ORLANDO, Fla. – A Camp Lejeune veteran said his disability benefits claim has been denied by a Department of Veterans Affairs doctor for a second time.
He said he has just weeks to live.
"No veteran deserves to go through this kind of garbage, they just don't," said Donald Burpee, 59.
[WEB EXTRA: Resources for Camp Lejeune Veterans | ATSDR Camp Lejeune Studies]
Burpee is a former Marine battling kidney cancer. He is one of thousands who were exposed to toxic drinking water at Camp Lejeune between 1953 and 1987. For more background on the chemical exposure, click here.
Burpee has been battling for his benefits for more than a year and a half. He was initially denied, so he filed an appeal. Then he was diagnosed as terminal.
He said at this point, his kidney cancer has spread to his brain and liver after hitting a ureter, an adrenal gland and his lungs.
"Finally, I had heard enough, and so I got on the phone and called the high-ups," said Sen. Bill Nelson, how has been involved in Burpee's case for some time, as well as Sen. Marco Rubio and Rep. Alan Grayson. "So they assure me they are expediting that."
Burpee is hoping a final decision in his favor comes soon, because he said he's afraid he will die, never knowing if his family will be taken care of.
"You can't find anything out and it's your life," Burpee said.
"I have no patience with that," Nelson said.
Within days of Local 6's story last month, Burpee was granted a hearing at the St. Petersburg Regional Office to appeal his disability benefits denial.
"Mr. Burpee, the purpose of this hearing is for you to present testimony and argument on your behalf," said Veterans Law Judge Thomas J. Dannaher at Burpee's video conference hearing.
It took the judge nearly an entire minute to list all of the medical conditions Burpee believes are related to his time at Camp Lejeune.
"I can't breathe, I'm on oxygen 24 hours a day," said Burpee. "I can't even walk to the bathroom, I'm so out of breath when I come back. I can't even dress myself."
Often in these disability benefits cases, a decision is made after a hearing like this. But this time, the judge threw Burpee's case back to Dr. Deborah Heaney, the person who provided the medical opinion against Burpee to begin with.
The VA said Heaney is on the payroll as a subject matter expert, or SME.
The VA told Local 6 those doctors are chosen to "ensure medical opinions were completed by highly trained doctors with expertise in occupational medicine, environmental medicine and toxicology."
Heaney also has a private consulting firm in Michigan, Heaney Group PLLC. The firm's website says she's board certified in preventative and occupational medicine, but it doesn't mention her expertise in toxicology or oncology.
In her initial opinion on Burpee's case, Heaney wrote that his cancer is likely attributed to other risk factors, like hypertension, obesity and smoking.
However, Burpee testified at his hearing that there are errors in the medical information she cited. Heaney wrote that Burpee smoked four packs per day and continued smoking after his kidney was removed, which he said was not the case. He no longer smokes.
The Agency for Toxic Substances and Disease Registry told Local 6, "Smoking is a risk factor for renal cell carcinoma (or kidney cancer), but its strength as a risk factor for kidney cancer is no higher than that for trichloroethylene (TCE) and kidney cancer."
That information is also included in a study done by the International Agency for Research on Cancer and other institutions.
Burpee said while his weight has increased since he's been sick, he maintains he was not obese when he was diagnosed. He said he didn't have issues with hypertension until his kidney was removed. He said many of his health issues stem from the kidney cancer.
In the opinion, Heaney also cited studies and reports epidemiologists and other experts told Local 6 are out of date and incomplete.
For example, she mentioned a 2009 National Academy of Sciences' National Research Council report that indicates there's limited or suggestive evidence of a link between TCE exposure and kidney cancer.
However, Dr. Richard Clapp, an epidemiologist and professor at Boston University School of Public Health, said in an email, "One important development since then was the classification of trichloroethylene as a known human carcinogen by the EPA and the International Agency for Research on Cancer. The NRC report is therefore out of date on this important issue."
Heaney does not address 2014 studies from the ATSDR, which found there is a link between TCE exposure and kidney cancer.
Camp Lejeune veteran advocate Mike Partain testified that was a major sticking point at Burpee's hearing.
"The VA is well aware of these studies and the progress that has been made scientifically," said Partain. "Frankly, there is no excuse as to why they were not addressed in his decision."
That's one of the reasons why the judge had ordered Heaney to re-examine his case.
The Burpees received a phone call from a VA representative in Louisville telling them Heaney had done so and refused to reverse her opinion. Now they have the opportunity to submit a rebuttal statement and the case will get sent back to the judge for a ruling. If he finds against them, they will be able to appeal again.
That delay means more time Burpee may not have.
"There's no excuse for that when we have a veteran for any kind of delay," said Nelson. "Particularly, here's a fellow who is in the last weeks of his life."
"It's not right and something needs to be done," said Burpee.
Nelson's calls to the VA have ensured Burpee will get the hospice care he needs right away when the time comes.
Local 6 has emailed and called the VA several times to ask about Heaney's qualifications and Burpee's case, but is still waiting for answers.