Resolution No. 613

 

 

 

 

PRESUMPTION OF SERVICE CONNECTION FOR

 

RADIATION RELATED DISABILITIES

 

 

 

WHEREAS, Congress enacted Public Law 98-542 the Veterans Dioxin and Radiation

Exposure Compensation Standards Act out of concern that deserving veterans

were not receiving compensation for disabilities related to dioxin and

radiation exposure; and

 

WHEREAS, VA issued regulations now listed under Title 38 Code of Federal

Regulations section 3.311 that include special procedures for determining

service connection for diseases recognized as radiogenic; and

 

WHEREAS, out of thousands of claims considered under these procedures, only a

negligible number have been allowed; and

 

WHEREAS, despite scientific recognition that the diseases, identified in 38

C.F.R. § 3.311, may be induced by ionizing radiation, VA almost invariably

denies veterans’ claims for service connection of such diseases because of a

need to recreate the actual radiation exposure; and

 

WHEREAS, legislation is therefore needed to create a statutory presumption of

service connection for these radiogenic diseases; now, therefore

 

 

 

BE IT RESOLVED, by the Veterans of Foreign Wars of the United States, that we

urge Congress to enact legislation which provides for a statutory presumption

of service connection of the radiation-related disabilities to include lung

cancer, bone cancer, skin cancer, colon cancer, posterior subcapsular

cataracts, nonmalignant thyroid nodular disease, ovarian cancer, parathyroid

adenoma, tumors of the brain and central nervous system, and rectal cancer.

 

 

 

"When the way comes to an end, then change - having changed, you pass through."

      I. Ching

 

 Bruce "Doc". Melson

http://www.docmelson.com/

http://www.docmelson.com/MedicsPlace/index.htm