Citation Nr: 21066871 Decision Date: 11/02/21 Archive Date: 11/02/21 DOCKET NO. 15-36 653 DATE: November 2, 2021 ORDER Entitlement to service connection for Parkinson's disease, as due to contaminated water exposure at Camp Lejeune, is granted. FINDING OF FACT The Veteran had active service at Camp Lejeune during a period of time known to be associated with contaminated water. CONCLUSION OF LAW The criteria for service connection for Parkinson's disease are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1963 to January 1966. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing conducted by the undersigned Veterans Law Judge in January 2021. At the hearing, the Veteran's motion to advance his claim on the docket was granted. 38 C.F.R. § 20.800(c). The Veteran's appeal was certified to the Board in December 2015. In May 2019, the Veteran's representative brought a Motion to Withdraw Representation of the Veteran. The representative stated that she requested to withdraw representation because the legal clinic representing the Veteran was closing its practice. The representative notified the Veteran and provided him with information on how to get new representation. After an appeal has been certified to the Board, a representative may not withdraw representation in an appeal unless a motion is made in writing that sets forth good cause and complies with the requirements found in 38 C.F.R. § 20.6. The representative's motion indicates that a copy of the motion was sent to the Veteran. There is no record to show that the Veteran filed a response to the motion and he has not appointed a new representative. In this regard, the Veteran testified at his January 2021 Board hearing without representation. Because the legal clinic is closed, the Board finds that good cause has been shown for the Motion to Withdraw Representation and the Motion is granted. Accordingly, the Veteran is unrepresented. Service connection for Parkinson's disease The Veteran was diagnosed with Parkinson's disease in 2006. Service connection is warranted for Parkinson's disease as it can be presumed to have been incurred during a period of active duty considered honorable for VA purposes. Generally, to establish service connection, a claimant must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called "nexus" requirement. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Additionally, presumptive service connection is warranted for certain diseases associated with contaminants present in the base water supply at United States Marine Corps Base Camp Lejeune, North Carolina from August 1, 1953 to December 31, 1987. 38 C.F.R. § 3.307 and 3.309. The rule establishes that veterans who served at Camp Lejeune (broadly defined as any service within the borders of the United States Marine Corps Base Camp Lejeune and Marine Corps Air Station New River, North Carolina as established by military orders or other official service department records) for no less than 30 days (either consecutive or nonconsecutive) during this period, and who have been diagnosed with any of eight associated diseases, to include Parkinson's disease, are presumed to have incurred the disease in service for purposes of entitlement to VA benefits. The Veteran's personnel records indicate he was stationed at the Marine Corp Base in Camp Lejeune in September 1963 to February 1964. The evidence supports a finding that the Veteran served for at least 30 days during an honorable period of service between 1953 and 1987 and he is presumed to have been exposed to contaminated water during that service. Accordingly, the Board finds that service connection for Parkinson's disease is warranted on a presumptive basis. M. Donohue Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E.V. Palatt, Associate 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.