Citation Nr: 21015128
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 17-57 140
DATE: March 16, 2021

ORDER

Service connection for brachial plexus neuritis nervosa is granted.

FINDINGS OF FACT

1. The Veteran had at least 30 days (consecutive or nonconsecutive) of service at Camp Lejeune during the period beginning on August 1, 1953, and ending on December 31, 1987. 

2. The Veteran has brachial plexus neuritis nervosa due to chemical exposure during his service.

CONCLUSION OF LAW

The criteria for service connection for brachial plexus neuritis nervosa have been met. 38 U.S.C. §§ 1110, 1710; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.307, 3.309, 17.400.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served in the United States Marine Corps from September 1977 to September 1981. 

The Veteran testified before the undersigned during a virtual hearing conducted in March 2020.

The Veteran is seeking service connection for brachial plexus neuritis nervosa, asserting that it was caused by exposure to contaminated drinking water while stationed at Camp Lejeune.

The Veteran has been diagnosed as having brachial plexus neuritis nervosa.  The Veteran had at least 30 days (consecutive or nonconsecutive) of service at Camp Lejeune during the period beginning on August 1, 1953, and ending on December 31, 1987 and, thus, his exposure to contaminated drinking water is conceded. 38 C.F.R. § 3.307 (a)(7)(iii).  Here the Veteran was actually stationed at Camp Lejeune for more than 700 days.

There is evidence against and in support of the nexus element of the claim. However, at his hearing before the undersigned, the Veteran’s treating physician, Dr. G., the head of toxicology at a local hospital, testified that it was at least as likely as not (50 percent or greater probability) that his brachial plexus neuritis nervosa was the result of his chemical exposure at Camp Lejeune.  This testimony was from a medical professional who clearly had great expertise in the relevant field of medicine, and given this experience, the opinion is afforded great weight.  Simply put, in weighing the evidence for and against the claim it is difficult to envision evidence that would so undermine Dr. G.’s testimony as to take the case out of relative equipoise.  Here, the Veteran testified that he did not have any known chemical exposure after service, and the record does not suggest otherwise.  

Thus, the Board finds that the evidence is at least in equipoise, and that affording the Veteran the benefit of all doubt, that service connection for brachial plexus neuritis nervosa is granted. 

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Carole Kammel, 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.