Acknowledgments:

Thanks to Larry Marshall for this information. 

If you have any questions please contact Larry Marshall e-mail addresses:
vze1scj3 [j.marshall50@verizon.net] ----OR----
Donna Marshall [daughterrad@hotmail.com]

Hi.

This is Larry Marshall. The Oakland, Helena, Toledo each sunk a crossroads target vessel at Kwajalein Atoll April 19 1948. During this time there was going 
on at Enewetak Atoll Operation Sandstone. Sandstone was April - May 1948.There was three detonations XRAY, YOKE, ZEBRA. The detonation dates were April 15, May 1, & May 15. Because the Oakland sunk the target ship during an atmospheric nuclear testing period it performed an official duty during an atmospheric nuclear testing period. Because of this the men were classified as nuclear test participants. This makes the men eligible for compensation if they qualify. My father in law was on the Helena. He passed 1996 with colon cancer. My mother in law receives DIC from the V.A. DIC is a survivors benefit. Colon cancer is a presumptive primary cancer.

I am trying to remember if I gave you the phone number for the DEFENSE THREAT REDUCTION AGENCY NUCLEAR TEST PERSONNEL REVIEW. The number is 1-800-462-3683.

Atomic Veterans Complaint

§3.311  Claims based on exposure to ionizing radiation.

 (a) Determinations of exposure and dose:

  (1) Dose assessment. In all claims in which it is established that a radiogenic disease first became manifest after service and was not manifest to a 
compensable degree within any applicable presumptive period as specified in §3.307 or §3.309, and it is contended the disease is a result of exposure to 
ionizing radiation in service, an assessment will be made as to the size and nature of the radiation dose or doses. When dose estimates provided pursuant to paragraph (a)(2) of this section are reported as a range of doses to which a 
veteran may have been exposed, exposure at the highest level of the dose range reported will be presumed.  (Authority: 38 U.S.C. 501(a))

  (2) Request for dose information. Where necessary pursuant to paragraph (a)(1) of this section, dose information will be requested as follows:

   (i) Atmospheric nuclear weapons test participation claims. In claims based upon participation in atmospheric nuclear testing, dose data will in all cases be 
requested from the appropriate office of the Department of Defense.

   (ii) Hiroshima and Nagasaki occupation claims. In all claims based on participation in the American occupation of Hiroshima or Nagasaki, Japan, prior 
to July 1, 1946, dose data will be requested from the Department of Defense.

   (iii) Other exposure claims. In all other claims involving radiation exposure, a request will be made for any available records concerning the veteran’s exposure to radiation. These records normally include but may not be limited to the veteran’s Record of Occupational Exposure to Ionizing Radiation (DD Form 1141), if maintained, service medical records, and other records which may contain information pertaining to the veteran’s radiation dose in service. All such records will be forwarded to the Under Secretary for Health, who will be responsible for preparation of a dose estimate, to the extent feasible, based on available methodologies.

  (3) Referral to independent expert. When necessary to reconcile a material difference between an estimate of dose, from a credible source, submitted by or on behalf of a claimant, and dose data derived from official military records, the estimates and supporting documentation shall be referred to an independent expert, selected by the Director of the National Institutes of Health, who shall prepare a separate radiation dose estimate for consideration in adjudication of the claim. For purposes of this paragraph:

   (i) The difference between the claimant’s estimate and dose data derived from official military records shall ordinarily be considered material if one estimate is at least double the other estimate.

   (ii) A dose estimate shall be considered from a “credible source” if prepared by a person or persons certified by an appropriate professional body in the field of health physics, nuclear medicine or radiology and if based on analysis of the facts and circumstances of the particular claim.

  (4) Exposure. In cases described in paragraph (a)(2)(i) and (ii) of this section:

   (i) If military records do not establish presence at or absence from a site at which exposure to radiation is claimed to have occurred, the veteran’s presence at the site will be conceded.

