS New River, North Carolina, during the period beginning on August 1, 1953, and ending on December 31, 1987, it is established that the Veteran had more than 30 days of service at Camp Lejeune, and his exposure to contaminated water while serving at that location is presumed. The record also reflects that the Veteran has a diagnosis of bladder cancer, diagnosed in October 2010, and of chronic myeloid leukemia, diagnosed in 2005. See March 2011 VA examination report; April 2014 VA Camp Lejeune Subject Matter Expert Medical Opinion. Both conditions required a prolonged course of treatment, as narrated in the April 2014 VA Camp Lejeune Subject Matter Expert Medical Opinion. Therefore, these conditions are shown to have been manifested to a compensable degree after service. See 38 C.F.R. §§ 4.115(b), 4.117. (Continued on the next page)   In light of the foregoing, the Board finds that entitlement to service connection for bladder cancer and chronic myeloid leukemia is warranted because they are both diseases presumed connected to the Veteran’s exposure to contaminants in the water supply of Camp Lejeune. 38 C.F.R. § 3.312(c)(4). A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Griffin, Associate Counsel