Hastings School of the Law, Univ. of California, (Volume 32, No. 4, March 1981)
"Radiation Injury and the Atomic Veteran: Shifting the Burden of Proof on Factual Causation"
By Allan Favish
"Thousands of American soldiers have been exposed to radiation from atmospheric nuclear explosions conducted by the United States Government. Many of these veterans are alleging this exposure has resulted in adverse health effects. The difficulty of proving such a causal relationship has frustrated most of their attempts to qualify for compensation from the Veterans Administration. In addition, the judiciary has held the United States immune from suit in these cases. This Note examines the circumstances surrounding the exposure of these soldiers and the administrative and legal barriers that now face them, including the burdens of proof regarding factual causation of radiation injury."
The Note concludes that ..."because of the unreasonable nature of the government's conduct, the burden of proof should be shifted from the veterans to the government."
www.allanfavish.com Under topics click "Radiation Injury & U.S. Atomic Veterans" to view the article in Adobe Acrobat.
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Elder Law Journal, Univ. of Iowa College of Law (Vol 13, No. 2, 2005)
"The Inability of Atomic Veterans to Obtain Disability Benefits; Time is Running Out on Our Chances to Fix the System"
by Melinda F. Podgor
In this note, Ms. Podgor discusses the inability of more than eighty-eight percent of American servicemembers who were exposed to atomic radiation to recover benefits for diseases caused by that exposure. The author examines the three statutes that grant compensation to atomic veterans as well as the policies and procedures of the Veterans Benefits Administration (VBA). Ms. Podgor advocates for increased funding and training for personnel within the VBA. Additionally, the author argues for clarification of existing statutes so that atomic veterans’ claims can be processed fairly.
See http://www.news.uiuc.edu/NEWS/06/0403veterans.html and follow links to Elder Law Journal, 2005 No. 2
