Citation Nr: A21017993 Decision Date: 11/08/21 Archive Date: 11/08/21 DOCKET NO. 200519-87417 DATE: November 8, 2021 ORDER An effective date of May 28, 2010 for the award of service connection for Parkinson's disease and all secondary conditions is granted. FINDINGS OF FACT 1. The Veteran's original claim of entitlement to service connection for Parkinson's disease was received on May 28, 2010, and he has continuously prosecuted his claim since that date. 2. The evidence of record demonstrates a nexus between the Veteran's Parkinson's disease and his in-service exposure to contaminated water at Camp Lejeune. CONCLUSION OF LAW The criteria for an effective date of May 28, 2010 for the award of service connection for Parkinson's disease and all secondary conditions have been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.2500, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from October 1971 to October 1977. The record reflects that he was stationed at Camp Lejeune from January 1977 until separation from service. This matter comes before the Board of Veterans' Appeals (Board) from a September 2010 rating decision by the Agency of Original Jurisdiction (AOJ), that denied the Veteran's May 2010 claim. The Veteran filed a timely notice of disagreement (NOD). The Board ultimately granted service connection for Parkinson's disease in a July 2018 decision. A December 2018 rating decision effectuated the grant of service connection for Parkinson's disease and various associated disabilities, and assigned an effective date of March 14, 2017. The Veteran submitted a December 2019 NOD regarding the effective date assigned to the grant(s) of service connection. In response to a March 2020 statement of the case, the Veteran's attorney submitted VA Form 10182, Board Appeal, and selected direct review by the Board. The Veteran asserts that an effective date of May 28, 2010 is warranted for the grant of service connection for Parkinson's disease. See May 19, 2020 statement by Veteran's attorney. Under both the prior Legacy system and the new appellate Appeals Modernization Act (AMA) framework, the effective date for a grant of service connection is the day following the date of separation from active service or the date entitlement arose, if the claim is received within one year after separation from service. Otherwise, it is the date of receipt of claim, or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a), (b); 38 C.F.R. § 3.400(b). Effective March 14, 2017, VA amended its regulations regarding presumptive service connection, adding certain diseases associated with contaminants present in the base water supply at Camp Lejeune. The regulations provide that Veterans who served at Camp Lejeune for no less than 30 days between August 1953 and December 1987, and who have been diagnosed with an enumerated disease are presumed to have incurred or aggravated the disease in service for purposes of entitlement to VA benefits. 38 C.F.R. §§ 3.307(a)(7), 3.309(f). Parkinson's disease is one of the eight enumerated diseases. 38 C.F.R. § 3.309(f). The Board's July 2018 decision granted service connection on a presumptive basis. In effectuating the Board's grant of service connection, the AOJ assigned an effective date of March 14, 2017, the effective date of the amended regulation. However, the presumptive service connection provisions based on exposure to contaminated water at Camp Lejeune do not preclude a claimant from establishing service connection with proof of direct causation. See Combee v. Brown, 34 F.3d 1039. The Veteran argues that the record contains proof of direct causation, relating the Veteran's Parkinson's disease to his exposure to contaminated water while he was stationed at Camp Lejeune. In that regard, a January 2014 report by P.C., M.D., submitted by the Veteran's attorney in May 2014, notes that the author reviewed the record and noted that the Veteran was exposed to contaminants in the water supply at Camp Lejeune. Dr. C. indicated that one of the main contaminants found at Camp Lejeune was trichloroethylene (TCE), and cited to a body of medical literature demonstrating a nexus between TCE exposure and the development of Parkinson's disease. Dr. C. considered the Veteran's history and symptoms, and indicated that the Veteran's Parkinson's disease symptoms began as early as 2008. He opined that the Veteran's symptoms since 2008 were consistent with a diagnosis of Parkinson's disease. He indicated that, given the Veteran's lack of other significant risk factors or exposures, it was more likely than not that his exposure to TCE while stationed at Camp Lejeune was causative of his Parkinson's disease. He noted that the time frame of TCE exposure to the development of Parkinson's disease symptoms was consistent with that in the published literature. As the Veteran continuously prosecuted his original claim of entitlement to service connection, and there is persuasive evidence of a nexus between the Veteran's exposure to contaminated water at Camp Lejeune and his diagnosis of Parkinson's disease (without relying on any presumption), the Board concludes that an effective date of May 28, 2010 for the grant of service connection is warranted. The Board's review of the record reflects that a Privacy Act request was submitted by the Veteran's attorney in February 2021, requesting a December 2020 VA examination report. It appears that this request remains outstanding. However, the Board has carefully considered all arguments made by the Veteran's attorney, who has specifically argued that an effective date of May 28, 2010, the date of receipt of the Veteran's original claim for service connection, is warranted. As the Board herein grants the precise relief sought, there is no prejudice to the Veteran in the Board's disposition of this appeal. DONNIE R. HACHEY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Barone, 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.