Skip to content

Court Rules in Favor of Veterans Exposed to Radiation via Yale Law School

In a nationwide class decision released on December 17, 2020, the Court of Appeals for Veterans Claims (CAVC) ordered the U.S. Department of Veterans Affairs (VA) to reexamine how it evaluates disability claims of veterans exposed to ionizing radiation in a 1966 nuclear cleanup operation at Palomares, Spain. The Court’s decision is a long-awaited step towards recognizing Palomares veterans’ service and ensuring they have access to the benefits they earned. The class is represented by the Veterans Legal Services Clinic at Yale Law School and the New York Legal Assistance Group.

In Skaar v. Wilkie, the CAVC found that the VA had not fulfilled its legal responsibility to determine whether the method it uses to assess Palomares veterans’ radiation exposure is scientifically sound. The VA has relied on this unsound science to deny disability benefits for radiation illnesses to veterans who responded to the nuclear disaster, according to the Clinic. The latest decision comes one year after the Court’s historic decision in the same case to certify the first-ever class of veteran claimants in a direct appeal from the VA benefits system.


In 1966, an Air Force bomber crashed following a midair collision. The collision released four hydrogen bombs, spreading radioactive plutonium dust across the Spanish countryside. Victor Skaar and approximately 1500 other servicemembers were sent to clean up the radioactive debris, living among the wreckage for weeks. Now, more than 50 years later, many of these veterans have radiation-related illnesses that require medical treatment. Others have died from these conditions, but their survivors continue to fight for recognition and benefits.

The Palomares veterans are led by named plaintiff Victor Skaar of Nixa, Missouri, a retired Air Force Chief Master Sergeant who participated in the cleanup. Skaar and the class argued that the VA had erred in using a methodology to determine radiation exposure that ignored 98 percent of the radiation measurements taken from veterans after the incident. Nuclear scientists like Dr. Frank von Hippel from Princeton University and the VA’s own consultant have faulted the method, according to the Clinic. The CAVC found that because the VA had not explained why it adopted a methodology originally used by the Air Force, it violated a federal law that requires calculations of radiation exposure to be based on “sound scientific evidence.”


How does the VA decide whether to give compensation to veterans exposed to radiation? 

In order to determine whether a veteran is entitled to compensation from service-connected disabilities, the VA must determine that the veteran has suffered an injury and that such injury was caused by or connected to their service. Exposure to radiation during service qualifies as such an injury if the veteran’s condition is more likely than not caused by the exposure. In adjudicating claims for radiation-related illnesses, the VA determines the radiation dose that the veteran was exposed to, and then uses a formula to translate that dose into the likelihood that the radiation caused the veteran’s illness. If this likelihood is 50 percent or more, the VA grants benefits to the veteran.

What will happen next?

The Board of Veterans’ Appeals must now reconsider the claims of Skaar and other class members whose cases are before it, and either better justify its continued reliance on the flawed methodology or use a different one.

Read more at Court Rules in Favor of Veterans Exposed to Radiation

Posted in *English.

Tagged with , , , , .

27 Responses

Stay in touch with the conversation, subscribe to the RSS feed for comments on this post.

  1. says

    مجلة الحلوة موقع عربي يقدم محتوي طبي واجتماعي وعلاقات شباب وتعليم محمول وأجهزة إنترنت واتصالات ألعاب وبرامج علوم وبيئة مقالات وأعمدة منبر الشروق ديوان الشاعر امرؤ القيس فى كل مكان من موقع عربي يقدم محتوي طبي واجتماعي وعلاقات شباب وتعليم محمول وأجهزة إنترنت واتصالات ألعاب وبرامج علوم وبيئة مقالات وأعمدة منبر الشروق ديوان الشاعر امرؤ القيس فى كل مكان

  2. Spin Artikel Indonesia says

    spin artikel indonesia

  3. uaeadvise Jobs says

    Interestingly you write, I will address you’ll find exciting.

  4. karimun jawa says

    paket wisata karimunjawa

  5. arung jeram serayu says

    arung jeram serayu

  6. Tutorial Coreldraw says

    Tutorial Coreldraw

  7. Cara Memasang AdBlock di Blogger says

    Cara Memasang AdBlock di Blogger

  8. Jasa Pembuatan Website Murah Berkualitas says

    Jasa Pembuatan Website Murah Berkualitas

  9. dark web links says

    Have you been wondering how to go on the dark web links safely on iPhone? I have also been wondering about this question as well and in this article I am about to share my knowledge with you. If you are planning to access any kind of information on the internet, there are few steps that you need to follow so that your data is safe and sound. One of the things that most people do not know is that it is not just a simple case of using common sense. One of the most important things that you should know is that even though you have protected your iPhone with a password, this does not mean that you can get into anyone’s computer or retrieve any kind of data from it.

  10. dark web links says

    This article will show you how to go on the Dark Web links and make safe money on the Internet. There are many different types of programs that exist to help you with this. The question is do you trust yourself to go on these dangerous links? What if there was someone out there that was able to get information from you onto the Dark Web? I will show you how to go on the Dark Web on your iPhone, and get exactly what you need.

  11. rumah pintar 5g says

    translate that dose into the likelihood that the radiation caused the veteran’s illness

  12. Wallpaper Remover Herndon VA says

    I read that Post and got it fine and informative. Please share more like that…

  13. Edukasi skincare says

    belajar skincare

  14. Dunia Extreme says

    Berita Populer

  15. reseller says


  16. jackosn says

    berita trending dan terpercaya hanya di

  17. infotexno says

    nice info

  18. spss crack says

    IBM SPSS Statistics Crack is a powerful tool used for analyzing statistics, managing data and documents. It helps users quickly hold a significant business, user, social science, and many other relevant fields. ibm spss statistics crack

  19. Gantungan Kunci Karet says

    Thnk for sharing, mister..

  20. Cek Ongkir Klik Logistics says

    thanks for sharing. i very interesting this content
    Ekspedisi Makassar

  21. reglow says

    haloo, para jagos seo indonesia, kalau mau gabung jadi affiliaste reglow boleh nih, tinggal info cs kami yaa bro

  22. Gantungan Kunci Karet Custom says

    Thnk u for this nice article, escort dating my site with comments please confirm and support

  23. deka says

    Thanks for sharing. Good luck always..

  24. Recehan Dollar says

    This is really interesting, You’re a very professional blogger visit my blog WHV Australia

Some HTML is OK

or, reply to this post via trackback.