From: PATBNAAV@aol.com
Date: Fri, 19 Mar 1999 17:33:32 EST
To: beclark@sprynet.com
pdxavets@aracnet.com
AtomVet@aol.com
troubler@uswest.net
Subject: Justice for Atomic Veterans
Committee on Veterans Affairs
U.S. House of Representatives
Honorable Lane Evans
Ranking Democratic Member
http://veterans.house.gov/democrats.htm
March 18, 1999
Dear Colleague:
We will be introducing the Justice for Atomic Veterans Act to provide a
presumption of service-connection for certain radiation-related illnesses
suffered by veterans who were exposed during military service to radiation.
These veterans include those who participated in atmospheric testing of a
nuclear device, who participated in the occupation of Hiroshima or Nagasaki
between August 6, 1945 and July 1, 1946 and who were interned as prisoners
of war in Japan during World War II and were therefore exposed to ionizing
radiation.
During their military service, these veterans put their lives and health at
risk. They were, in most cases, sworn to secrecy concerning the nature of
their work. They were not provided with adequate protection from radiation.
The amount of radiation to which they were exposed was not measured.
Albert "Smokey" Parrish, a veteran who served at the Nevada test site wrote
"We, the Atomic veterans, feel like an innocent man in prison for life, and
no one will listen to the facts of the case."
Under present law, veterans who engaged in radiation risk activities during
military service are entitled to a presumption of service-connection for
some illnesses, but for other illnesses must prove causation by "dose
reconstruction estimates" which many reputable scientists have found fatally
flawed. Last year, the Department of Veterans Affairs Deputy Under
Secretary for Health, Dr. Kenneth Kizer, wrote that he personally
recommended strong support for a similar bill introduced by Senator
Wellstone as a "matter of equity and fairness."
It is not the fault of these veterans that accurate records of their
exposure were not kept and maintained. Many veterans have been unable to
obtain even medical records relating to their exposure during military
service. Records have been lost. Records of radiation-related activities
were classified and not made available to the veterans seeking compensation.
According to Dr. Kizer "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."
Our atomic veterans were put in harm's way in the service of our government.
However, our government failed to collect the data and provide the follow-up
that would enable our atomic veterans to effectively pursue claims for the
harms which resulted. We agree with the statement in the 1995 final report
of the Advisory Committee on Human Radiation Experiments:
When the nation exposes servicemen and women
to hazardous substances, there is an obligation to keep appropriate records
of both the exposures and the long-term medical outcomes.
Our Nation failed to keep the records of the exposures of our atomic
veterans. They should not suffer for that neglect. Let us right the
injustices visited on our atomic veterans since the days of World War II.
Congress should enact a presumption of service-connection for illnesses
which are likely to be due to radiation risk activity.
If you would like to join me as an original co-sponsor of this bill,
please call Beth Kilker or Mary Ellen Mc Carthy of the House Committee on
Veterans' Affairs Democratic Staff at 225-9756 by the close of business on
Wednesday, March 24th.
Sincerely,
Honorable Lane Evans
Ranking Democratic Member
Pat Broudy, Legislative Advisor