Three Elements of a VA Disability Radiation Exposure Claim
Here we detail the three elements of a VA disability radiation exposure claim. During the early Cold War, exposure to nuclear radiation possibly affected hundreds of thousands of veterans. This danger did not end with the 1963 Limited Nuclear Test Ban Treaty. Military commanders frequently required their subordinates to live and work close to sources of dangerous radiation. Sometimes, these commanders did not take all reasonable precautions to protect the individuals who served under them.
Radiation sickness is often disabling in every sense of the word. Medically, this condition is serious. Additionally, its symptoms often preclude everyday activities. If a Veteran was exposed to radiation and that exposure limits daily activities, substantial benefits may be available.
These benefits for a 100% disability start at $3106.04/mo and can be more with dependents and Special Monthly Compensation. In many cases, monetary benefits are retroactive to the original application date. Veterans Administration benefits also include free medical care.
Step One: Exposure
The term ‘Ionized Radiation’ means Nuclear or other radiation when released into the atmosphere. In addition to Cold War testing, many Veterans may have been exposed to radiation in some of the following places:
- Japan: A major accident at the Fukushima nuclear facility in 2011 may have exposed Veterans who were stationed in the area to low levels of radiation. These levels may have been high enough to trigger a disability. In VA benefits appeals matters, “maybe” is usually sufficient to establish a case for benefits.
- LORAN Deployment: Until 2010, the U.S. Coast Guard maintained a number of Long Range Navigation stations. These installations used high voltage vacuum tubes which may have exposed people to radiation.
- McMurdo Station: From the mid 1960s to the mid 1970s, a nuclear reactor powered this station. The reactor was shut down after inspectors discovered a leak, but many Veterans may have been exposed to radiation.
Additionally, many Veterans who spent some time in military hospitals, either as staff or patients, may have been exposed to radiation. That is especially true before 1970. Back then, radiation treatments were widely used for diagnostic and treatment purposes.
Step Two: Radiogenic Disease
Not everyone who served in one of the above capacities develops radiation sickness. But a significant number of Veterans do struggle with such problems, as any amount of exposure can cause serious injury. There is a presumptive connection between radiogenic disease and military exposure in the following situations:
- Certain types of cancer,
- Also Non-Hodgkin’s Lymphoma,
- Certain types of leukemia, and
- Multiple Myeloma.
Veterans with these conditions need not independently show a service- connection. The legal presumption is enough. Other conditions may qualify as well, including:
- All types of cancer,
- Also Brain tumors,
- Parathyroid Adenoma, and
- Posterior Subcapsular Cataracts.
In these situations, the Veteran must independently establish a service- connection. Evidence on this point includes the length of exposure, the severity of the exposure, and the condition’s latency period.
Step Three: Symptom Appearance
This latency period is also relevant in the third stage. In civil law, the disease latency period usually does not matter. But in this context, stricter time deadlines apply.
Generally, the latency period cannot be more than five years. Hence, lengthy latency periods cast doubt on the service-connection element.
Team Up with Dedicated Attorneys
To obtain VA benefits, radiation exposure victims must prove three basic elements. For a free consultation with an experienced Veterans disability lawyer, contact Cameron Firm, PC at 800-861-7262. Or fill out the contact box to your right. Because we are here to represent Veterans nationwide.
This article is for educational and marketing purposes only. Subsequently, it does not create an attorney-client relationship.
