VA Claims for Veterans Exposed to Radiation

On August 6, 1945, the United States ushered in the nuclear age by dropping an atomic device on the city of Hiroshima in Japan. Three days later, a second atomic bomb devastated the city of Nagasaki. These exhibitions of nuclear might had the desired effect: the Empire of Japan promptly surrendered unconditionally, ending World War II. Yet, the nuclear genie would not go back into the bottle. America’s adversaries coveted nuclear weaponry, and the US Department of Defense dedicated its resources to developing an overwhelming deterrent force, so that nuclear weapons would never again be used in war.

Unfortunately, the research and development for American nuclear weaponry exposed US armed forces personnel to high levels of radiation, which over time inflicted terrible diseases with disability and loss of life. In recognition of the connection between in-service radiation exposure and numerous diseases, the Veterans Administration provides a range of benefits for eligible veterans, including disability compensation, healthcare, and survivors’ benefits. If you or a veteran you love has suffered due to service-related radiation exposure, we hope this article answers some of your questions about benefits and the application and appeals processes.

Service-Related Exposure to Radiation: Presumptive Cases and Causes for Concern

The US military concedes that many service members have been exposed to radiation. These service members are loosely referred to as the Atomic Veterans. In the most likely cases, the VA has granted a presumption that if a veteran served in a certain place, at or for a certain time, they were exposed. This presumption relieves them of the burden of proving exposure and dosage for a qualifying condition. Situations that carry a presumption of exposure include:

• Enewetak Atoll — From 1948 to 1958, the U.S. conducted 43 nuclear tests at Enewetak Atoll. For service members who participated in the cleanup of the site from January 1, 1977, through December 31, 1980, the VA presumes exposure to radiation.

• Palomares, Spain — On January 17, 1966, a US Air Force B-52 bomber and KC-135 tanker aircraft collided over Palomares, Spain. Two nuclear weapons released plutonium when they hit the ground without detonating. Service members who participated in the cleanup from January 17, 1966, through March 31, 1967, are presumed to have been exposed to airborne dust and debris contaminated with plutonium.

• Thule Air Force Base, Greenland — A fire aboard an Air Force B-52 bomber carrying nuclear weapons is presumed to have caused exposure for service members present from January 21, 1968, to September 25, 1968.

• Hiroshima and Nagasaki — Risk activities include participation in nuclear weapons testing and the American occupation, as well as being held as prisoners of war near these cities.

• Nuclear weapons tests — Veterans can qualify for a presumption if they were present for atmospheric nuclear weapons tests conducted primarily in Nevada and the Pacific Ocean between 1945 and 1962; present at Nevada Test Site for at least 250 days from Jan. 1, 1963, through Dec. 31, 1992; or present for underground nuclear weapons testing at Amchitka Island, Alaska before Jan. 1, 1974.

• Gaseous diffusion plant — Service for at least 250 days before Feb. 1, 1992, at Paducah, Kentucky; Portsmouth, Ohio; or K25 in Oak Ridge, Tennessee rates a presumption.

The following are acknowledged “radiation-risk activities” that do not carry a presumption, so they require evidence of exposure to radiation in dangerous doses:

• Fukushima nuclear accident — Service members may have been exposed to low doses of radiation in Japan from March 12 to May 11, 2011, following a nuclear accident on March 11, 2011.

• Chernobyl — On April 26, 1986, a nuclear accident and subsequent fire released radioactive material into the environment for about 10 days.

• LORAN radiation — U.S. Coast Guard Veterans who worked at Long Range Navigation stations from 1942 to 2010 may have been exposed to X-ray radiation from high-voltage vacuum tubes.

• McMurdo Station — From 1964 to 1973, the U.S. Navy operated a small nuclear plant at McMurdo Station, Antarctica. The plant was decommissioned after a leak was discovered.

Other activities with potential risk of radiation exposure include:

• Occupational exposure — Certain in-service occupations, such as nuclear weapons technicians and dental technicians, carry risks.

• Depleted uranium exposure — Service members struck by tank armor shrapnel or certain bullets treated with depleted uranium.

• Recipients of nasopharyngeal radium irradiation treatments — Such treatments were common from 1940 to the mid-1960s to prevent ear damage from pressure changes for pilots, submariners, divers, and others.

