Widow's Request For Sc For Husband's Death

[donnieragsdale]

Trying to assist my mother-in-law.

Her husband participated in "operation crossroad" nuke tests "able and baker"

He had kidney cancer and it was removed.

Subsequently died about a year later.

Autopsy stated "multisystem failure".

Autopsy also noted that the loss of the cancerous kidney began the downward spiral that resulted in his death. It noted that everything began with his remaining kidney not being able to assume the load of the lost kidney.

He had never asked for service connection for anything from the VA. She now is unable to keep her meager house warm without family assistance.

My questions:

Isn't kidney cancer persumed service connected for atomic vets?

Did he have to be service connected for kidney cancer before he died or can the VA assign service connection subsequent to his death and provide financial assistance for his widow now if she makes the request?

Will it be a waste of time to try.

Have others gained service connection after the death of their spouse?

Your excellent advise is welcome.

[Stan n Pam]

I see that you havn't received any responses to this post - these are very good questions - and you will get help with them from the very knowledgeable folks on this board - but I think you have posted this in the wrong forum - not very many people will check this forum - I only checked it because I am still trying to find my way around - I am a newbie with lots of questions and needing lots of help - I have received so much already - I post my questions under the very first forum (VA Claims Reserarch) Veterans Affairs Claims and Benefits Research - try posting this there and see what happens

[Berta]

I responded to this twice- Jan 30- it is in claims research-where this question should be-

here is that post:

I replied to this and my post vanished -at same time I got unexpected company-last night and now I cannot find where this question was----

I believe it was regarding kidney disease causing death- claimed due to radiation exposure?

The poster said he thought the condition was presumptive-

The presumptive conditions are all found at 38 USC 1112©-38 CFR 3.309 (d)

however this list is only for veterans who participated in a radiation risk activity- such as:

occupation of Hiroshima or Nakasaki between August 6, 1945 and July 1, 1946,

or were exposed to ionized radiation while a POW in Japan

or participated in undergroud nuclear tests at Amchitka Alaska prior to Jan 1, 1974, or

service at gas diffusion plants in Paducah Kentucky at that time or

in Pormouth plants or at area K 25- Oak Ridge Tennesee.

Other situations can help an atomic veteran establish service connect-these are often very difficult claims-

a strong medical opinion of the nexus helps considerably- however the VA has to obtain a radiation estimate from the DOD to assess the nature and dosage of radiation the veteran was exposed to-

My husband, after Vietnam, was a Nuclear Power Plant operator-

his exposure was carefully documented probably many times a day- for ten years-

he had no residual disablities from all that-

Those records are most surely still with the plant and the feds-

However- it can become problematic when a vet or the VA tries to find the records of their radiation exposure sometimes- in the military-

but even when these records are found they most often contain documentations of low dosages-too low to cause potential health problems.

Also some of the risk activity of atomic vets remains classified- another problem in proving a claim like this-

I dont know where this post was yesterday-

Did this veteran have any other potential disability for possible service conected- that could have contributed to his death -or caused it-( the kidney disease)

The widow should certainly file a claim- but should raise both the radiation exposure issue as well as any other possible reason that the VA should service connect his death.

You didnt give us too much info------

but mentioned she is at very low income- if he was wartime ( just wartime service-not necessarily war service) and she has very low income, the VA will certainly give her a wartime pension- depending on all other eligibility factors-of course-

The 21-526 form will cover both the pension decision and the service connected death claim.

Radiation claims- unless within the above criteria depend on the REM dosages in service (documented) and strong medical evidence to support this exposure and the SC disablity or death.

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[Guest rickb54]

I moved the topic over and deleted the duplicate posts.

Maybe you will receive more responses now...

[Objee]

A non-presumptive ionizing radiation claim is really problematical. DTRA has been roundly criticised for faulty (read:

lowball) reconstructions. My claim was thyroid cancer due to ionizing radiation, but submitted for fallout collection

from the '61 - '62 SOVIET series of atmospheric shots. I was exposed at age 25. The "probability of causation" for

a 50 - 50 (likely as not) evaluation with 99% credibility was 5.35 Rems. At a reconstructed level of 9.527 Rems, I was

assigned a 70+% chance of SC by the VACO in D.C. Thus, a well grounded claim.

You'll play hell trying to get there. I had a totally unique situation as a "Special Projects officer." Having said that, there

ARE other ways to get there. Say another vet stationed with the claimant has been awarded IR related presumptive cancer.

If the claimant's cancer is presumptive (or an IMO saying MLTN) a claim can be made through "attribution." e.g. - If vet "A" has been awarded SC then claimant vet "B" can say that his exposure conditions were identical and therefore his claim is well grounded, too. If the cancer type/location is non-presumptive, that's another hill to be climbed.

Ralph

I responded to this twice- Jan 30- it is in claims research-where this question should be-

here is that post:

I replied to this and my post vanished -at same time I got unexpected company-last night and now I cannot find where this question was----

I believe it was regarding kidney disease causing death- claimed due to radiation exposure?

The poster said he thought the condition was presumptive-

The presumptive conditions are all found at 38 USC 1112©-38 CFR 3.309 (d)

however this list is only for veterans who participated in a radiation risk activity- such as:

occupation of Hiroshima or Nakasaki between August 6, 1945 and July 1, 1946,

or were exposed to ionized radiation while a POW in Japan

or participated in undergroud nuclear tests at Amchitka Alaska prior to Jan 1, 1974, or

service at gas diffusion plants in Paducah Kentucky at that time or

in Pormouth plants or at area K 25- Oak Ridge Tennesee.

Other situations can help an atomic veteran establish service connect-these are often very difficult claims-

a strong medical opinion of the nexus helps considerably- however the VA has to obtain a radiation estimate from the DOD to assess the nature and dosage of radiation the veteran was exposed to-

My husband, after Vietnam, was a Nuclear Power Plant operator-

his exposure was carefully documented probably many times a day- for ten years-

he had no residual disablities from all that-

Those records are most surely still with the plant and the feds-

However- it can become problematic when a vet or the VA tries to find the records of their radiation exposure sometimes- in the military-

but even when these records are found they most often contain documentations of low dosages-too low to cause potential health problems.

Also some of the risk activity of atomic vets remains classified- another problem in proving a claim like this-

I dont know where this post was yesterday-

Did this veteran have any other potential disability for possible service conected- that could have contributed to his death -or caused it-( the kidney disease)

The widow should certainly file a claim- but should raise both the radiation exposure issue as well as any other possible reason that the VA should service connect his death.

You didnt give us too much info------

but mentioned she is at very low income- if he was wartime ( just wartime service-not necessarily war service) and she has very low income, the VA will certainly give her a wartime pension- depending on all other eligibility factors-of course-

The 21-526 form will cover both the pension decision and the service connected death claim.

Radiation claims- unless within the above criteria depend on the REM dosages in service (documented) and strong medical evidence to support this exposure and the SC disablity or death.

--------------------