From: PATBNAAV@aol.com
Date: Sun, 11 Apr 1999 17:49:58 EDT
To: pdxavets@aracnet.com
Dear Keith
For those unfamiliar with the Radiation Exposure Compensation Act
(RECA), and also for those who are -- here's the latest:
A letter from The Torts Branch, Civil Division, U.S. Department of
Justice dated April 2, arrived yesterday with a little information. It
affects mostly the uranium miners. P.L. 101-426 and a little bit for the
rest of the radiation-affected folks (downwinders, testsite workers and
atomic veterans exposed at the test sites). But first, I will outline the
bare bones of the law as follows:
RADIATION EXPOSURE COMPENSATION ACT P.L. 101-426 AS AMENDED BY P.L. 101-510
In addition to laws enacted for the benefit of disabled veterans/widows and
administered by the Department of Veterans Affairs (VA), i.e., P.L.98-542
(the radiogenic law), and P.L.s 100-321 and 102-578 (presumptive laws), an
addditional law administered by the Department of Justice (DOJ), P.L. 101-426
(RECA) was enacted in 1990. This was a compensation program for uranium
miners and downwinders. Subsequently, an amendment to that law, P.L. 101-510
was enacted benefiting onsite participants, testsite workers and atomic
veterans physically present in an area affected by atmospheric nuclear tests
for specified periods from 1951 through 1962. Note: "Specified periods" does
not include any tests before 1951, or exposures in Japan.
Those cancers are leukemia (other than chronic lymphocytic leukemia) provided
that initial exposure occurred after the age of 20 and the onset of the
disease was between two and 30 years of first exposure, and the following
diseases, provided onset was at least five years after first exposure:
multiple myeloma, non-Hodgkins lymphomas and primary cancer of the thyroid
(provided initial exposure occurred by the age of 20), female breast
(provided initial exposure occurred prior to age 40), esophagus (provided low
alcohol consumption and not a heavy smoker), stomach (provided initial
exposure occurred before age 30), pharynx (provided not a heavy smoker),
small intestine, pancreas (provided not a heavy smoker and low coffee
consumption), bile ducts, gall bladder, or liver (except if cirrhosis or
hepatitis B is indicated).
Benefits provided under the Act for any onsite test participants including
atomic veterans/widows is a lump sum of $75,000 which would be offset by
the amount of any payment made pursuant to a final award or settlement on a
claim (other than a claim for workers's compensation), against any person of
any payment by the Federal Government, that is based on injuries incurred by
the claimant for which his/her claim under the Act was submitted. If any
such award, (Social Security disability, for instance, children and spouses),
settlement of Federal payment was made, the Assistant Director shall
calculate the present value of such payments, and subtract the present value
from the payment to be made under the Act.
The blue claims forms should be requested from the Department of Justice,
P.O. Box 146, Ben Franklin Station, Washington DC 20044-0l46, (800) 729-RECP.
You should be aware that any acceptance of the lump sum benefit precludes
you from ever obtaining benefits under the Department of Veterans Affairs
public laws; with this exception: If a veteran applies for and receives the
$75,000 lump sum benefit under RECA and then dies, his widow can apply for
and receive benefits under P.L. 100-321 since both laws contain the same 13
cancers (P.L. 100-321, however, does not have the offset provisions of RECA).
The letter received from the DOJ deals mainly with the uranium miners;
however, they did throw us a bone. "The definition of "non-smoker" has been
modified to include individuals who formerly smoked, but who stopped smoking
at least 15 years prior to the diagnosis of a compensable disease." For
atomic veterans this includes esophagus, pharynx and pancreas. In addition,
if you have been denied prior to the implementation of these regulations you
may file another three times. These regulations will apply to all pending
RECA claims
I inquired if this meant that atomic veterans would now be compensated for
lung problems. The answer was a resounding NO, it only applies (for lung
problems) to the uranium miners. The regulations were printed in the March
22 Federal Register.
P.L. 101-426 repealed the "Warner Amendment" in the last paragraph. However,
it was re-enacted (as the "Atomic Testing Liability Act," 42 U.S.C. Sec. 2210
by sections 3140 and 3141 of Public Law 101-510.
PAT BROUDY
Legislative Advisor