   (ii) Neither the veteran nor the veteran’s survivors may be required to produce evidence substantiating exposure if the information in the veteran’s service 
records or other records maintained by the Department of Defense is consistent with the claim that the veteran was present where and when the claimed exposure occurred.

 (b) Initial review of claims. 

  (1) When it is determined:

   (i) A veteran was exposed to ionizing radiation as a result of participation in the atmospheric testing of nuclear weapons, the occupation of Hiroshima or 
Nagasaki, Japan from September 1945 until July 1946 or other activities as claimed;

   (ii) The veteran subsequently developed a radiogenic disease; and

   (iii) Such disease first became manifest within the period specified in paragraph (b)(5) of this section; before its adjudication the claim will be referred to the Under Secretary for Benefits for further consideration in accordance with paragraph (c) of this section. If any of the foregoing 3 requirements has not been met, it shall not be determined that a disease has resulted from exposure to ionizing radiation under such circumstances. 

  (2) For purposes of this section the term “radiogenic disease” means a disease that may be induced by ionizing radiation and shall include the following:

   (i) All forms of leukemia except chronic lymphatic (lymphocytic) leukemia;
   (ii) Thyroid cancer;
   (iii) Breast cancer;
   (iv) Lung cancer;
   (v) Bone cancer;
   (vi) Liver cancer;
   (vii) Skin cancer;
(viii) Esophageal cancer; 
(ix) Stomach cancer; 
(x) Colon cancer; 
(xi) Pancreatic cancer; 
(xii) Kidney cancer; 
(xiii) Urinary bladder cancer; 
(xiv) Salivary gland cancer; 
(xv) Multiple myeloma;
(xvi) Posterior subcapsular cataracts;
(xvii) Non-malignant thyroid nodular disease;
(xviii) Ovarian cancer; 
(xix) Parathyroid adenoma; 
(xx) Tumors of the brain and central nervous system;
(xxi) Cancer of the rectum;
(xxii) Lymphomas other than Hodgkin’s disease;
(xxiii) Prostate cancer; and
(xxiv) Any other cancer. 
(Authority: 38 U.S.C. 501(a))

(3) Public Law 98-542 requires VA to determine whether sound medical and scientific evidence supports establishing a rule identifying polycythemia vera as a radiogenic disease. VA has determined that sound medical and scientific evidence does not support including polycythemia vera on the list of known radiogenic diseases in this regulation. Even so, VA will consider a claim based on the assertion that polycythemia vera is a radiogenic disease under the provisions of paragraph (b)(4) of this section.  (Authority: Pub. L. 98-542, section 
5(b)(2)(A)(i), (iii)).

(4) If a claim is based on a disease other than one of those listed in paragraph (b)(2) of this section, VA shall nevertheless consider the claim under the provisions of this section provided that the claimant has cited or submitted competent scientific or medical evidence that the claimed condition is a radiogenic disease.

  (5) For the purposes of paragraph (b)(1) of this section:

   (i) Bone cancer must become manifest within 30 years after exposure;

   (ii) Leukemia may become manifest at any time after exposure;

   (iii) Posterior subcapsular cataracts must become manifest 6 months or more after exposure; and

   (iv) Other diseases specified in paragraph (b)(2) of this section must become manifest 5 years or more after exposure.  (Authority: 38 U.S.C. 501(a); Pub. L. 98-542)

 (c) Review by Under Secretary for Benefits. 

  (1) When a claim is forwarded for review pursuant to paragraph (b)(1) of this section, the Under Secretary for Benefits shall consider the claim with reference 
to the factors specified in paragraph (e) of this section and may request an advisory medical opinion from the Under Secretary for Health.

   (i) If after such consideration the Under Secretary for Benefits is convinced sound scientific and medical evidence supports the conclusion it is at least as 
likely as not the veteran’s disease resulted from exposure to radiation in service, the Under Secretary for Benefits shall so inform the regional office of jurisdiction in writing. The Under Secretary for Benefits shall set forth the rationale for this conclusion, including an evaluation of the claim under the applicable factors specified in paragraph (e) of this section.

