Atomic Veterans: VA Claims for Radiation and Asbestos Exposure During Above-Ground Nuclear Tests

Between 1945 and 1962, the U.S. military performed nearly 200 above-ground nuclear tests, involving approximately 400,000 service members from the Army, Navy, and Marine Corps. At the time, the risks of radiation exposure were not fully recognized, and many service members were unaware that they were being exposed or that it could pose serious long-term health consequences.

Years after service, atomic veterans developed serious illnesses, including various cancers, and sought help and compensation from the VA for radiation exposure. But most claims were denied because the government maintained that there was no exposure to unsafe radiation levels. Many of these service members were present as:

• witnesses
• support personnel
• cleanup crews

In the 1970s and 1980s, atomic veterans began speaking out about their experiences, and Congress passed a law that provided compensation, but only for certain cancers:

• lung
• bone
• skin

The efforts of atomic veterans eventually resulted in the formation of the Advisory Committee on Human Radiation Experiments to examine these cases and existing radiation research. The committee concluded that many veterans and civilians had been exposed without their knowledge or informed consent.

Atomic Veterans' Health Risks and Mesothelioma Cases

A 1996 study of the Institute of Medicine reviewed the radiation dose of veterans who were in above-ground nuclear weapons tests between 1945 and 1962 and received some radiation exposure, exponentially expanding their health risks.

It's notable that many of them were serving in the U.S. Navy at that time and were working on Navy ships that contained asbestos. The study followed these veterans for many years to see whether they died from mesothelioma, and concluded the following findings:

• Mesothelioma deaths were significantly higher among former service members, with 56% more than in the general population.
• Mesothelioma cases increased almost exclusively in Navy personnel - including those stationed at the Pacific Proving Grounds - with the highest rates observed among enlisted sailors in shipboard jobs.
• Navy veterans had more than double the mesothelioma mortality compared to civilians.
• Six-fold increase in certain shipboard occupations: boiler technicians, machinist's mates, pipefitters, firemen.

Correlated results showed that mesothelioma deaths among atomic veterans were not due to radiation exposure from nuclear testing in the first place. They were better explained by asbestos exposure aboard Navy ships built before the 1980s. Additionally, other military branches such as the Army, Air Force, and Marine Corps did not show increased mesothelioma mortality among their veterans. Moreover, Navy personnel with low or no asbestos exposure had only small, non-significant increases in mesothelioma deaths.

However, mesothelioma is not automatically listed as a presumptive condition on the VA's official presumptive disease list. That means the VA does not automatically assume mesothelioma was caused by service for all veterans. They can receive VA disability benefits for this illness if they meet the service-connection requirements:

• must have a current diagnosis of mesothelioma
• must prove that mesothelioma is related to military service

Upon establishing these elements, the VA will assign a 100% disability rating for mesothelioma because of its severity.

Presumptive Conditions for Ionizing Radiation Accepted by the VA

In 1995, after President Clinton's formal apology to atomic veterans and all those affected by U.S. nuclear testing, acknowledgement of harm became public. It was a significant moment for veterans and their families, validating their experiences and sacrifices.

The U.S. government's admission that many service members were exposed to radiation during atmospheric nuclear testing and that they were not always fully informed of the risks triggered responses. But, despite this recognition, many atomic veterans and their families still face limited awareness and understanding of the health risks they experienced. Consequently, the VA recognizes certain diseases as presumptive conditions related to ionizing radiation, making it easier for affected veterans to receive disability benefits, especially with the following cancers:

• bile duct
• bone
• brain
• breast
• colon
• esophageal
• gallbladder
• liver
• lung
• pancreatic
• pharyngeal
• ovarian
• salivary gland
• small intestine
• stomach
• thyroid
• urinary tract

Other qualifying conditions include severe illnesses such as:

• leukemia (except chronic lymphocytic leukemia)
• lymphomas (except Hodgkin's disease)
• multiple myeloma

