Citation Nr: 20009901 Decision Date: 02/06/20 Archive Date: 02/05/20 DOCKET NO. 19-30 648 DATE: February 6, 2020 REMANDED Entitlement to service connection for prostate cancer to include as due to herbicide exposure and contaminated water at Camp Lejeune is remanded. REASONS FOR REMAND The Veteran had active service from November 1958 to May 1973. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Service connection for prostate cancer is remanded The Veteran contends that he has prostate cancer that is related to his service, to include as due to herbicide exposure and contaminated water during service at Camp Lejeune. In pertinent part, the Board notes that the Veteran’s service personnel records document his service at Camp Lejeune, North Carolina. Moreover, the current medical evidence of record documents treatment for prostate cancer. See, e.g., a private treatment record dated June 2018 from Dr. R.M. VA has acknowledged that persons residing or working at the U.S. Marine Corps Base Camp Lejeune from August 1953 through December 1987 were potentially exposed to drinking water contaminated with volatile organic compounds (VOCs). See Veterans Benefits Administration (VBA) Fast Letter 11-03 (last updated January 28, 2013). In the early 1980s, it was discovered that two on-base water-supply systems were contaminated with the VOCs trichloroethylene (TCE), a metal degreaser, and perchloroethylene (PCE), a dry cleaning agent. Benzene, vinyl chloride (VC), and other VOCs were also found to be contaminating the water-supply systems. See VBA Training Letter 11-03 (Revised) (November 29, 2011) (citing the National Academy of Sciences’ (NAS)’s National Research Council (NRC)’s report, “Contaminated Water Supplies at Camp Lejeune, Assessing Potential Health Effects”). Until scientific evidence shows otherwise, it will be assumed by VA that any given Veteran-claimant who served at Camp Lejeune was potentially exposed in some manner to the full range of chemicals known to have contaminated the water there between 1957 and 1987. Id., at p. 6. National Academy of Sciences’ National Research Council has listed fourteen diseases into the category of limited/suggestive evidence of an association with the contaminating water-supply system at Camp Lejeune. Effective March 14, 2017, VA has amended 38 C.F.R. §§ 3.307 and 3.309 to established presumptive service connection for eight of those identified diseases when a service member has served at Camp Lejeune for no less than 30 days (either consecutive or nonconsecutive) between 1957 and 1987. However, prostate cancer is not one of those listed diseases. Notwithstanding, entitlement to service connection can still be pursued on a direct basis. Combee v. Brown, 34 F.3d 1039, 1043-1044 (Fed.Cir.1994). The Board notes that Dr. R.M. opined in a June 2018 private treatment record that the Veteran’s prostate cancer could be related to exposure to contaminated water during service at Camp Lejeune. However, the Court of Appeals for Veterans Claims (Court) has held that medical evidence which is speculative, general, or inconclusive in nature cannot support a claim. See Jones v. Shinseki, 23 Vet. App. 382, 390 (2010); Beausoleil v. Brown, 8 Vet. App. 459, 463 (1996); Libertine v. Brown, 9 Vet. App. 521, 523 (1996). As such, Dr. R.M.’s opinion is of no probative value. There is no other medical opinion of record as to a relationship between the Veteran’s prostate cancer and exposure to contaminated water during service at Camp Lejeune. In light of the foregoing, the Board finds that an opinion for such should be obtained on remand. The matter is REMANDED for the following action: 1. Provide the Veteran with a VA examination to determine the etiology of his prostate cancer. Any indicated tests and studies should be performed. The claims folder must be reviewed by the examiner in conjunction with the examination. Based on the review and examination, the examiner is asked to render an opinion as to whether it is at least as likely as not (i.e. probability of 50 percent or greater) that the Veteran’s diagnosed prostate cancer first manifested during active service, to include exposure to contaminants during his service in Camp Lejeune, North Carolina. (Continued on the next page)   The examiner should indicate in his/her report that the claims file was reviewed. The examiner is asked to explain the reasons behind any opinions expressed and conclusions reached. 2. Then, readjudicate the issue on appeal. If the benefit sought on appeal is not granted to the Veteran’s satisfaction, provide the Veteran and his representative with a supplemental statement of the case and afford them the requisite opportunity to respond. CHRISTOPHER HOUBECK Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Arif Syed, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.