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Supreme Court Rejects Veterans’ Disability Benefits Appeal Over Cold War Nuclear Accident

The Associated Press (AP) reported that the U.S. Supreme Court on Tuesday dismissed an appeal by veterans seeking review of a class action claim for disability benefits due to Cold War-era radiation exposure.

Victor Skarr of Nixa, Missouri, seeks benefits for himself and other veterans who allegedly fell ill from radiation exposure while recovering and disposing of an unexploded hydrogen bomb at the site of a military aviation crash in the village of Palomares. Filed a class action lawsuit.In 1966 in southern Spain, according to APs. (Related: US government paid $128 million in duplicate checks to doctors treating veterans, report reveals)

Photograph of the crash of a US B-52G bomber that collided with a KC-135 tanker over the Mediterranean at Palomares, Spain on January 17, 1966. (Photo credit: AFP via Getty Images)

To refuse to appeal Supreme Court Upholds Veteran Claims Appeals Court’s Dismissal of Action for Reconsideration, Associated Press report. A federal appeals court was reportedly filed on January 17 to deny Skarr’s motion for a rehearing of the matter. court documents.

Skarl was diagnosed with leukopenia in 1998, according to court filings. According to the filing, he said his illness may have been caused by radiation exposure, saying, “For decades, the VA has grossly underestimated the radiation exposure of him and other veterans. It has adopted flawed dose estimation methods.” Skarl’s lawyer told the court that he also had skin cancer and is now in remission, according to the Associated Press.

According to the Associated Press, on January 17, 1966, a U.S. B-52 bomber and an airplane collided mid-air while refueling over Palomares, resulting in the release of four hydrogen bombs. None of the bombs exploded, but seven pounds of highly radioactive plutonium were scattered throughout the area. Skarr was one of 1,400 military personnel involved in the cleanup effort. According to the Associated Press, Skarr and other military personnel claimed they were not wearing protective clothing or masks while cleaning up the site.

Veterans Affairs attorney Mark Vicic previously defended lower radiation exposure estimates provided by the Air Force, The Associated Press reported.

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