[Congressional Record Volume 142, Number 139 (Tuesday, October 1, 1996)]
[Senate]
[Pages S12133-S12136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                            ATOMIC VETERANS

 Mr. WELLSTONE. Mr. President, I rise to announce my intention 
to introduce in the 105th Congress a companion bill to the provisions 
of H.R. 4173 which was introduced last week by Congressman Lane Evans, 
who is an exceptionally dedicated and effective advocate for all 
veterans, including atomic veterans. This important legislation would 
grant atomic veterans the presumption of service-connection for eight 
additional illnesses: Bone cancer; colon cancer; nonmalignant thyroid 
nodular disease; parathyroid cancer; ovarian cancer; brain and central 
nervous system tumors; unexplained bone marrow failure; and meningioma. 
Were this bill to be enacted, it would ensure that atomic veterans 
receive compensation for six diseases for which Marshall Islanders now 
automatically receive compensation under the Marshall Islands Nuclear 
Claims Tribunal Act and two diseases the VA accepts as radiogenic but 
does deem to be presumptively service-connected.
  I am convinced that enactment of the provisions of H.R. 4173 would 
help to rectify an injustice or, to put it more accurately, a series of 
injustices inflicted by our Government over the past 50 years on atomic 
veterans who served our country bravely, unquestioningly, and with 
great dedication.
  If there's any doubt about the need to expand the list of presumptive 
diseases, it should have been dispelled by the final report of the 
President's Advisory Committee on Human Radiation Experiments which was 
issued almost a year ago. The report's recommendations echoed many of 
the complaints that atomic veterans have had for years about the almost 
insuperable obstacles they face when seeking approval of their claims 
for VA compensation. The report urged an interagency working group to 
work ``in conjunction with Congress''--I repeat in conjunction with 
Congress--to promptly address the concerns expressed by atomic 
veterans. Among these concerns cited by the committee are several that 
I've long believed need to be urgently addressed, including:
  The list of presumptive diseases for which atomic veterans 
automatically receive VA compensation is incomplete and inadequate.
  The standard of proof for atomic veterans without a presumptive 
disease can't be met and are inappropriate given the incompleteness of 
exposure records retained by the Government.
  Time and money spent on contractors and consultants in administering 
the claims program, particularly the

[[Page S12134]]

dose reconstructions required for most atomic vets filing claims with 
the VA, would be better spent on directly aiding veterans.
  With regard to the last two concerns, it is important to note that 
the Advisory Committee found that the Government didn't create or 
maintain adequate records regarding the exposure, identity, and test 
locale of all participants. This finding casts serious doubt on the 
ability of the Government to come up with accurate dose reconstructions 
on which the approval of claims for VA compensation of many atomic 
veterans depend.
  In sum, there's no doubt that the report of the President's Advisory 
Committee strongly buttresses the case for expanding the list of 
radiogenic diseases for which atomic veterans must receive the 
presumption of service-connection and, therefore, for enacting the 
provision of H.R. 4173 in the next Congress.
  Mr. President, for almost 3 years I've been deeply moved by the 
plight of our atomic veterans and their families, and frankly dismayed 
and angered when I have learned of the many injustices they've 
experienced over the past 50 years. My mentors on this issue have been 
Minnesota atomic veterans, particularly veterans of the U.S Army's 
216th Chemical Service Company who participated in ``Operation Tumbler 
Snapper,'' a series of eight atmospheric nuclear tests in Nevada in 
1952. They are an extraordinary group of Americans who despite their 
many trials and tribulations have not lost faith in this country and 
believe and hope they will one day receive the recognition and 
compensation that is due them.
  Mr. President, since January 1994, I have had numerous meetings and 
contacts with the men of the ``Forgotten 216th'' and their families. 
Since their problems typify those of other atomic veterans nationwide, 
permit me to tell you about veterans of the U.S. Army's 216th Chemical 
Service Company and about why they now term themselves the ``Forgotten 
216th.''
  When the men of ``The Forgotten 216th,'' about 50 percent of whom 
were Minnesotans, participated in ``Operation Tumbler Snapper,'' they 
believed their Government's assurances that it would protect them 
against any harm, but now are convinced they were used as guinea pigs 
with no concern shown for their safety. Many were sent to measure 
fallout at or near ground zero immediately after a nuclear bomb blast, 
encountering radiation so high that their geiger counters literally 
went off the scale while they inhaled and ingested radioactive 
particles. They were given little or no protection, sometimes even 
lacking film badges to measure their exposure to radiation and were not 
informed of the dangers they faced. Moreover, they were sworn to 
secrecy about their participation in nuclear tests, sometimes denied 
access to their own service health records, and provided with no 
medical follow-up to ensure that they had not suffered adverse health 
effects as a consequence of their exposure to radiation. Many members 
of the 216th have already died, often of cancer, some as long as 20 
years ago. It should be obvious to all why these men now refer to 
themselves as ``the Forgotten 216th.''
  For 50 years, atomic veterans have been one of America's most 
neglected groups of veterans. For almost 40 years there were no 
provisions in Federal law specifically providing veterans compensation 
or health care for service-connected radiogenic diseases. Even now, 
with laws on the books covering radiogenic diseases on both a 
presumptive and nonpresumptive basis, the rate of VA approval of atomic 
veterans' claims is abysmally low.
  Mr. President, in this connection, permit me to quote from the 
testimony of Mr. Joseph Violante of the Disabled American Veterans 
before a House subcommittee on April 30, 1996:

