Im having a good day....

[brokensoldier244th]

I just proved that a 23 yr old veteran likely had/has non-malignant parathyroid nodules and hypothyroidism due to exposure to HF radio as hull tech/damage control team for a 270 day cruise under 3.309 and 3.311. Two hours well spent. 

 

Hows your day going?

[Berta]

WOW!!!!!! we dont see much radiation exposure claims here:

Congratulations!!!!!!!!!!!!!!!!!!!!

I think sometimes neither the veteran nor their rep,if they are having a hard time getting comp , specfically for a cancer service nexus ,-have any idea that the VA does have Radiation ( a.k.a Atomic vets presumptive regulations.

This is Great Broken Soldier.

I will find some BVA cases and post here= there are many types of inservice exposed to radiation.

 

https://www.law.cornell.edu/cfr/text/38/3.309

"(d) Diseases specific to radiation-exposed veterans.

(1) The diseases listed in paragraph (d)(2) of this section shall be service-connected if they become manifest in a radiation-exposed veteran as defined in paragraph (d)(3) of this section, provided the rebuttable presumption provisions of § 3.307 of this part are also satisfied.

(2) The diseases referred to in paragraph (d)(1) of this section are the following:

(i) Leukemia (other than chronic lymphocytic leukemia).

(ii) Cancer of the thyroid.

(iii) Cancer of the breast.

(iv) Cancer of the pharynx.

(v) Cancer of the esophagus.

(vi) Cancer of the stomach.

(vii) Cancer of the small intestine.

(viii) Cancer of the pancreas.

(ix) Multiple myeloma.

(x) Lymphomas (except Hodgkin's disease).

(xi) Cancer of the bile ducts.

(xii) Cancer of the gall bladder.

(xiii) Primary liver cancer (except if cirrhosis or hepatitis B is indicated).

(xiv) Cancer of the salivary gland.

(xv) Cancer of the urinary tract.

(xvi) Bronchiolo-alveolar carcinoma.

(xvii) Cancer of the bone.

(xviii) Cancer of the brain.

(xix) Cancer of the colon.

(xx) Cancer of the lung.

(xxi) Cancer of the ovary.

Note:
For the purposes of this section, the term “urinary tract” means the kidneys, renal pelves, ureters, urinary bladder, and urethra.
(Authority: 38 U.S.C. 1112(c)(2))"
 

 

[GBArmy]

Brokensoldier244 That a boy! Great work!

[Berta]

There are a significant amount off rdiation claims at the BVA but many mny o them were denied. Here are two winners:

This recent award was to a female veteran who  Stated:

 

"At the October 2019 hearing, the Veteran reiterated the circumstances that she believed included exposure to radiation from Chernobyl radiation while stationed overseas in Germany."

 

 

:Accordingly, the evidence is at least in relative equipoise as to whether the Veteran's current breast and thyroid cancers originated during her active service. The benefit of the doubt is resolved in the Veteran's favor; service connection for breast and thyroid cancer are warranted. Gilbert v. Derwinski, 1 Vet. App. 49 (1990); 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102."

https://www.va.gov/vetapp21/files5/21029208.txt

This vet was exposed to Ionizing radiation :

" The Veteran's service treatment records (STRs) and military personnel records have been associated with the claims file. The Veteran's personnel records show that in February 12, 1960 he was assigned to Camp Hanford for "AIT" or Advanced Individual Training. This training lasted 1 month. These records also show that in March 1960 he was assigned a new duty, reflecting a change in rank after completion of AIT, at Hanford Camp. This new assignment lasted 8 months. See Record of Assignments, contained in the Military Personnel Record, associated with the claims file in July 2014. Thus, the Veteran's military personnel records show that the Veteran was at Hanford for 9 months, from February 12, 1960 until November 28, 1960. In other words, the Veteran was stationed at Hanford for more than 250 days. Additionally, the Veteran's cancer, characterized a pharyngeal cancer, is one of the cancers considered in the regulation. Accordingly, the Board finds that the Veteran participated in a radiation-risk activity pursuant to 38 C.F.R. § 3.309(d)(3)(ii)(E) due to his service at the Hanford site in Washington lasting more than 250 days and his pharyngeal cancer diagnosis. Thus, as the Veteran has been found to have participated of a "radiation-risk activity"; he is to be considered a "radiation-exposed" Veteran and his pharyngeal cancer is subject to presumptive service connection under 38 C.F.R. § 3.309(d). Accordingly, for the reasons explained above, service connection for pharyngeal cancer, to include associated residuals, on a presumptive basis is warranted, as the Veteran has been found to have participated of a radiation risk activity during service pursuant to 38 C.F.R. § 3.309(d)(3)(ii)(E). In reaching this determination, the Board has made no finding as to the current severity of the Veteran's cancer or any associated residual. However, the Board notes that the evidence of record suggests the Veteran has scars pertaining to the surgical interventions for his cancer, difficulty talking due to his surgeries, has experienced disruptions with feeding and has received his nutrition through a feeding tube due to his cancer residuals."

 

https://www.va.gov/vetapp21/files5/21029000.txt

 

These claims are very difficult to succeed in. I Here is more info from VA

https://www.va.gov/disability/eligibility/hazardous-materials-exposure/ionizing-radiation/

[brokensoldier244th]

Here is part of what I used to support it going to special routing in Jackson. What made me think of it is that I have a HAM radio and I hang around a lot with the storm spotters locally, and while their car rigs and handhelds aren't bad they always joke about their HAM shacks at home microwaving their brain. I had my HAM on today just to listen to the local repeater check in and it clicked "hey, wait a minute........."  and then I thought of that scene from the old 80s movie "The Philadelphia Experiment" where they are testing a new radar system and two of the guys disappear and are sent to the future (1984, ironically).

 

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

https://www.law.cornell.edu/cfr/text/38/3.311 

Specifically XVII "non-malignant thyroid nodular disease"

 

Edited July 15, 2021 by brokensoldier244th

[Berta]

I wonder if the VA will ever add the Fukushima  incident 

 U.S. Armed Forces Sickened After Fukushima Meltdown Get Help From Online Fundraising | HuffPost

and the Tomodachi incident involving US troops, ad well as the Fukushima incident 

Operation Tomodachi - Wikipedia

will VA  ever add them to their Radiation Risk Activity list...........

[Mr.B]

Best way to get information about exposures is go to occupational safe and health request surveys done over the years! Those reports have a lot of information! They have case files on each shop!