Citation Nr: 22014202 Decision Date: 03/11/22 Archive Date: 03/11/22 DOCKET NO. 19-06 188A DATE: March 11, 2022 ORDER Entitlement to basic eligibility for the Camp Lejeune Family Member Program (CLFMP) is granted. FINDING OF FACT The appellant is the daughter of the Veteran and resided at Camp Lejeune in utero and from her birth in April 1962 to February 1963. CONCLUSION OF LAW The criteria for basic eligibility for the CLFMP have been met. 38 U.S.C. § 1787; 38 C.F.R. § 17.410(b). REASONS AND BASES FOR FINDING AND CONCLUSION Entitlement to basic eligibility for the CLFMP The Veteran had active service in the Marine Corps from July 1961 to July 1965. The appellant is his daughter and was born in April 1962. The appellant seeks 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 and conditions, namely epilepsy. She has been denied eligibility on the basis that a 30 day residency between 1953 and 1987 on base at Camp Lejeune could not be verified. In general, and subject to the availability of funds appropriated for such a 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. A "Camp Lejeune family member" is defined as an individual who resided at Camp Lejeune or was in utero while her mother 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 related to a Camp Lejeune veteran by birth, marriage, or by being a legal dependent. 38 C.F.R. § 17.410(b). The Veteran's service personnel records show that he was stationed at Camp Lejeune from November 1961 to February 1963. A birth certificate shows that the appellant was born in April 1962 and is the child of the Veteran. A February 2018 written response from the Marine Corps to a Freedom of Information Act request from the Veteran states that no occupancy records are available for the Geiger Trailer Park at Camp Lejeune. The appellant wrote in January 2019 that she lived with her parents in the Camp Geiger trailer park at Camp Lejeune. The attempts to verify this with the service department had been unsuccessful. The Veteran and his spouse (the appellant's mother) also signed the January 2019 statement. The Board finds that Veteran, his wife, and the appellant are competent to report that they were housed at Camp Geiger and finds them credible in this regard. Accordingly, the Board finds that the appellant resided with the Veteran for at least 30 days within the affected area for Camp Lejeune disability benefit coverage. Basic eligibility for the CLFMP have been met. See 38 C.F.R. § 17.410(b). Whether the Veteran 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 Veteran to consideration of such a claim, which she may pursue with the agency of original jurisdiction (AOJ) in accordance with 38 C.F.R. § 17.410, Hospital Care and Medical Services for Camp Lejeune Family Members. Michael J. Skaltsounis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Scott Shoreman, 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.