       The DAV believes that a great injustice has been done to 
     America's Atomic veterans and their survivors. . . . Only 10 
     percent of those atomic veterans who seek compensation for . 
     . . disabilities are granted service connected benefits, 
     although the VA cautions that ``it cannot be inferred from 
     this number that service-connection was necessarily granted 
     on the basis of radiation exposure.'' . . . As of April 1, 
     1996, VA statistics show that there have been a total of 
     18,515 radiation [claim] cases. Service connection has been 
     granted, as of April 1, in 1,886 cases. . . . Statistics 
     current as of December 1, 1995, demonstrate that of the total 
     number of cases in which atomic veterans have been granted 
     service-connection, 463 involve the granting of presumptive 
     service connection. . .

  To sum up, if we were to exclude the 463 veterans who were granted 
presumptive service connection, atomic veterans had an incredibly low 
claims approval rate of less than 8 percent. And of this low 
percentage, an indeterminate percentage may have had their claims 
granted for diseases unrelated to radiation exposure. Moreover, in the 
roughly 7-year period following the 1988 enactment of a law granting 
atomic veterans service connection on a presumptive basis for certain 
radiogenic disease to a degree of 10 percent disability or more, only 
463 claims of presumptive diseases have been improved. By any standard, 
the VA's record of approving veterans' claims based on disabilities 
linked to radiogenic diseases is a sorry one.
  Mr. President, permit me to quote further from the eloquent and 
persuasive testimony of Mr. Violante:

       It cannot be overemphasized that radiation claims are 
     wrongfully denied because of inaccurate reconstructed dose 
     estimates used as the basis for the determination that the 
     estimated minimal level of exposure experienced by the atomic 
     veteran was insufficient to cause the cancer or other disease 
     ravishing the atomic veteran's body. The reality is that 
     atomic veterans are fighting a losing battle, not only with 
     the disease or diseases that have taken away their good 
     health, but with the very government that put them in harm's 
     way. . . . . Why are only 15 diseases given a rebuttable 
     presumption of service connection for atomic veterans while 
     Marshall Islanders receive an irrebuttable presumption for 
     25 medical conditions [now 27 conditions]? Why does our 
     government continue to put the needs of its veterans 
     behind those of other groups, such as the Marshall 
     Islanders? . . . Congress should consider making all the 
     recognized ``radiogenic diseases'' and any other disease, 
     illness or disability that others, such as the Marshall 
     Islanders are being compensated for, diseases for which 
     presumptive service connection is granted.

