Radiation Help Needed

[bobbyq]

Got a VA decision denying the above and they say the following "the Defense Threat Reduction Agency (DTRA) advised the VA that they will not concede presence and that they cannot perform a dose estimate without confirmed presence at a nuclear site or at a nuclear accident." Ok so we have to prove the presence at a nuclear site which was Lakenheath AFB, England 1956 during the cold war. The vet has his 201 file and his job is loading crew member for tactical aircraft (B-66). It included according to his buddy statement the cleaning and disarming of the nuclear weapon wearing nothing but rubber gloves, and just using rags to clear out the residue from the shells. They also state that there is no evidence of record showing that you were exposed to radiation while in service. Well DUH??? What is a nuclear bomb if not nuclear and radiaion?? The question now is what can we do? We are in the process of filing an appeal but there has to be something out there that we are missing. Any idess or suggestions from the masses? Need some help here Thanks, bobby q

[Ricky]

Looks to me as though DTRA is saying we are not going to confirm nuc weapons at that location and without confirming such an issue we can not do a dose reading for if we do then we are confirming such weapons at that site. This is a catch 22 for most claims involving exposure. There are vets on the site that have fought this same issue and I am sure they will chime in. The VA statement of "no evidence of record showing that you were exposed to radiation while in service." is a standard statement for any issue in which no evidence has been submitted - do don't worry about that part for when you finally prove exposure at that location this statement will disappear. We will do some research and see if we can help out. It may take some time though but don't worry as you have 12 months to submit the NOD.

Just did a quick search and don't understand DTRA's side as such info is all over the internet.

Edited August 14, 2008 by Ricky

[Berta]

"(DTRA) advised the VA that they will not concede presence and that they cannot perform a dose estimate without confirmed presence at a nuclear site or at a nuclear accident."

Atomic or nuclear veterans -as you know-have a difficult time fulfilling the Radiogenic criteria for SC in 38 CFR 3.309.

The above statement- if that is exactly how the decision words it-hinges on "confirmed presence"

The estim,ate of the dosage is a critical part of these claims and the estimates have often been found (when VA does get them) to be very low-

Also if the disability is NOT within the list of chronic radiogenic disease (38 USC 1112) it is even more difficult to prove Service connection.

DID the VA have his buddy statement and MOS clarified when the made this decision? Did they list these items as evidence and then refer to them in the narrative?

Regulations for Radiation exposed vets were expanded in 2002 to include veterans exposed at underground testing- Amchitka Alaska,prior to Jan 1, 1974-

and also at gaseous diffusion pllants-Paducah Kentucky, Portsmouth Ohio, and at area K 25 at Oak Ridge Tennessee.

I posted other info here at hadit in the past on radiation claims and it is available under a search.

Has any doctor told this vet his diagnosis was directly or more then likely due to exposure to radiation?

[jbasser]

Try looking for a library near the base you were stationed. They may have some Newspaper reports about the issues at the Bases. It is a long shot but if you find something it cant be disputed if it public record.

[bobbyq]

"(DTRA) advised the VA that they will not concede presence and that they cannot perform a dose estimate without confirmed presence at a nuclear site or at a nuclear accident."

Atomic or nuclear veterans -as you know-have a difficult time fulfilling the Radiogenic criteria for SC in 38 CFR 3.309.

The above statement- if that is exactly how the decision words it-hinges on "confirmed presence"

The estim,ate of the dosage is a critical part of these claims and the estimates have often been found (when VA does get them) to be very low-

Also if the disability is NOT within the list of chronic radiogenic disease (38 USC 1112) it is even more difficult to prove Service connection.

DID the VA have his buddy statement and MOS clarified when the made this decision? Did they list these items as evidence and then refer to them in the narrative?

Regulations for Radiation exposed vets were expanded in 2002 to include veterans exposed at underground testing- Amchitka Alaska,prior to Jan 1, 1974-

and also at gaseous diffusion pllants-Paducah Kentucky, Portsmouth Ohio, and at area K 25 at Oak Ridge Tennessee.

I posted other info here at hadit in the past on radiation claims and it is available under a search.

Has any doctor told this vet his diagnosis was directly or more then likely due to exposure to radiation?

This claim has been on going for three years!! In the meantime the vet age 65 was screwed by the State of Arizona and sent to prison for two years. At his age and no criminal record. I thought his claim stopped and then proceeded when he got out by Jackson VA, MS came out with a decision in August of 07 and denied him. I thought that your claim stopped while incarcerated and then started when you got out. Now they tell us we have until 22 August to file a NOD. We have tons of evidence of him handling nuclear bombs, buddy statements, evidence that Lakenheath had nuclear bombs, tho the English were not aware of it at first. The only thing we apparently do not have are the REMS that the VA is asking for and the DTRA does not want to comply. I am filing the appeal but I am really stumped on what the heck to do. Fly with what we have I guess. I appreciate your input and the others. I really am LOST> Q

[Berta]

He must prove his confirmed presense at nuclear site-perhpas the evidence you mentioned can confirm this-

then he has to prove (if he can get the RAD dosages from DTRA he will also have to prove that his coronary artery disease is directed due to the exposure to radiation and he will probably need an independent medical opinion for that. The IMO doc will have to support this opinion with medical evidence and also probably expert treatises.

There are very very few radiation vets claims awarded.

The BVA web site under their decision (search under Atomic or radiation) will show how difficult they can be but also what is needed to succeed.

My neighbor was in the US occupation of Japan right after the H bomb went off.(Hiroshima)

Oddly enough he is doing pretty good for his age and has no residuals from this.But the VA almost gave him surgery he didnt even need.

If you have access to the VBM (about 130 bucks for vet advocates-the new one is coming out soon)there is more info regarding these claims.

Still they need:

1. proof of direct radiogenic or nuclear exposure

2. RAD dosage info that can only be obtained with proof of exposure when and where and

3. disability that is directly caused by or directly contributed to by the radiation dosage.(by medical evidence)

[bobbyq]

He must prove his confirmed presense at nuclear site-perhpas the evidence you mentioned can confirm this-

then he has to prove (if he can get the RAD dosages from DTRA he will also have to prove that his coronary artery disease is directed due to the exposure to radiation and he will probably need an independent medical opinion for that. The IMO doc will have to support this opinion with medical evidence and also probably expert treatises.

There are very very few radiation vets claims awarded.

The BVA web site under their decision (search under Atomic or radiation) will show how difficult they can be but also what is needed to succeed.

My neighbor was in the US occupation of Japan right after the H bomb went off.(Hiroshima)

Oddly enough he is doing pretty good for his age and has no residuals from this.But the VA almost gave him surgery he didnt even need.

If you have access to the VBM (about 130 bucks for vet advocates-the new one is coming out soon)there is more info regarding these claims.

Still they need:

1. proof of direct radiogenic or nuclear exposure

2. RAD dosage info that can only be obtained with proof of exposure when and where and

3. disability that is directly caused by or directly contributed to by the radiation dosage.(by medical evidence)

RAD #2 IS WHAT IS KILLING US. I am filing the appeal tomorrow and then I will see if I can get anything from DRTA. We have the location down, and the fact they "played" with the nukes all the time, I do need a letter from the doc but he is VA and will not stick his neck out if you know what I mean. Thanks, Q