From: PATBNAAV@aol.com
Date: Wed, 18 Jul 2001
Subject: RECA/VA rules
To: pdxavets@aracnet.com, rucon@juno.com
There seems to be some misunderstanding regarding the receipt of RECA
benefits (if and when they are released) and the receipt of VA/DIC benefits.
The straight scoop is as follows (from the Department of Justice).
VETERANS
If you are a veteran who participated onsite in atmospheric nuclear tests,
acceptance of a RECA payment will mean that YOU WILL LOSE VETERANS DISABILITY
COMPENSATION for the illness arising from your radiation exposure during the
nuclear tests you participated in. ACCEPTING THE RECA PAYMENT WILL NOT
AFFECT THE DEPENDENCY AND INDEMNITY BENEFITS AVAILABLE TO YOUR SURVIVORS
AFTER YOUR DEATH. IF YOU ACCEPT A RECA PAYMENT, YOUR SPOUSE AND/OR CHILDREN
ARE STILL ELIGIBLE TO APPLY FOR DEPENDENCY AND INDEMNITY COMPENSATION (DIC)
BENEFITS.
WIDOWS AND CHILDREN
If you are a widow or child of a veteran who participated onsite in
atmospheric nuclear tests, acceptance of a RECA payment means that YOU WILL
LOSE DEPENDENCY AND INDEMNITY COMPENSATION (DIC) BENEFITS for the illness
contracted by the veteran after radiation exposure during the onsite tests
he/she participated in. You WILL NOT lose any other VA survivors benefits
you are entitled to, including DIC benefits for other illnesses or injuries
(those NOT attributed to radiation exposure during nuclear tests) the veteran
suffered as a result of his/her military service. If you wish to retain your
eligibility to receive VA dependency and indemnity compensation (DIC)
payments for the illness attributed to radiation exposure, YOU SHOULD REJECT
THE RECA PAYMENT..
NOTE:
Veterans exposed in Nagasaki and Hiroshima are not covered under RECA
but if they have one of the presumptions under P.L. 100-321 or P.L. 102-578,
they ARE covered under those laws.
Presumptions Under
P.L. 100-321
Leukemia (except chronic lymphocytic)
Thyroid
Breast
Pharynx
Esophagus
Stomach
Small intestine
Pancreas
Multiple Myeloma
Non-Hodgkins lymphomas
Bile duct
Gall bladder
Primary liver
| RECA, P.L. 101-510
Leukemia (except chronic lymphocytic)
Thyroid
Female breast
Pharynx
Esophagus
Stomach
Small Intestine
Pancreas
Multiple Myeloma
Non-Hodgkins lymphomas
Bile duct
Gall bladder
Liver |
Presumptions Under
102-578
Salivary gland
Urinary tract
(ureters, urethra, bladder & kidney)
Bronchiolo-alveolar
| P.L. 106-245 & 106-398 (RECA)
Salivary Gland
Urinary bladder
Brain
Bone
Lung
Colon
Ovary |
PAT BROUDY
NAAV National Legislative Director