Camp Lejeune service evidence in a VA disability claim comes down to one question: can the record prove that the veteran spent at least 30 cumulative days within the covered location during the covered period? If it can, and if the veteran has a current diagnosis on the presumptive list, the claim is structurally ready for attorney review. If it cannot, the firm has a development problem that needs to be resolved before anything is filed.
What the Presumption Requires and What It Does Not Excuse
The presumption under 38 CFR § 3.307(a)(7) has two threshold requirements. First, the veteran must have served within the borders of Marine Corps Base Camp Lejeune or Marine Corps Air Station New River, North Carolina. Second, that service must total at least 30 cumulative days during the covered period of August 1, 1953, through December 31, 1987. The days do not need to be consecutive.
38 CFR § 3.307(a)(7)[1]The regulation specifies that qualifying service must be established "by military orders or other official service department records." That phrase is the controlling standard for how evidence is evaluated. A veteran's statement alone is not sufficient to establish the location element, though it can support and contextualize official records. A third requirement sits alongside the location and duration elements: a current diagnosis of one of the eight conditions listed in 38 CFR § 3.309(f). The presumption does not attach without all three.
38 CFR § 3.309(f)[2]The regulation also specifies, consistent with 38 CFR § 3.309(f), that service connection shall be established "even though there is no record of such disease during service." That means the absence of any in-service medical treatment for the condition is not a defect in the claim. The evidentiary gap that matters is location and duration, not diagnosis during service.
The Eight Presumptive Conditions
The eight conditions listed in 38 CFR § 3.309(f) are:
- Kidney cancer
- Liver cancer
- Non-Hodgkin's lymphoma
- Adult leukemia
- Multiple myeloma
- Parkinson's disease
- Aplastic anemia and other myelodysplastic syndromes
- Bladder cancer
When screening a case record, staff should confirm that the diagnosis in the medical records matches a condition on this list before flagging the case for Camp Lejeune presumptive review. A diagnosis adjacent to a listed condition, such as a different subtype of leukemia or a different form of lymphoma, needs attorney review to determine whether it falls within the regulatory definition. That is a judgment call, not a staff-level clearance.
Reading the DD-214 and STRs for Service Location Evidence
The DD-214 is the first document to check. Block 7 on the current version shows the home of record at time of entry into service, and Block 8A shows the last duty station. Neither field reliably confirms all duty stations held during a service period. A veteran who was stationed at Camp Lejeune but whose final duty station was elsewhere will have a DD-214 that does not mention the base at all.
38 CFR § 3.203[3]Service treatment records sometimes include location information indirectly: a sick-call visit dated during the covered period with a treatment facility at Camp Lejeune, a hospitalization at Naval Hospital Camp Lejeune, or a dental record stamped with the base designation. These are worth checking during initial case review, but they are supplemental indicators rather than primary proof of service location.
The practical case-record implication: when a firm receives a C-file for a Camp Lejeune presumptive case, the first staff task is to check the DD-214 last-duty-station field and any STR headers for location data. If neither confirms Camp Lejeune or MCAS New River during the covered period with enough duration to reach 30 days, that is a record gap, and it needs to be flagged before anything moves to attorney review.
When the DD-214 Is Not Enough: Personnel Records, Orders, and Unit Diaries
When the DD-214 alone does not confirm qualifying station or duration, personnel records, military orders, morning reports, and unit diaries are the next sources to pursue. These records are held at the National Personnel Records Center (NPRC) in St. Louis and, for Marine Corps records, may also be available through Marine Corps Manpower and Reserve Affairs.
VA's duty to assist under 38 CFR § 3.159 requires VA to request verification from the service department when a claimant has not submitted qualifying evidence of service. The M21-1 Adjudication Procedures Manual specifically addresses development of Camp Lejeune claims and cross-references the process for obtaining service information to confirm qualifying service at Camp Lejeune.
