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MPsgt

Increased Compensation For Atomic Veterans

Question

What can be done to increase an Atomic Veterans SC for radiation exposure from 80% to 100%? This is time sensitive due to the Veterans age. I believe they low balled the Vet and the VA never stated entitlement to the lump sum payment of $75,000. Any guidance would be greatly appreciated. They have already increased it from 10% to 80% due to worsening.

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When was the 80% award made and did he appeal that?

These are the presumptives for Ioniozing radiation exposure:

http://www.publichealth.va.gov/exposures/radiation/diseases.asp

These are the “radiation risk” definitions for Atomic vets or ionizing radiation exposed vets:

http://www.publichealth.va.gov/exposures/radiation/radiation-risk-activity.asp

“What can be done to increase an Atomic Veterans SC for radiation exposure from 80% to 100%? “

What presumptives does he have and what are the ratings for them,if there are more then one

SC disability?

If there is only one disability that he gets SC comp for, he would need medical evidence that this disability has gotten worse (or that any other presumptive due to the ionizing exposure has gotten worse.

You could check the Diagnostic codes VA used for his last decision to see (by checking with the VA Schedule of Ratings here at hadit) to see what ratings his current condition falls into.

These claims are difficult to succeed in so I am glad he already has the Atomic vet status.

“The VA never stated entitlement to the lump sum payment of $75,000.”

Did he apply through the RECA program or through NAAV:

http://www.naav.com/assets/A-Vet-Claims-Pack.pdf

Here is some RECA info:

http://www.angelfire.com/tx/atomicveteran/

This is not a VA based program.

Unfortunately this BVA decision regarding a widow of an Atomic vet indicates that the RECA payment she received has been properly deducted from her DIC.

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp10/Files1/1002668.txt

Did the VA make any statement to this veteran that any receipt of the RECA $75,000 would be offset against his VA compensation?

I dont have the RECA regulations but based on that BVA decision above I think RECA is recouped from any SC compensation for the same radiation disability.

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PS I just googled RECA lawyers and there were many on the net.......

They would know better then me whether he could receive both VA comp and the RECA cash,or apply for RECA and receive that ,then have the VA recoup it from his future comp.

I hope others chime in here as well as this is an important question.

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PS I just googled RECA lawyers and there were many on the net.......

They would know better then me whether he could receive both VA comp and the RECA cash,or apply for RECA and receive that ,then have the VA recoup it from his future comp.

I hope others chime in here as well as this is an important question.

Berta,

The claimant was in operation UPSHOT-KNOTHOLE @ Nevada Proving Grounds March 17th - June 4th, 1953. He has had extensive surgeries all about the upper body due to radiation poisoning. The claimant has alzheimer's and his wife has dementia. Their son is caring for them. However, the Veteran and his wife live together without the son or third party assistance. My understanding to this point is that he is 80% SC for radiation testing only. He also has kidney/renal failure. The son through POA asked for A & A approximately 18 months ago without a decision. I don't think he meets the criteria for A & A with his parents still living on their own. His wife isn't receiving anything for dependents. They never appealed the 80% decision. Therefore, should I ask for an increase to 100% with spouse dependent. The Veteran hasn't been deemed incompetent. I'm afraid if they deemed him incompetent. The son would struggle with the VA over the handling of the Veterans financial affairs. Any guidance would be appreciated.

Edited by MPsgt

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the veteran can file for TDIU. A claim for TDIU is an re-evaluation of the SC disability. If there is not enough to get the veteran to 100% scheduler, then they will look at the TDIU. However, with the claim for A/A pending, submitting an additional claim now will only impede the pending claim.

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Found out today the VARO never received the Veterans paperwork for the A & A 18 months ago. Which may turn out to be a good thing. I'm going to get the Veteran and his spouse to have doctors complete VA Form 21-2680 for A & A. I will also get the Veterans son to request an IMO from the VA doctors, on behalf of the Veteran. Stating that due to the severity of the Veterans Service Connected disabilities. The Veteran is unable to work. Either way he'll have a request in the works. Please opine?

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