Citation Nr: 21042354 Decision Date: 07/12/21 Archive Date: 07/12/21 DOCKET NO. 19-13 696 DATE: July 12, 2021 ORDER Recognition of the appellant as a Camp Lejeune family member is granted. FINDINGS OF FACT 1. The Veteran served on active duty in the United States Marine Corps from July 1981 to August 1992; the appellant is his former spouse. 2. The Veteran was stationed at the Marine Corps Air Station in New River, North Carolina from February 1982 to November 1984 and September 1988 to August 1992. 3. Service at Marine Corps Air Station New River, North Carolina is recognized as service at Camp Lejeune during the period from August 1, 1953 to December 31, 1987. 4. The appellant resided within the Camp Lejeune disability benefits coverage area for at least 30 days prior to December 31, 1987. CONCLUSION OF LAW Resolving reasonable doubt in the appellant favor, she meets the criteria for recognition as a "Camp Lejeune family member." 38 U.S.C. § 1787; 38 C.F.R. § 17.410(b). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the United States Marine Corps from July 1981 to August 1992. The appellant is his former spouse. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an October 2018 determination by the Department of Veterans Affairs (VA) Health Administration's Office of Community Care and Financial Services Center, Camp Lejeune Family Member Program, in Austin, Texas. In November 2020, the appellant testified at a virtual Board hearing before the undersigned Veterans Law Judge. A transcript of that hearing has been associated with the record. Entitlement to recognition of the appellant as a Camp Lejeune family member The appellant seeks to be recognized as a "Camp Lejeune family member" for the purpose of entitlement to payment or reimbursement of expenses incurred in connection with medical care for certain covered illnesses and conditions, namely breast cancer, infertility, and miscarriage. The agency of original jurisdiction (AOJ) denied her claim on the basis that she did not meet the base-residency requirement for benefits pursuant to the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012, Public Law 112-154 (the Camp Lejeune Families Act of 2012). In general, and subject to the availability of funds appropriated for such purpose, VA will provide payment or reimbursement for certain hospital care and medical services furnished to Camp Lejeune family members by non-VA health care providers. 38 U.S.C. § 1787; 38 C.F.R. § 17.410. Pertinent to this appeal, a "Camp Lejeune family member" means an individual who 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; and was married to a Camp Lejeune veteran. 38 C.F.R. § 17.410(b). The Veteran and the appellant were married on March 3, 1984 and divorced on October 8, 1993. The Veteran's service personnel records include a chronological record of his unit and organization. The chronological record demonstrates that he was stationed at Marine Corps Air Station in New River, North Carolina. VA recognizes service at Marine Corps Air Station New River as service at Camp Lejeune for the period from August 1, 1953 to December 31, 1987. See 38 C.F.R. § 3.307(a)(7)(iii). Thus, the question is whether the appellant resided on-base for at least 30 days prior to December 31, 1987. The appellant does not contend that she and the Veteran were permanent residents on the base at any time, and the information she provided clearly states that they lived off-base. However, the appellant contends that while the Veteran was training or deployed abroad, she stayed with her sisters and their families. Both of her sisters lived on-base at Camp Lejeune. Importantly, in an April 2019 letter, one of the appellant's brothers-in-law submitted a letter verifying her statements that she lived with them on Tarawa Terrace from March 1984 to September 1984 for safety reasons, as the appellant's permanent residence was remote and it was not safe for her to be there alone while the Veteran was away. The Veteran's service personnel records include a Carrier Sea Duty and Individual Deployment Record which reflects that he was away for 16 days in March 1984 for training at Fort Pickett, Virginia, and was deployed abroad on the U.S.S. Incheon from July 1984 to December 1984 for 155 days. The Board finds the appellant's lay statements and testimony, and her brother-in-law's letter, credible and probative evidence. VA regulations regarding Camp Lejeune benefits only require that a person have resided within the affected area for 30 days, consecutive or non-consecutive, between August 1, 1953 to December 31, 1987. Affording the benefit-of-the doubt to the appellant, the Board finds that it is at least as likely as not that she resided within the affected area for Camp Lejeune disability benefit coverage for at least 30 days prior to December 31, 1987. Thus, she is entitled to be recognized as a "Camp Lejeune family member" for the purpose of entitlement to payment or reimbursement of medical care for certain covered illnesses as defined in the Camp Lejeune Families Act of 2012 and the implementing regulations. To that extent, the appeal is granted. Whether the appellant is entitled to payment or reimbursement of specific medical expenses is a separate question and is not before the Board at this time. This decision entitles the appellant to consideration of such a claim, which she may pursue with the AOJ in accordance with 38 C.F.R. § 17.410, Hospital Care and Medical Services for Camp Lejeune Family Members. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Lee 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.