   (ii) If the Under Secretary for Benefits determines there is no reasonable possibility that the veteran’s disease resulted from radiation exposure in service 
the Under Secretary for Benefits shall so inform the regional office of jurisdiction  in writing, setting forth the rationale for this conclusion.

  (2) If the Under Secretary for Benefits, after considering any opinion of the Under Secretary for Health, is unable to conclude whether it is at least as likely as not or that there is no reasonable possibility, the veteran’s disease resulted from radiation exposure in service, the Under Secretary for Benefits shall refer the matter to an outside consultant in accordance with paragraph (d) of this section.

  (3) For purposes of paragraph (c)(1) of this section, “sound scientific evidence” means observations, findings, or conclusions which are statistically and epidemiologically valid, are statistically significant, are capable of replication, and withstand peer review, and “sound medical evidence” means observations, findings, or conclusions which are consistent with current medical knowledge and are so reasonable and logical as to serve as the basis of management of a medical condition.

 (d) Referral to outside consultants.

   (1) Referrals pursuant to paragraph (c) of this section shall be to consultants selected by the Under Secretary for Health from outside VA, upon the recommendation of the Director of the National Cancer Institute. The consultant will be asked to evaluate the claim and provide an opinion as to the likelihood the disease is a result of exposure as claimed.

  (2) The request for opinion shall be in writing and shall include a description of:

   (i) The disease, including the specific cell type and stage, if known, and when the disease first became manifest;
   (ii) The circumstances, including date, of the veteran’s exposure;
   (iii) The veteran’s age, gender, and pertinent family history;
   (iv) The veteran’s history of exposure to known carcinogens, occupationally or otherwise;
   (v) Evidence of any other effects radiation exposure may have had on the veteran; and
   (vi) Any other information relevant to determination of causation of the veteran’s disease.

The Under Secretary for Benefits shall forward, with the request, copies of pertinent medical records and, where available, dose assessments from official sources, from credible sources as defined in paragraph (a)(3)(ii) of this section, and from an independent expert pursuant to paragraph (a)(3) of this section.

  (3) The consultant shall evaluate the claim under the factors specified in paragraph (e) of this section and respond in writing, stating whether it is either likely, unlikely, or approximately as likely as not the veteran’s disease resulted from exposure to ionizing radiation in service. The response shall set forth the rationale for the consultant’s conclusion, including the consultant’s evaluation under the applicable factors specified in paragraph (e) of this section. The Under Secretary for Benefits shall review the consultant’s response and transmit it with any comments to the regional office of jurisdiction for use in adjudication of the claim.

 (e) Factors for consideration. Factors to be considered in determining whether a veteran’s disease resulted from exposure to ionizing radiation in service include:

  (1) The probable dose, in terms of dose type, rate and duration as a factor in inducing the disease, taking into account any known limitations in the dosimetry devices employed in its measurement or the methodologies employed in its estimation;

  (2) The relative sensitivity of the involved tissue to induction, by ionizing radiation, of the specific pathology;

  (3) The veteran’s gender and pertinent family history;

  (4) The veteran’s age at time of exposure;

  (5) The time-lapse between exposure and onset of the disease; and

  (6) The extent to which exposure to radiation, or other carcinogens, outside of service may have contributed to development of the disease.

 (f) Adjudication of claim. The determination of service connection will be made under the generally applicable provisions of this part, giving due consideration to all evidence of record, including any opinion provided by the Under Secretary for Health or an outside consultant, and to the evaluations published pursuant to 
§1.17 of this title. With regard to any issue material to consideration of a claim, the provisions of §3.102 of this title apply.

 (g) Willful misconduct and supervening cause. In no case will service connection be established if the disease is due to the veteran’s own willful misconduct, or if there is affirmative evidence to establish that a supervening, nonservice-related condition or event is more likely the cause of the disease.

