RADAR, MICROWAVES AND VETERANS
B-MALT, status post left lung lobectomy (claimed as lung cancer) to include as a result of exposure to ionizing radiation and ocular damage.
In June of 1999 a veteran asked me to assist him in his claim for cancer and ocular damage, due to exposure of non ionizing radiation. The exposure was from a radar screen, which was turned on while he was standing directly in front of it. Upon receipt of the claim the VA rating specialist commented "his military personnel records did not contain Form 1141, radiation exposure document." We responded "of course not." At that time the military was not actually concerning itself with microwave issues. This was before the idea of cooking meat (which we are made of) with microwaves.
It was referred to as an issue of the old days " Lymphomas (except Hodgkin's disease) are considered a radiogenic condition under 38 CFR 3.311(d) (2); however, the evidence failed to show exposure to ionizing radiation during service. Again the answer must be, even though redundant: at that time the military was not actually concerning itself with microwave issues. This was before the idea of cooking meat (which is what our bodies are actually composed of) with microwaves. If you recall the first microwave ovens were called Radar Range." Amana made them and they were heavily advertised.
The VA rating specialist indicated Ms Swenson, Chief, Radiation Protection Division of the USAF Radioisotope Committee stated "there was no information confirming any exposure to radio frequency radiation on the part of the veteran." However, even the least aware citizen knows the danger of microwaves. This veteran was exposed to microwaves and that scenario, has been established by his duties and his MOS.
It is stated in the VA's argument in bold type (in part) "This condition did not happen in military service, nor was it aggravated or caused by service." Then in the VA's final paragraph "age related macular degeneration is common in the elderly." I do not consider age 60 as elderly.
The veteran has suffered with this issue for years. Not just recently. His problem was not being a doctor; he was not sure what the symptoms meant. The doctors he saw over the years were not oriented toward radiation problems.
The VA's position is that his records do not show exposure to ionizing radiation in the service. Of course they don't. The people of that day were totally unaware of the effect. If they had been the would have made microwave ovens. Now they warn people: DANGER STAY AWAY! or DANGER KEEP OFF!
The Centers for Disease Control and the Institute of Medicine both concede the delay in affect from exposure to ionizing radiation and that many symptoms do not appear for as much as thirty or more years. Why would the cancer appear in one year?
In the VA's comments regarding an October 2000 letter by Ms Swenson of the Air Force Radiation Protection Division, Radioisotope Committee, states that studies provide no clear evidence of detrimental effects in humans from chronic exposure to radio frequency radiation (RFR). The VA then states the facts as related by Ms Swenson, regarding the ocular damage that will result from exposure. The VA quotes her "There was no evidence confirming any exposure to RFR by the veteran." My response to that statement is redundant on my part; but needs to be said, this because his records do not show exposure to ionizing radiation in the service. Of course they don't. The people of that day were totally unaware of the effect.
This veterans condition is as a result of his service and during that service being micro waved.