Also, the VA recognizes that the following illnesses may be caused by radiation exposure during atmospheric nuclear testing:

• various cancers
• non-malignant thyroid nodular disease
• parathyroid adenoma
• posterior subcapsular cataracts
• brain and central nervous system tumors

It's important to note that even though these diseases are acknowledged as potentially radiation-related, qualifying for disability compensation or survivor benefits is evaluated on a case-by-case basis. In the eligibility process, the VA considers factors such as:

• radiation type and dose
• timing of the illness onset

Furthermore, the VA may also evaluate conditions not listed above if valid medical or scientific evidence indicates a connection to radiation exposure. To qualify for compensation, the VA must determine that it is "at least as likely as not" that the condition resulted from radiation exposure during military service.

Also important: in VA radiation exposure claims, the VA does not rely only on the veteran to provide records. However, even if the institution actively requests relevant documents, the veteran must still provide enough information to identify and locate the records. For claims involving atmospheric nuclear test participation, the VA requests dose data directly from the DoD in all cases about:

• radiation dose estimates
• exposure records
• test participation data

What Veterans Need to Do in All Other Radiation Exposure Claims

For radiation exposure claims unrelated to atmospheric testing, the VA will seek any available records documenting the veteran's exposure, including:

• DD Form 1141 (Record of Occupational Exposure to Ionizing Radiation)
• service medical records
• other records showing radiation exposure or dose

These records are all sent to the Under Secretary for Health, who is responsible for preparing a dose estimate, if possible. Moreover, veterans still must provide enough identifying information so those records can be located. For speeding up the claims process, former service members should:

• provide accurate service dates and locations
• identify nuclear test participation or radiation work
• deliver any copies of records they already have
• list any units, ships, or duty stations where exposure may have occurred

Proof of Participation and Exposure: How NTPR Records Apply to VA Benefits

Generally, VA claims require evidence that veterans were exposed to radiation during service. The NTPR fact sheets provide official confirmation of a former service member's participation in nuclear testing. These documents also offer details about where and when the veteran was exposed, and the types of activities the service member was involved in. These are also proof of service connection, as they show the illness is related to service.

NTPR fact sheets can also provide estimated radiation dose levels and an explanation of how exposure was assessed. Dose estimates are especially helpful when the veteran does not have personal radiation monitoring records (like DD Form 1141). Given that many veterans lack records about their participation in nuclear tests, the NTPR fact sheets may be essential in supporting evidence for the claim. They include historical research and documentation that can:

• validate service records
• prove exposure timeline
• show evidence of exposure

How NTPR Records Help Families of Deceased Veterans

When a veteran has passed away, NTPR records still have value because they confirm exposure history even when personal records are missing. It also provides evidence for survivors' benefits claims and helps families understand the veteran's service-related exposure. Given that survivors may not have access to all of the veteran's service records, this documentation becomes especially important.

Compensation and Benefits for Survivors of Veterans Exposed to Radiation

If the veteran suffers from or has passed away from an illness linked to military radiation exposure. surviving family members (spouses, dependent children, and parents) may qualify for various VA compensation and health care benefits, including:

• monthly payments
• health coverage
• federal lump sum pay

We Provide Assistance With Filing Compensation Claims

Developing illnesses from in-service radiation exposure became a dire reality for many of the 400,000 servicemen of the Army, Navy, and Marine Corps, who were involved in nearly 200 above-ground nuclear tests from 1945 to 1962. If you or a loved one participated in above-ground nuclear testing and is now facing health issues related to radiation or asbestos exposure, don't wait to explore your options.

Furthermore, veterans exposed to asbestos during service from WWII to the 1980s may be eligible for compensation through the VA and asbestos trust funds. Even though the VA benefits system can be complex, you don't have to navigate it alone. A toxic exposure attorney can be of great help in filing your claim. We can assist you with contacting legal specialists ready to gather the right evidence and pursue the compensation and care you deserve.