  I couldn't agree more with the DAV's cogent analysis and this is one 
of the reasons I'm determined to ensure that atomic veterans are 
granted service-connected compensation for all radiogenic diseases.
  The cover of every copy of the Atomic Veteran's Newsletter, the 
publication of the National Association of Atomic Veterans, contains 
the simple but eloquent statement: ``the atomic veteran seeks no 
special favor . . . simply justice.''
  Mr. President, I urge my colleagues from both sides of the aisle to 
join me in supporting the valiant and long struggle of atomic veterans 
for justice by strongly backing the bill that I plan to introduce next 
year and in fighting for its enactment.
  I dedicate this statement to the members and families of ``The 
Forgotten 216th'' who have educated me about the plight of atomic 
veterans and whose courage and perseverance I shall always admire.
  I ask that excerpts of the statement of Mr. Joseph Violante of the 
Disabled American Veterans before the Subcommittee on Compensation, 
Insurance and Memorial Affairs, House Committee on Veterans' Affairs, 
April 30, 1996, be printed in the Record.
  The excerpts follow:

                    Statement of Joseph A. Violante

       Mister Chairman and Members of the Subcommittee:
       On behalf of the more than one million members of the 
     Disabled American Veterans (DAV) and its auxiliary, I wish to 
     thank you for this opportunity to present DAV's views on the 
     controversy surrounding access to Department of Veterans 
     Affairs (VA) medical treatment and VA disability compensation 
     for veterans exposed to ionizing radiation, referred to 
     hereinafter as ``atomic veterans.''
       At the outset, Mr. Chairman, we wish to thank you, Ranking 
     Democratic Member Representative Evans, and the members of 
     this subcommittee for scheduling today's oversight hearing 
     regarding the problems experienced by atomic veterans with 
     respect to access to VA health care and disability 
     compensation. Clearly, action taken by this subcommittee will 
     materially affect the lives of America's citizen/soldiers who 
     were placed in harm's way by our government for the sole 
     purpose of obtaining first-hand evidence about the effects of 
     exposure to ionizing radiation.
       As my testimony will show, some atomic veterans have not 
     received adequate health care treatment for the ailments 
     believed to be associated with radiation exposure. Nor have 
     the vast majority of atomic veterans been compensated for 
     their residual disabilities. The remedial legislation passed 
     by Congress over the years has not had the desired effects 
     and must be revisited in order to provide meaningful health 
     care and disability compensation for this group of veterans.

[[Page S12135]]

       As you know, Mr. Chairman, the issue of ionizing radiation 
     and its potential adverse health effects have been present 
     for more than 50 years. Atomic veterans and their loved one 
     have been patiently waiting for answers from the scientific 
     and medical communities, as well as responses to their 
     concerns from Congress and the VA. Unfortunately, all too 
     often those answers were not forthcoming. Nor does it appear 
     that definitive answers will ever be known. For each study 
     done concluding one point, another study surfaces to discount 
     the findings of the prior report. Thus, the debate rages, 
     with no apparent end in sight.
       Before I get into the specifics of VA health care for 
     atomic veterans, let me state that atomic veterans experience 
     the same frustrations as all other veterans who attempt to 
     access the VA health care system--a system inadequate to meet 
     veterans' medical needs and their demand for services. The 
     crisis in VA health care results from years of inadequate 
     funding and a ``patchwork'' approach to addressing the health 
     care needs of veterans. In addition, atomic veterans believe 
     that their particular medical needs are not being adequately 
     met because the physicians who examine them, for the most 
     part, do not have expertise in the harmful effects produced 
     in body tissue by exposure to ionizing radiation to properly 
     diagnose their illnesses and injuries. In fact, some atomic 
     veterans honestly believe that these physicians are ``intent 
     on not encouraging radiation claims and, therefore, play down 
     the medical problems'' of atomic veterans.
       Generally speaking, receiving disability compensation from 
     the VA is another frustrating aspect of the ionizing 
     radiation debate. All too many radiation claims are denied 
     due to the unanswered questions from the scientific and 
     medical communities, the apparent failure of dose 
     reconstruction methods to adequately reflect the true extent 
     of radiation exposure experienced by atomic veterans, and the 
     inability to obtain meaningful adjudication of radiation 
     claims. All too often, atomic veterans, their dependents 
     and survivors are denied compensation from our government 
     for the residual illness, disease, or death allegedly 
     associated with exposure to ionizing radiation while 
     others, such as the Marshall Islanders, receive 
     compensation from the United States Government for the 
     same disability(ies).
       Before getting to the specifics of my testimony regarding 
     access to VA health care and the payment of disability 
     compensation for atomic veterans, I would note for the record 
     that the DAV membership, present at our National Convention 
     in Las Vegas, Nevada in July 1995, adopted a resolution in 
     support of a military medal to recognize and honor the 
     courage, sacrifice and devotion to duty of those veterans 
     exposed to ionizing radiation during military service. This 
     is but a small step towards recognizing the honorable service 
     of these brave men and women, and we call upon the members of 
     this subcommittee to support such legislation.
       I also call your attention to another resolution passed by 
     the delegates at our last National Convention in Las Vegas, 
     Nevada, noting the inaccuracy of dose reconstruction 
     estimates provided by the Defense Nuclear Agency (DNA) and 
     calling for the condemnation of this action by DNA as well as 
     urging the VA to undertake a review of the accuracy of dose 
     reconstruction estimates by DNA. Your kind attention to this 
     matter would be greatly appreciated.
       At the very least, our government needs to take immediate 
     action on these two items.


