Documents Important for Veterans of Atomic Tests : Judge Scolds VA for Shredding Claims’ Records

A federal judge Friday rebuked the Veterans Administration for destroying documents related to rejected claims by veterans that they were disabled by atomic bomb testing.

A government lawyer admitted that documents relating to the claims have been shredded and that many may have been relevant to a pending lawsuit by veterans who assert that their claims were improperly denied. But the lawyer denied there was any attempt to cover up wrongdoing by the government.

After listening to the lawyer’s remarks, U.S. District Judge Marilyn Hall Patel threatened to fine the agency and called the obligation to preserve documents that are related to a lawsuit “fundamental.”

Officials to Appear

Patel ordered half a dozen officials from VA headquarters in Washington to appear before her on Nov. 25. She said that before deciding what sanctions to impose, she plans to determine whether the officials destroyed the documents to avoid turning them over to lawyers who are representing the veterans.

The suit, filed in 1983, alleges that the Veterans Administration routinely denies disability claims by veterans without giving them proper hearings. The suit challenges an 1862 law that places a $10 cap on fees lawyers can receive for representing veterans--a law upheld last year by the U.S. Supreme Court.

Gordon P. Erspamer, a lawyer for the veterans, argues that the ruling allows lawyers to collect more money if they represent veterans who have particularly complex maladies, such as those associated with radiation contamination. The far-reaching class-action suit involves as many as 250,000 veterans of atomic bomb tests since the 1940s.

Anonymous Letter

Erspamer won a court order from Patel in June enjoining the VA from destroying any document related to the case. The court order came after the lawyer received an anonymous letter from within the VA suggesting that records related to the case were scheduled for destruction.

Assistant U.S. Atty. George C. Stoll told Patel in the hearing Friday that he doubted documents were destroyed after her order but said “thousands if not millions of documents” have gone into paper shredders since the 1983 lawsuit was filed.

“I don’t think there is any question that some of the documents destroyed could be relevant,” Stoll said.

Stoll maintained, however, that there is no requirement that the agency keep documents that may some day be demanded by someone who has brought a suit--a contention that Patel termed “quite an unusual proposition.”

Employees Not Cautioned

Stoll said one reason some relevant documents were destroyed was that the Veterans Administration never held a general meeting or sent out memoranda cautioning employees against destroying documents.

“At most, it was negligence,” Stoll said, maintaining that there was no effort to cover up aspects of the administration’s claims process by shredding the papers.

“There isn’t a smoking gun here,” Stoll said.

Patel noted that Erspamer is entitled to compel the government to turn over documents that may prove his claims but said, “How are they going to do it if the gun has been destroyed?” The judge vowed to treat the agency “very severely” if she concludes at the Nov. 25 hearing that there was intentional destruction of the documents.

The administration pays about $1,600 a month for full disability and about $600 a month in death benefits to family members of deceased veterans, Erspamer said.