 [50 FR 34458, Aug. 26, 1985, as amended at 54 FR 42803, Oct. 18, 1989; 58 FR 16358, Mar. 26, 1993; redesignated at 59 FR 5107, Feb. 3, 1994; 59 FR 45975, Sept. 6, 1994; 60 FR 9628, Feb. 21, 1995; 60 FR 53277, Oct. 13, 1995; 63 FR 50994, Sept. 24, 1998; 67 FR 6871, Feb. 14, 2002]

 Supplement Highlights references:  7(1), 10(1), 13(1), 14(7), 18(4), 34(1), 50(3).

CINCINNATI --Jack R. Howard, a pioneer in the broadcast industry and heir to one of the great names in American newspapering, died Sunday, March 22, at 7:15 a.m. in his New York City home. He was 87. The cause of death was pulmonary failure. Howard's journalism career spanned 48 years from work as a summer copy aide in 1928 to retirement in 1976 as president and general editorial manager of The E.W. Scripps Company."Jack was determined to put his imprint on the company and he did it in the broadcasting area," said William R. Burleigh, president and chief executive officer of The E.W. Scripps Company. "What we see today in our broadcasting division is the Jack Howard legacy to Scripps Howard." Added Lawrence A. Leser, chairman of the board for The E.W. Scripps company, "His biggest attribute was creating Scripps Howard Broadcasting. He put us into radio and later television." Jack was the son of the legendary Roy W. Howard, who built United Press into a worldwide wire service and through his association with E.W. Scripps became the "Howard" in the Scripps Howard concern. Born Aug. 31, 1910 in his parents' house on Upper Broadway in Manhattan, N.Y., he was named Jack because that had been his father's nickname as a young man. JRH seemed destined to live a life in the 
public eye. His mother, Margaret Rohe Howard, had been a writer of verse, a reporter and an actress on Broadway and the London stage. His aunt, Alice Rohe, was an internationally distinguished reporter. He attended the Phillips Exeter Academy, where he served as business manager of The Exonian, the school newspaper, and coxswain for the crew team. In 1928, he joined United Press to cover the Olympics in Amsterdam, working his passage there by waiting on tables in the steerage class of the Liner SS Levithan. He then attended Yale University and worked for the Yale Daily News until he earned his degree in 1932. Upon graduation, Jack Howard began his newspaper career. He worked as a reporter and copy editor on the Japan Advertiser in Tokyo and the Shanghai Evening Post in China. He also worked as a reporter for UP in Manchuria. He returned to the United States and joined the Scripps Howard newspaper group as a copy editor 
on The Indianapolis Times. After a stint as a courthouse reporter, he moved to Washington, D.C., and The Washington Daily News, where he rose from police reporter to telegraph editor. Curiously, for an individual who was to have such influence on journalism, this mid-level slot was his highest position on the editorial side of newspapers. And it was here Howard's career began to diverge from the prescribed path. "His one obsession," his father said of Jack, "is not to be Roy Howard, Jr." The elder Howard was uninterested, even hostile to, the burgeoning new field of radio. The young Howard, showing a certain stubbornness and independence, was fascinated. In 1935, Scripps Howard bought its first radio station, WCPO in Cincinnati; in 1936, Howard left Washington to go to work for the company's second radio station, KNOX in Knoxville, Tenn. There, Howard set out to learn the radio business from the ground up.In 1937, Howard moved to New York to become president of the two-station operation that, under his aegis, would eventually grow into a division that now includes nine television stations. TV station KJRH in Tulsa carries Jack Howard's initials. Although preoccupied with broadcast, Howard did one lasting favor for the company's newspaper division in particular and journalism in general. In 1940, Roy Howard was determined to close a faltering Denver newspaper. Jack Howard intervened to reverse that decision and remade the paper as a tabloid. Today, the Rocky Mountain News is Greater Denver's most-read newspaper and one of the largest dailies in the country."The tabloid-sized newspaper in Denver was a genius move," said Burleigh. " Jack Howard was the author of the tabloid Rocky Mountain News." Howard served in the Navy during World War II, spending much of his time in Australia. Later, as a lieutenant and intelligence officer aboard the destroyer USS Fletcher for eight months, he saw action in and around the Philippines, including the landings at Leyte and Lingayen Gulf. He was part of a task force that was instrumental in the capture of an island in the Tokyo Bay 
