If you or your relatives served aboard
during April - May 1948. read on.
was three detonations XRAY, YOKE,
the Oakland performed an official
Thanks to Larry Marshall for this information.
If you have any
contact Larry Marshall e-mail addresses:
web site is not responsible for
This is Larry Marshall.
Helena, Toledo each sunk a crossroads target vessel at
Atoll April 19 1948. During this time there was going
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:
Dose assessment. In all claims in
is established that a radiogenic disease
manifest after service and was not manifest to a
(2) Request for dose information. Where necessary pursuant to paragraph (a)(1) of this section, dose information will be requested as follows:
weapons test participation claims. In claims based upon participation
in atmospheric nuclear testing, dose data will in all cases be
(ii) Hiroshima and Nagasaki
In all claims based on participation in
occupation of Hiroshima or Nagasaki, Japan, prior
(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
survivors may be required to produce evidence
exposure if the information in the veteran’s service
(b) Initial review of claims.
(1) When it is determined:
(i) A veteran was exposed to
as a result of participation in the atmospheric
of nuclear weapons, the occupation of Hiroshima or
(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:
forms of leukemia
except chronic lymphatic (lymphocytic) leukemia;
Public Law 98-542 requires VA to determine
sound medical and scientific evidence
a rule identifying polycythemia vera as a radiogenic disease.
has determined that sound medical and scientific evidence does
not support including polycythemia vera on the list of known radiogenic
in this regulation. Even so, VA will consider a claim based on the
that polycythemia vera is a radiogenic disease under the provisions of paragraph
(b)(4) of this section. (Authority: Pub. L. 98-542, section
(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.
When a claim is forwarded for
to paragraph (b)(1) of this section, the
for Benefits shall consider the claim with reference
(i) If after such consideration
Secretary for Benefits is convinced sound
and medical evidence supports the conclusion it is at least as
(ii) If the
for Benefits determines there is no reasonable possibility that
the veteran’s disease resulted from radiation exposure in service
(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
type and stage, if known, and when the
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.
Adjudication of claim. The
service connection will be made under the
applicable provisions of this part, giving due consideration to all
evidence of record, including any opinion provided by the Under
for Health or an outside consultant, and
published pursuant to
(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).
Scripps Howard Foundation News Release Archive March 22, 1998
Scripps chief Jack R. Howard dead at 87.
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
copy aide in 1928 to retirement in 1976 as president and general
editorial manager of The
Scripps Company."Jack was determined to put his
the company and he did it in the broadcasting area," said William R.
and chief executive officer of The E.W. Scripps Company. "What we
today in our broadcasting division is the Jack Howard legacy to Scripps
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
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
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
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is maintained by Paul D.Henriott.
Last updated 31 March 2005