    Controversy Surrounding Potential health effects of exposure to 
                           ionizing radiation

       Radiation exposure may be external or internal. External 
     radiation exposure occurs when the radiation source is 
     outside the body. External exposure can come from standing in 
     a cloud of radioactive gas, swimming in water that has 
     radioactive material in it, or x-rays. Internal radiation 
     exposure occurs when radioactive material is taken into the 
     body by such means as eating, breathing, drinking, or through 
     cuts or breaks in the skin. Both external and internal 
     radiation exposure can directly harm internal organs, cells, 
     and tissues.
       After radioactive material is taken into the body, some of 
     it may enter the bloodstream. This blood then flows through 
     various organs and tissues in the body, providing them with 
     material necessary for their functioning. The body does not 
     distinguish between radioactive and nonradioactive materials. 
     Sometimes, radioactive substances concentrate primarily in 
     one organ of the body and that organ, therefore, receives a 
     larger dose of radioactive substance than do other organs. 
     Other times, the radiation substance is distributed 
     throughout the body. The dose received by different parts of 
     the body depends on a number of factors, including whether 
     the radiation substance dissolves easily in the blood, the 
     type and energy of the radioactive material, the amount of 
     radioactivity present, and its distribution in the body.
       The radioactive substance, once taken into the body, will 
     continue to give off radiation until either it has decayed or 
     is eliminated from the body through normal metabolism. The 
     rate of decay depends on the radioactive substance's half-
     life--the time required for a radioactive substance to lose 
     one-half of its activity by radioactive decay. Half-lives for 
     different radioactive substances vary from hours to thousands 
     of years. Plutonium, for example, has a half-life of 24,100 
     years.
       For obvious reasons, researchers know more about the 
     effects of high-dose radiation on the immune system than 
     about low-dose radiation exposure. High-dose radiation is 
     defined as any exposure above fifty rad to the whole body. A 
     rad is the unit of radiation dose used to measure the amount 
     of energy a body absorbs from ionizing radiation. Information 
     on the effects of high-dose radiation exposure comes from 
     studies of Japanese atomic bomb victims, radiation accidents, 
     such as the accident at Chernobyl, and studies of Marshall 
     Islanders exposed to radiation fallout from nuclear tests in 
     the 1950s.
       Less is known about low-dose exposure--less than fifty rads 
     to the whole body--and its effect on the immune system 
     because of the delayed period of time between the incident 
     of exposure and the development of the disease. The late 
     effects may show up months, years, or even decades after 
     the exposure. . . .
       Many mistrust the agency established to care for them--the 
     VA--because it is part of the government, a government they 
     perceive as covering up the true facts about the extent of 
     their exposure and the adverse health effects associated with 
     the exposure. While Congress has enacted a number of laws to 
     provide atomic veterans with priority access to VA health 
     care and VA disability compensation for their illnesses, 
     diseases, and disabilities due to exposure to ionizing 
     radiation, very few atomic veterans are able to access the VA 
     health care system and receive adequate care and treatment. 
     Even fewer atomic veterans and their survivors are able to 
     establish entitlement to VA disability compensation benefits. 
     . . .