area, for which he received a naval citation. Later, he was transferred to the USS Oakland for what would have been the invasion of the Japanese mainland. In 1945, after the surrender, he took part in the occupation of Yokosuka Naval 
Base. Howard retired from the navy as a Lieutenant Commander and returned to civilian life in 1946. That year, Howard was elected executive vice president of The E.W. Scripps Company, the holding company for the newspaper, broadcast and syndication subsidiaries and UP. In 1953, Jack succeeded his father, Roy W., as president, a position he held until his retirement in 1976. He helped to found and later served as president of the Scripps Howard Foundation, which fosters excellence in journalism through scholarships and a nationally acclaimed journalism award program. For a time, he also served as a successor to The E.W. Scripps Trust. Even after his retirement, he remained a director and chairman of the executive committee of The E.W. Scripps Company and continued as president and later chairman of the board of Scripps Howard Broadcasting Company, which he had served as president since 1937 in its earliest days as Continental Broadcasting Company. "He was very much highly regarded by the people who worked for him," said Charles E. Scripps, chairman of The E.W. Scripps Company Executive Committee. "I could almost say loved by the people who worked for him." He was active in numerous charities, including the Wildlife Preservation Trust International and the Population Institute of Washington,
D.C.; however, his primary interest was supporting scholarship students at his
Phillips Exeter alma mater, for which he'd served as alumni president and 
received the distinguished alumnus award in 1990. Howard also was active in his industry's professional associations as a member of the American Society of Newspaper Editors, a former board member of the American Newspaper Publishers Association and a former president of the Inter American Press Association. In 1934, Howard married Barbara Balfe of New York City. The couple had two children, Pamela Howard of New York and Michael Balfe Howard of Denver, Colo. Barbara Howard died in 1962. In 1964, Howard married Eleanor Sallee Harris, a free-lance magazine writer who died in October 1997. Howard had a lively interest in people and events. He prided himself on knowing his company intimately. In a typical gesture, he amiably waved aside a newly hired reporter's attempt to introduce himself, addressing the reporter by name and saying in his distinct, high-pitched voice, "Of course, of course, I know who the hell you are." Much of his time after his retirement from active management of The E.W. Scripps Company was spent involved in local politics 
of Centre Island, N.Y. For more than a decade, Howard served as town trustee. His son Michael recalls, "He considered himself a 'country-style person' and established his legal residence on Centre Island on the north shore of Long Island." If he had an a vocational passion, it would have been the outdoors in general and salmon fishing in particular. He was a founding member and partner of Le Club Watchichou on the north shore of Quebec, and had been an ardent Atlantic fly fisherman virtually all of his adult life. Howard's other great interest was the Bohemian Club of San Francisco. He attended the club's summer encampment every year from 1946 to 1992, until illness forced him to become an inactive member. Over the years, his campmates at Cave Man Camp included his father and his son, Lowell Thomas, Capt. Eddie Rickenbacker and Richard M. Nixon. Jack Howard maintained throughout his life a loyalty and fondness for 
The E.W. Scripps Company and members of the Scripps family. Says Michael Howard, "In the very best sense, he was a company man to the very end." In addition to his two children, he leaves seven grandchildren and a sister, Jane Howard Perkins. A private funeral service was handled by the Frank E. Campbell Funeral Chapel in Manhattan. The family asks that memorials be directed to the Scripps Howard Foundation, P.O. Box 640186, Cincinnati, OH 45264-0186, or Phillips Exeter Academy, 20 Main St., Exeter, N.H. 03833. ###Contact Susan Porter, The E.W. Scripps Company 513-977-3030 
 

Other links:

http://www.scripps.com/foundation/news/newsrelease/98mar22.html

http://www.dtra.mil/news/fact/nw_ntprfact.html