38 CFR § 3.159[4] M21-1 Part VIII, Subpart iii, Ch. 8, Sec. A[5] M21-1MR Pt. III, Subpt. iii, Ch. 2, Sec. E, Topic 32[6]The duty to assist is an obligation on VA, not the firm. But a firm that identifies the gap early and requests these records proactively, rather than waiting for VA to develop them, controls the timeline. Staff can initiate an NPRC request tied to the case file. The open request should stay in the case record as a tracked task until the records arrive or the effort is documented as exhausted.
What to request at NPRC for a Camp Lejeune case:
| Record type | What it may show | Where to request |
|---|---|---|
| Military orders | Duty station assignments, temporary duty (TDY) orders, PCS orders | NPRC, St. Louis |
| Morning reports | Daily unit rosters with location | NPRC, St. Louis |
| Unit diaries (USMC) | Daily personnel accountability and location | Marine Corps Manpower and Reserve Affairs or NPRC |
| Personnel file (OMPF) | Assignment history, duty stations | NPRC, St. Louis |
When these records are partially destroyed, which is common for records damaged in the 1973 NPRC fire, the M21-1MR provides guidance on alternative means of verifying service and on evidence that may supplement or substitute for STRs.
M21-1MR Pt. III, Subpt. iii, Ch. 2, Sec. E[7]Veteran Statements and Lay Evidence as Supplemental Sources
A veteran statement describing service at Camp Lejeune can place context around official records, fill timeline gaps, and help VA identify what additional records to request. What it cannot do, standing alone, is satisfy the regulatory requirement that qualifying service be established "by military orders or other official service department records."
38 CFR § 3.307(a)(7)[1]Buddy letters have the same limitation. A statement from a fellow service member who can place the veteran at Camp Lejeune during the covered period is useful supplemental evidence, particularly when official records are incomplete or partially destroyed. But the regulatory standard points to official service department records as the primary basis.
The practical role of lay evidence in a case record is to support the official record search, not replace it. If a veteran's statement identifies a specific unit, MOS, or TDY period at Camp Lejeune, that information gives staff a starting point for the NPRC request. If a buddy letter names a unit that was stationed at Camp Lejeune during the covered period, that identifies which unit records to pursue.
When records are genuinely incomplete due to destruction or loss, the attorney decides how to frame the evidence package and whether the lay evidence, in combination with whatever official records exist, is sufficient to submit. That is not a staff-level determination.
MCAS New River: Why It Belongs in the Case Record Screen
Marine Corps Air Station New River in North Carolina is expressly within the covered location under 38 CFR § 3.307(a)(7). Service at MCAS New River during the covered period counts the same as service at Marine Corps Base Camp Lejeune itself.
38 CFR § 3.307(a)(7)[1]This matters for case screening. A veteran whose DD-214 shows MCAS New River as a duty station during the covered period satisfies the location element even if Camp Lejeune itself never appears in the record. Staff reviewing a case file should treat MCAS New River references the same as Camp Lejeune references when checking the location threshold.
Structuring the Case File Before Attorney Review
A Camp Lejeune evidence package that is ready for attorney review should contain or document the following:
- DD-214 (checked for last duty station and service dates)
- Military orders or personnel records confirming service at Camp Lejeune or MCAS New River during the covered period
- Calculated total of qualifying days within August 1, 1953, to December 31, 1987
- Medical records confirming a current diagnosis of one of the eight conditions listed in 38 CFR § 3.309(f)
- Any open record requests, with date initiated and expected source
If the record confirms location, duration, and diagnosis, the case-file status is: evidence threshold met, ready for attorney strategy review. If any of the three elements is unconfirmed, the case-file status is: gap identified, development in progress or flagged for attorney direction.
VA Public Health: Camp Lejeune[8]Staff can build this structure, document the gaps, and track open requests. The attorney decides whether a partial record is sufficient to file, which AMA lane to use, and how to position the claim if records remain incomplete at filing. Rating strategy under M21-1, Part VIII, Subpart iii, Chapter 8, Section B follows once the evidentiary record is established.