                  va disability compensation benefits

       Prior to the enactment of the Veterans' Dioxin and 
     Radiation Exposure Compensation Standards Act, Pub. L. No. 
     98-542, 98 stat. 2725 (1984) (``the Act''), the authority for 
     38 C.F.R. Sec. 3.311 (formerly 38 C.F.R. Sec. 3.311b), there 
     was no legal limitation to establishing service connection 
     for residuals of ionizing radiation exposure. Service 
     connection for a disability is generally established when a 
     veteran's present condition can be reasonably related to an 
     injury or disease which is shown to be incurred coincident 
     with service. See 38 C.F.R. Sec. 3.303(a). Determination of 
     service connection is based on a broad and liberal 
     interpretation of the law consistent with the facts in each 
     individual case. Id. It has long been the VA's policy that 
     any condition which can be attributed to service shall be 
     granted direct service connection, no matter how long after 
     service the condition first became manifest. See 38 C.F.R. 
     Sec. 3.303(d). However, because of the difficulty in proving 
     causation in ionizing radiation cases, and the significantly 
     small number of claims which had been allowed. Congress, in 
     1984, recognized that, statistically, there was enough of an 
     association between some diseases and radiation exposure to 
     establish them as ``radiogenic.'' Congress responded by 
     enacting remedial legislation, the Act, whereby a veteran 
     suffering from a ``radiogenic disease,'' was not required to 
     submit evidence of causation. . . .
       The stated purpose of the 1984 Act is ``to ensure that [VA] 
     disability compensation is provided to veterans who were 
     exposed during service . . . to ionizing radiation . . . for 
     all disabilities arising after service that are connected, 
     based on sound scientific and medical evidence, to such 
     service. . . .'' The Act, Sec. 3. Congress's findings 
     included: There is scientific and medical uncertainty 
     regarding the long-term adverse health effects of exposure to 
     ionizing radiation. Id. Sec. 2(2). Due to the long latency 
     period involved, radiation claims present adjudicatory issues 
     which are significantly different from issues generally 
     presented. Id. Sec. 2(12). ``It has always been the policy of 
     the [VA] and is the policy of the United States, with respect 
     to individual claims for service connection . . . that when, 
     after consideration of all evidence and material of record, 
     there is an approximate balance of positive and negative 
     evidence . . . the benefit of the doubt in resolving each 
     such issue shall be given to the claimant. Id. Sec. 2(13).
       Presently, the VA recognizes 20 diseases as ``radiogenic 
     diseases''--a disease that may be induced by ionizing 
     radiation--under Sec. 3.311. These ``radiogenic diseases'' 
     include leukemia, other than chronic lymphocytic leukemia; 
     breast cancer; lung cancer; bone cancer; liver cancer; skin 
     cancer; esophageal cancer; stomach cancer; colon cancer; 
     pancreatic cancer; kidney cancer; urinary bladder cancer; 
     salivary gland cancer; multiple myeloma; posterior 
     subcapsular cataracts; non-malignant thyroid nodular disease; 
     ovarian cancer; parathyroid adenoma; and tumors of the brain 
     and central nervous system.
       Pursuant to the provisions of 38 C.F.R. Sec. 3.311, an 
     atomic veteran diagnosed with a recognized ``radiogenic 
     disease'' can have his or her claim for direct service 
     connection for residuals of exposure to ionizing radiation 
     adjudicated by the VA, notwithstanding the fact that the 
     atomic veteran does not have any medical evidence to 
     establish a cause and effect relationship between his 
     exposure to ionizing radiation and his diagnosed ``radiogenic 
     disease.'' Otherwise, (based on a recent court decision 
     discussed infra) an atomic veteran who believes that his or 
     her disability, not found on the list of ``radiogenic 
     diseases,'' may have his or her claim for service connection 
     on a direct basis adjudicated by the VA providing the atomic 
     veteran has medical evidence to support the claim. Once the 
     atomic veteran has demonstrated that he or she suffers from a

