d. Handling Claims That Require a Subsequent Review Based on Dose Estimates Made Before May 8, 2003 On May 8, 2003, the National Research Council, an independent agency contracted to review the Defense Threat Reduction Agency’s (DTRA) radiation dose estimates, reported that DTRA had underestimated upper bound radiation doses for atmospheric test participants and Hiroshima/Nagasaki occupation forces. When a claim was previously denied based on a dose estimate provided by DTRA before May 8, 2003, obtain a new dose estimate from DTRA and readjudicate the claim. Note: It is not necessary for the claimant to submit new and material evidence to reopen these claims. Reference: For more information on developing dose estimates, see M21-1, Part IV, Subpart ii, 1.C.4.a. e. Handling Classified Information Needed to Validate Exposure to Nuclear Radiation Veterans seeking benefits in connection with exposure to nuclear radiation are authorized by the Exposure to Nuclear Radiation and Department of Defense (DoD) Secrecy Agreement to divulge to the Department of Veterans Affairs (VA) the name location of their command duties performed dates of service, and related information necessary to validate exposure to nuclear radiation. This authorization does not relieve Veterans of responsibility for continuing to protect specific technical information that could contribute to the development of a weapon of mass destruction or the application of nuclear technology. Important: Veterans must refrain from divulging information relative to military bases where nuclear weapons may be located within the continental United States (U.S.), which is classified as “Confidential,” and were or are located outside the continental U.S., which is classified as “Secret” or “Top Secret.” References: For more information on the Exposure to Nuclear Radiation and DoD Secrecy Agreement, see Part IV, Subpart ii, 1.C.6, and claims for radiogenic diseases under , see M21-1, Part IV, Subpart ii, 1.B.2.
f. VA Responsibility for Expunging Classified Military Data The fact that a Veteran inadvertently reveals classified military information during the course of applying for benefits should not be compounded further by releasing this information within or outside VA in any manner. Cut out (rather than obliterate) any classified information from related documents or statements. When expungement is necessary, follow the steps in the table below to properly remove the classified information. Step Action 1 Prepare a VA Form 27-0820, Report of General Information, for the claims folder and have the form signed by the Veterans Service Center Manager (VSCM), Pension Management Center Manager (PMCM), or supervisory designee, not lower than the Assistant VSCM or PMCM. On the VA Form 27-0820 cite the kind of evidence removed, and reason for the record expungement, and summarize or restate any other expunged facts or statements not referring to specific military bases where radiation exposure allegedly occurred. 2 Once approved, redact the classified information. Reference: For more information on redacting adobe documents, see the . 3 Place the redacted document(s) and VA Form 27-0820 in the claims folder. 4 Mark the document(s) containing classified information for deletion. Note: Follow the instructions in the , when redacting classified information in a Veterans Benefits Management System (VBMS) claims folder. 2. Developing Claims for SC for Disabilities Resulting From Ionizing Radiation Exposure Under 38 CFR 3.311
Stage Who Is Responsible Description References 1 RO Refers the claim to Compensation Service, Policy Staff (211B), for review once the three requirements of the initial review have been satisfied, and development has been completed, including receipt of a response from the DoD regarding exposure to radiation, and notifies the claimant of the referral to Central Office (CO). For more information on what to include in the memorandum for a referral, see M21-1, Part IV, Subpart ii, 1.C.5.c, and procedures for referring claims to Compensation Service, see M21-1, Part IV, Subpart ii, 1.C.5.d. 2 Compensation Service Reviews the claim requests a medical opinion from the USH, and/or refers the claim to an outside consultant if necessary, and notifies the RO and the claimant if a referral is made to the USH. For more information on referrals by Compensation Service, Policy Staff (211B), to the USH, see , and an outside consultant, see . 3 Compensation Service Provides the RO with an opinion recommending either a grant or denial of the claim, and the written response of both the USH and/or outside consultant (if solicited). --- c. Information to Include in the Memorandum of a Referral to Compensation Service When referring a claim based on exposure to ionizing radiation to Compensation Service, Policy Staff (211B),prepare a memorandum briefly summarizing the following information pertinent service information circumstances surrounding the exposure, including dates of the exposure (mm/dd/yr) a description of the claimed disease, including the specific cell type and stage, if known the date the claimed disease first manifested (date of diagnosis) and the time lapse between exposure and the onset of the disease the Veteran’s age at the time of exposure gender race date of birth and date of death (if pertinent) relevant family medical history, and employment history (military and post-military) the dose assessment, as specified in , given by