M21-1 Part VIII, Subpart iii, Ch. 8, Sec. B[9]The worst version of this workflow is discovering a location or duration gap after the claim is filed. A case file that flags the gap before attorney review keeps that discovery where it belongs: in development, not in adjudication.
CLJA Offset and the VA Claim: What Firms Need to Track
The Camp Lejeune Justice Act created a separate tort remedy in federal district court. A CLJA settlement does not affect VA disability benefit eligibility. The two tracks operate independently for eligibility purposes.
VA Camp Lejeune FAQ, Dec. 2022[10]The offset runs in the other direction. VA disability benefits the veteran has already received may reduce the amount of a CLJA settlement. The specific mechanics of how that offset is calculated and applied in a given case require attorney analysis. It is not a staff-level determination.
38 CFR § 17.400[11]For a firm handling both the VA claim and the CLJA matter, the case file should note which track is active, what VA benefits have been paid or are pending, and that an offset analysis is needed before any CLJA settlement is finalized. That flag belongs in the case record as an attorney review item, not as a staff-resolved task.
Related guides
Common questions
What records actually prove Camp Lejeune service for a VA presumptive claim?
Military orders, DD Form 214, personnel files, morning reports, and unit diaries are the primary sources. The DD-214 alone may not confirm station or duration. If it does not, personnel records and orders are the next records to request from NPRC or the relevant service branch.
Does the 30-day requirement have to be consecutive?
No. The regulation requires at least 30 cumulative days. Days do not need to be consecutive. The total must fall within the covered period of August 1, 1953, through December 31, 1987.
What happens when service records are incomplete or partially destroyed?
VA's duty to assist requires it to request verification from the service department when qualifying evidence is not submitted. Alternate sources such as buddy statements, pay records, or other official documents may supplement incomplete files under M21-1 guidance.
Does a Camp Lejeune Justice Act tort settlement affect VA disability benefits eligibility?
A CLJA settlement does not affect VA benefit eligibility, but VA benefits received may offset a CLJA settlement amount. These are separate legal tracks with different standards. The attorney should advise on how both intersect for a specific client.
What is MCAS New River and does it count for the Camp Lejeune presumption?
Marine Corps Air Station New River in North Carolina is expressly included in the covered location under 38 CFR § 3.307(a)(7). Service there during the covered period counts the same as service at Marine Corps Base Camp Lejeune itself.
Structure your Camp Lejeune case record in Pete
Attach STRs, personnel records, orders, and veteran statements to the case file so staff can surface service gaps and attorney review stays focused on strategy.
Citations
- 38 CFR § 3.307(a)(7) (38 CFR § 3.307(a)(7))
- 38 CFR § 3.309(f) (38 CFR § 3.309(f))
- 38 CFR § 3.203 (38 CFR § 3.203)
- 38 CFR § 3.159 (38 CFR § 3.159)
- M21-1, Part VIII, Subpart iii, Chapter 8, Section A (M21-1 Part VIII, Subpart iii, Ch. 8, Sec. A)
- M21-1MR, Part III, Subpart iii, Chapter 2, Section E (Topic 32) (M21-1MR Pt. III, Subpt. iii, Ch. 2, Sec. E, Topic 32)
- M21-1MR, Part III, Subpart iii, Chapter 2, Section E (M21-1MR Pt. III, Subpt. iii, Ch. 2, Sec. E)
- VA Public Health – Camp Lejeune Past Water Contamination (VA Public Health: Camp Lejeune)
- M21-1, Part VIII, Subpart iii, Chapter 8, Section B (M21-1 Part VIII, Subpart iii, Ch. 8, Sec. B)
- VA Camp Lejeune FAQ (December 2022) (VA Camp Lejeune FAQ, Dec. 2022)
- 38 CFR § 17.400 (38 CFR § 17.400)