[[Page S12136]]

     ``radiogenic disease'' or provides medical evidence of a 
     cause and effect relationship between his or her disability 
     and exposure to ionizing radiation, the VA, pursuant to 
     Sec. 3.311 must obtain a dose estimate as to the range of 
     doses to which the atomic veteran may have been exposed. 
     Final review of direct service connection claims based on 
     exposure to ionizing radiation is conducted by the Under 
     Secretary for Benefits, who may obtain and consider any 
     opinion of the Under Secretary for Health in reaching his 
     determination whether the atomic veteran's disease resulted 
     from radiation exposure in service.
       Mr. chairman, although Sec. 3.311 was passed by Congress in 
     1984 as remedial legislation, designed to assist atomic 
     veterans and their survivors in obtaining compensation for 
     illnesses, diseases, disabilities, and death due to exposure 
     to ionizing radiation, this legislation has benefited very 
     few atomic veterans or their survivors. Until recently, the 
     VA considered the list of ``radiogenic diseases'' as an 
     exclusive list thereby refusing to consider any claims for 
     direct service connection for residuals of radiation exposure 
     if the atomic veteran or his or her survivors could not 
     demonstrate that the atomic veteran suffered from a listed 
     ``radiogenic disease,'' regardless of the evidence submitted 
     in support of the claim. The VA's practice of adjudicating 
     only those claims where the atomic veteran suffered from a 
     recognized ``radiogenic disease'' was overturned by the 
     United States Court of Appeals for the Federal Circuit on 
     September 1, 1994, in Combee vs. Brown, 34 F.3d 1039, 1045 
     (Fed.Cir. 1994).
       Once an atomic veteran seeking direct service connection 
     for residuals of exposure to ionizing radiation has 
     established that he or she suffers from a recognized 
     ``radiogenic disease'' or have provided the VA with medical 
     evidence of a cause and effect relationship, the burden of 
     proof then shifts to the VA for consideration of the case on 
     the merits. It is at this point that atomic veterans face 
     their greatest obstacle in establishing their entitlement to 
     service connection. Dose estimates and dose reconstruction 
     data for the various radiation tests are handled by the 
     Defense Nuclear Agency.
       In more cases than not, no actual individual exposure 
     record is available for the atomic veteran, and reconstructed 
     dose estimates routinely fail to provide an accurate 
     estimation of the level of radiation exposure experienced by 
     the atomic veteran. Film badges, not issued to all 
     participants in nuclear tests, did not provide a complete 
     measure of radiation exposure, since they were not capable of 
     recording inhaled, ingested, or neutron doses, or often 
     shielded during the detonation, and were worn for only 
     limited periods during and after each nuclear detonation.
       Many atomic veterans who participated in the nuclear tests 
     in the Pacific report visiting these islands a short time 
     after the test detonation and eating locally grown fruits and 
     swimming in the lagoons. Atomic veterans who participated in 
     the Nevada test sites report being covered in fallout dust 
     which was either brushed off of them by hand or with brooms. 
     Many report being transported to mess halls shortly after 
     walking through ``ground zero'' and not being able to 
     properly clean themselves before eating. These factors are 
     extremely important in determining a proper reconstructed 
     dose estimate; however, it does not appear that the 
     participant's comments are used to further the analysis with 
     regards to the dose reconstruction estimate. Without accurate 
     reconstructed dose estimates, atomic veterans and their 
     survivors find it virtually impossible to obtain the benefits 
     they seek.
       All too often, reconstructed dose estimates show that the 
     overwhelming majority of participants were supposedly exposed 
     to one rem or less of external doses of ionizing radiation. 
     It is extremely difficult to believe, based on the statements 
     made by participants, that their total exposure was so 
     minimal. The DAV believes that a great injustice has been 
     done to America's atomic veterans and their survivors. As 
     will be discussed later, only ten percent of those atomic 
     veterans who seek compensation for their residual 
     disabilities are granted service-connected benefits, 
