Citation Nr: 21076416 Decision Date: 12/23/21 Archive Date: 12/23/21 DOCKET NO. 16-17 957 DATE: December 23, 2021 ORDER Eligibility for the Camp Lejeune Family Member Program is granted. FINDINGS OF FACT 1. The Veteran was stationed at Camp Lejeune, North Carolina from March 1970 to August 1972. 2. The Appellant was married to the Veteran in August 1971 and resided at Camp Lejeune for at least 30 days thereafter. CONCLUSION OF LAW The criteria for eligibility for payment or reimbursement for certain hospital care and medical services furnished to Camp Lejeune family members by non-Department of Veterans Affairs (VA) medical providers have been met. 38 U.S.C. §§ 1710, 1787; 38 C.F.R. §§ 17.400, 17.410. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the United States Marine Corps from July 1967 to August 1972. The Appellant is his former spouse. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an Agency of Original Jurisdiction (AOJ) decisional letter issued by the Department of Veterans Affairs (VA). The Appellant was scheduled for a hearing before the Board in November 2021, but did not report, request a postponement, or provide good cause for not appearing at the hearing. Accordingly, the appeal will proceed as though the hearing request was withdrawn. See 38 C.F.R. § 20.704(d). The Appellant seeks to be recognized as a Camp Lejeune family member to establish eligibility for payment or reimbursement of certain hospital care and medical services furnished by non-VA medical providers for the covered condition of female infertility. 38 U.S.C. § 1787; 38 C.F.R. § 17.410; see May 2015 Camp Lejeune Family Member Program Treating Physician Report. There is no dispute that the Veteran met the definition of a Camp Lejeune veteran. 38 C.F.R. § 17.400(b) (defining a Camp Lejeune veteran as a veteran who was stationed at Camp Lejeune while on active duty for at least 30 days between August 1, 1953, and December 31, 1987). His service personnel records reflect that he was stationed at Camp Lejeune from March 1970 until his discharge from service in August 1972. Rather, this appeal turns on whether the Appellant meets the definition of a Camp Lejeune family member. 38 C.F.R. § 17.410(b). The record reflects that the Appellant was married to the Veteran on August 3, 1971. 38 C.F.R. § 17.410(b)(ii)(B); see August 1971 Certificate of Marriage. Therefore, this appeal turns on whether the Appellant meets the residency requirements of a Camp Lejeune family member. 38 C.F.R. § 17.410(b)(i) (the individual must have 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). The Appellant contends that she lived in base housing at Camp Lejeune with another military couple around October 1971 to March 1972. In support, R.J. submitted a letter verifying that she lived with the Appellant in base housing from August 1971 to November 1971; she detailed that she specifically recalled the time because the Appellant helped her while she was pregnant. The Appellant's sister, cousin, and brother also submitted letters reporting that the Appellant lived in base housing on those dates and indicating that she corresponded with them regularly from the base housing address. The Appellant's sister stated that she visited the Appellant at the Camp Lejeune address in October 1971. The Board finds the lay statements credible, probative evidence. There is nothing of record in conflict with the above. The Board resolves all reasonable doubt in favor of a finding that the Appellant resided at Camp Lejeune for at least 30 days after she married the Veteran in August 1971. As such, she meets the definition of a Camp Lejeune family member. 38 C.F.R. § 17.410(b). The Board notes that whether the Appellant is entitled to payment or reimbursement of specific medical expenses is a separate question that is not before the Board at this time. Eligibility for the Camp Lejeune Family Member Program is granted. DONNIE R. HACHEY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Odya-Weis 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.