Important Message from Pat Broudy
Legislative Director for NAAV.

From: PATBNAAV@aol.com
Date: Tue, 11 Aug 1998
To: pdxavets@aracnet.com
Subject: Smoking Gun

Dear Keith

Sorry I've been so dilatory in responding to your messages. I've been really busy as you will see in our newsletter (if it ever gets mailed, but that's another story)--

The really important stuff is this:

1. Sen. Wellstone's S.1385 bill was the subject of a Sen.Vets. Affairs hearing of April 21. I was present and submitted a written statement, which I'll try to email to you later. The markup of that bill, amongst others, was June 28. It was whittled down to three cancers: lung, brain and CNS tumors, and ovarian (?).

2. Although this was rather disheartening, my computer was smoking because of my emails to all the senators on that committee. In the meantime, one of the speakers of the April 21 hearing was Kenneth Kizer, MD, MPH, the Undersecretary for Health of the VA.

3. On that same day, the 21st, Dr. Kizer, although he had testified on behalf of the VA and against the Wellstone bill, went back to his office and wrote a memo to the Secretary of the VA, Togo West. I copied it for the newsletter, and I will try with this email to send it to you. It speaks for itself. Sen. Wellstone's office received it several weeks ago, although it was dated the 21st of April. Someone anonymously faxed it to Wellstone. That is the smoking gun.

4. Also, for your information, the Brookhaven National Laboratories have been trying for several years to get funding from the DSWA to do urine bioassays on the atomic veterans. Please believe me when I tell you this will not work after this many years, mainly because most of the plutonium 239 (which is what they are trying to test) was inhaled as a fine, less than 5 micron oxide, and of course is then retained in the lung and lymph system for many, many years. The only way it can filter down to the intestines, is if it is coughed up and swallowed, and then it may show in the feces, not the urine. This is straight scoop as you will see from the note at the end of the enclosure, from our scientific adviser, Jay Brady.

Hope you can use this. It's very important that our members see this information.

One more piece of good news:

Congressman Lane Evans has introduced a companion bill to Wellstone's, in the House Veterans Affairs. It is No. H.R. 4368. It is imperative that all your readers write immediately to their elected representatives to vote for H.R. 4368 in the House, and S.1385 in the Senate.

DEPARTMENT OF VETERANS AFFAIRS MEMORANDUM

Date: April 21, 1998
From: Under Secretary for Health
Subj: Request for Reconsideration of the Department’s Position
on S. 1385 (Wellstone) To: Secretary

1. I request that you reconsider the Department’s position on S. 1385 (Wellstone), which would add a number of conditions as presumptive service-connected conditions for atomic veterans to those already prescribed by law. I only learned that the Department was opposing this measure last night on reading the Department’s prepared testimony for today’s hearing; I had no input into that testimony. Indeed, my views on this bill have not been obtained. I would strongly support this bill as a matter of equity and fairness.

2. I do not think the Department’s current opposition to S. 1385 is defensible in view of the Administration’s position on presumed service-connection for Gulf War veterans, as well as its position on Agent Orange and Vietnam veterans.

3. While the scientific methodology that is the basis for adjudicating radiation exposure cases may be sound, the problem is that the exposure cannot be reliably determined for many individuals, and it never will be able to be determined in my judgment. Thus, no matter how good the method is, if the input is not valid then the determination will be suspect.

4. I ask that we formally reconsider and change the Department position on S. 1385. I feel the proper and prudent position for the Department is to support S. 1385.

/s/ Kenneth W. Kizer, M.D., M.P.H.

Editor’s Note (Pat Broudy):

The above Memorandum was received in Senator Paul Wellstone’s office on the 25th of July. It was FAXed to me on that date and I then FAXed it, with a cover page, to all the Senators on the Senate Veterans Affairs Committee, and also to Congressman Bob Stump, Chair of the House Veterans Affairs Committee. In that message I requested their support and co-sponsorship of Sen. Wellstone’s S.1385. It is scheduled for mark-up tomorrow, the 28th. In a telephone conversation today (the 27th) I was told by an individual in the VA that the Secretary had not changed his position on S. 1385 and still opposed it. This means we have to work all the harder.

In a conversation with Congressman Lane Evans office, I was told he would be submitting a draft of a companion bill but some of the illnesses in S.1385 might be eliminated. I was told to call back right before Labor Day for more information.

It seems the House Veterans Affairs (at least Congressman Lane Evans’ office) is as disenchanted with our "dose reconstructions" accomplished by DSWA’s contractor, Science Applications International Corporation, as we are. However, they’ve been sucked in by Brookhaven National Laboratories (BNL) pie-in-the-sky promise of positive bioassay assessment by urine analysis. It seems they (BNL) have had an ongoing battle with DSWA over funding, but have now received the go-ahead from the DOD, very reluctantly, I might add. We must now convince Congressman Lane Evans office that this is as phony as SAIC’s method of waving the magic wand over a computer to obtain radiation doses.

In trying to convince a staffer of the idiocy of the urinalyses I asked, "How do the widows figure in this great new method of determining dose?" After a very pregnant pause she replied, "I guess they’ll have to use the old method." Come on--lady. Didn’t you just tell me you didn’t trust SAIC’s method?

In my frustration I made a phone call to William Brady, NAAV, Scientific Adviser . His assessment of this issue follows.

Pat Broudy
Legislative Director
National Association of Atomic Veterans


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