     although the VA cautions that ``[i]t cannot be inferred 
     from this number that service connection was necessarily 
     granted on the basis of radiation exposure.'' In other 
     words, although the atomic veteran claimed residual 
     disability as a result of his exposure to ionizing 
     radiation, the claim could have been allowed under general 
     principles establishing service connection such as the 
     disease or illness was evidenced in the service medical 
     records, etc. . . .
       Adjudication of radiation claims pursuant to 38 C.F.R. 
     3.311 have been a total failure. With almost 95% of atomic 
     veterans failing to establish service connection for their 
     illness, disease, or disability, the remedial legislation 
     passed in 1984 has not provided atomic veterans with 
     meaningful consideration of their claims. The present 
     statistical data showing an extremely high denial rate has 
     changed very little since 1984 when former Senator Cranston 
     expressed the need for this remedial legislation.
       In May 1988, aware that something more was needed, Congress 
     passed Pub. L. No. 100-321, Sec. 2(a), 102 Stat. 485, which 
     grants service connection on a presumptive basis for certain 
     diseases becoming manifest in an atomic veteran to a degree 
     of 10% or more. Currently, the list of presumptive diseases, 
     a total of 15 in all, include: leukemia, other than chronic 
     lymphocytic leukemia; thyroid cancer, breast cancer; cancer 
     of the pharynx; esophageal cancer; stomach cancer; cancer of 
     the small intestine; pancreatic cancer; multiple myeloma; 
     lymphomas, except Hodgkin's disease; bile duct cancer; gall 
     bladder cancer, primary liver cancer, except if cirrhosis or 
     hepatitis B is indicated; salivary gland cancer; and urinary 
     tract cancer. While 20 diseases are recognized as 
     ``radiogenic diseases'' pursuant to 38 C.F.R. Sec. 3.311, 
     only 15 diseases are presumed to be service-connected as a 
     result of exposure to ionizing radiation. Yet, pursuant to 
     the Marshall Islands Nuclear Claims Tribunal Act, 25 separate 
     medical conditions are irrebuttably presumed to be the result 
     of radiation exposure and Marshall Islanders are compensated 
     for these disabilities. It is difficult to understand the 
     lack of consistency in these lists. Why are only 15 diseases 
     given a rebuttable presumption of service connection for 
     atomic veterans while Marshall Islanders receive an 
     irrebuttable presumption for 25 medical conditions? Further, 
     at the very least, why are not all 20 ``radiogenic diseases'' 
     presumed to be service-connected as a result of ionizing 
     radiation exposure pursuant to 38 U.S.C. 1112(c)? Why does 
     our government continue to put the needs of its veterans 
     behind those of other groups, such as the Marshall Islanders? 
     America's veterans should always be considered a special and 
     unique group for having served their nation with honor. . . .
       Congress should consider making all the recognized 
     ``radiogenic diseases,'' and any other disease, illness, or 
     disability that others, such as the Marshall Islanders, are 
     being compensated for, with those diseases for which 
     presumptive service connection is granted. The Marshall 
     Islanders have an irrebuttable presumption, at the very 
     least, America's atomic veterans should receive a rebuttable 
     presumption for all diseases, illnesses or disabilities for 
     which others are compensated.
       The DAV commends this subcommittee for it's recent, 
     favorable action on adding bronchiolo-alveolar carcinoma, a 
     form of lung cancer, to the list of diseases presumed to be 
     service-connected for veterans exposed to ionizing radiation. 
     As stated above, however, all recognized ``radiogenic 
     diseases'' including lung cancer should be added to the list 
     of diseases presumed to be service-connected. . . .
       In closing, I would like to refer to a phrase which appears 
     on the Atomic Veterans' Newsletter, published by the National 
     Association of Atomic Veterans, Inc. that states: ``The 
     atomic veteran seeks no special favor . . . simply justice.'' 
     This justice is long overdue. DAV encourages this 
     subcommittee to do everything necessary to ensure that this 
     group of forgotten veterans--atomic veterans--receive 
     meaningful justice from our government.
       This concludes my statement. I would be happy to answer any 
     questions you may have.

                          ____________________