Antioch Law Journal


This Comment will discuss the judicial review'3 and rulemaking14 provisions of the bill and their possible impact on efforts by atomic veterans to obtain benefits from the Veterans Administration. Part II will provide an overview of the Veterans Administration's claims procedures, describing the criteria currently applied to claims of atomic veterans and the changes contained in the bill. Part III will discuss the critical sections of the bill, including the unique standard of review'5 for factual determinations made in adjudicating individual claims for benefits. In particular, Part III will discuss potential problems posed to reviewing courts applying the standard of review. Part IV will discuss the rulemaking changes contained in the bill. The Comment will conclude by suggesting that an effective method of compensating atomic veterans for their injuries would be to ensure by statute that they are eligible to obtain disability benefits from the Veterans Administration. Such a mandate would make more meaningful the opportunity for judicial review and greater participation in agency rulemaking contained in the legislation discussed herein.