• Recipients of radiation therapy — Patients who received ionizing radiation to treat disease, most commonly cancer.

Veterans whose service included activities with potential risks of exposure (non-presumptive) must ascertain the extent of their exposure to apply for benefits.

Diseases the VA Associates with Ionizing Radiation Exposure

If a veteran participated in a radiation-risk activity during service, the VA will attribute certain cancers, labeled “presumptive diseases,” to the exposure. These illnesses include:

• Cancers of the bile ducts, bone, brain, breast, colon, esophagus, gall bladder, kidney, primary-site liver, lung, pancreas, pharynx, ovary, salivary gland, small intestine, stomach, thyroid, and urinary tract.
• Leukemia (except chronic lymphocytic leukemia)
• Lymphomas (except Hodgkin’s disease)
• Multiple myeloma

The VA recognizes that exposure to ionizing radiation during service possibly causes these illnesses:

• All cancers
• Non-malignant thyroid nodular disease
• Parathyroid adenoma
• Posterior subcapsular cataracts
• Tumors of the brain and central nervous system

The VA requires medical or scientific evidence that service-related radiation exposure is at least as likely as not to have caused an illness to obtain benefits for illnesses “possibly caused” by exposure.

Qualifying for VA Disability Benefits for Radiation Exposure

The easiest path for veterans wishing to claim benefits is to match a period of presumptive activity with a presumptive condition. To do so, they must meet three requirements:

• Service in one or more high-risk events or settings that tags them as one of the Atomic Veterans
• Diagnosis of a disease the VA presumes was caused by exposure to ionizing radiation
• Manifestation of the disease within a certain post-exposure period. (This requirement varies according to the latency period of the specific disease.)

For example, a veteran who participated in the cleaning of Enewetak Atoll (presumptive exposure activity) developed bone cancer (presumptive illness) within 30 years of service (inside latency period).

For veterans who were likely exposed and who developed conditions that are possibly caused by ionizing radiation, there are evidence requirements. For this, the VA relies on records of radiation exposure or accounts describing duty-related exposure in the applicant’s military records. The VA contacts the US Department of Defense to confirm eligibility:

• Defense Threat Reduction Agency — This office confirms Atomic Veterans’ participation in U.S. atmospheric nuclear tests from 1945 to 1962. DTRA also keeps records of radiation doses at LORAN stations.

• Nuclear Test Personnel Review — This program contains records of the occupation forces of Hiroshima and Nagasaki, Japan.

• Operation Tomodachi Registry — This record contains individual dose information for veterans exposed to radiation at Fukushima.

Unfortunately, sparse records and a high proof standard have left too many veterans out in the cold.

A Sad Legacy for Many Atomic Veterans

Despite legislation authorizing benefits for Atomic Veterans, the application acceptance rate has been abysmal. According to a 2023 report by NBC News, the VA had rejected 86 percent of claims at the time of their reporting. From data obtained by NBC News, the network determined that the VA denied more than 3,500 of roughly 4,100 radiation-related claims it processed from Aug. 10, 2022, to Aug. 10, 2023.

Kenneth Brownell, 66, “was one of the first soldiers sent to clean up Enewetak Atoll islands in the Pacific Ocean, where the U.S. conducted 43 nuclear tests from 1948 to 1958.” He told NBC News he believes the VA is “waiting for us to die.” Given the advancing ages of veterans who should be eligible and the mortal risks of the covered diseases, Brownell’s suspicions are not unreasonable.

However, a more likely culprit is the high bar for proof of exposure in many cases. Unless an Atomic Veteran is suffering from one of the presumptive conditions, he must provide expert medical reviews and organ-specific radiation dose assessments through the Defense Department’s Defense Threat Reduction Agency. Rep. Dina Titus, D-Nev., an atomic historian, has called that standard “virtually impossible” to meet.

Overcoming Obstacles to Your VA Benefits

The radiation-induced diseases cited above are disabling and life-threatening. Veterans with these conditions need access to the benefits our country promised them. If you are having trouble accessing disability, compensation, or survivor benefits, do not give up the fight. Immediately contact a VA disability rights attorney with a strong record of success in cases like yours. Gang & Associates is ready to fight for the benefits you deserve.