Developing Claims for Service Connection (SC) for Disabilities Resulting from Ionizing Radiation Exposure Under 38 CFR 3.309

In This Section

Introduction

• presumption of SC based on participation in certain radiation-risk activities
• history of presumptive SC based on participation in radiation-risk activities, and
• who is eligible for benefits under 38 CFR 3.309.

Change Date

VIII.iii.4.A.1.a. Presumption of SC Based on Participation in Certain Radiation-Risk Activities

VIII.iii.4.A.1.b. History of Presumptive SC Based on Participation in Radiation-Risk Activities

VIII.iii.4.A.1.c. Who Is Eligible for Benefits Under 38 CFR 3.309(d)

• active duty
• active duty for training, or
• inactive duty training.

Introduction

• centralized processing of claims based on radiation exposure
• criteria to consider before beginning development of a claim for SC for a radiogenic disease
• action to take
  • if the criteria for development are not met, and
  • when radiation exposure is alleged, but no disability is claimed
• source for information on radiation-risk activities
• information that must be included in the development letter to DTRA, and
• additional information to include in the development letter to DTRA.

Change Date

VIII.iii.4.A.2.a. Centralized Processing of Claims Based on Radiation Exposure

• all claims for SC for presumptive disabilities resulting from exposure to ionizing radiation under 38 CFR 3.309(d), and
• all non radiation-related contentions received under the end product associated with the radiation issue.

VIII.iii.4.A.2.b. Criteria to Consider Before Beginning Development of a Claim for SC for a Radiogenic Disease

• one of the radiogenic diseases listed in 38 CFR 3.309(d)(2) must be shown to exist by medical evidence, and
• the claimant must allege that the disability was the result of participation in a radiation-risk activity as defined in 38 CFR 3.309(d)(3).

VIII.iii.4.A.2.c. Action to Take if the Criteria for Development Are Not Met

• no further development under 38 CFR 3.309(d) is warranted, and
• consider the claim as
  • any other claim for direct SC under 38 CFR 3.303, or
  • a claim for ionizing radiation exposure under 38 CFR 3.311.

VIII.iii.4.A.2.d. Action to Take When Radiation Exposure Is Alleged, but No Disability Is Claimed

• 38 CFR 3.159(a)(3), and
• M21-1, Part I, Subpart i, 1.A.4.f.

VIII.iii.4.A.2.e. Source for Information on Radiation-Risk Activities

• U.S. atmospheric nuclear weapons tests
• occupational forces in Hiroshima or Nagasaki, or
• internment as a POW in Japan who was subject to the same conditions as occupational forces.

VIII.iii.4.A.2.f. Information That Must Be Included in the Development Letter to DTRA

• the Veteran’s and claimant’s
  • name
  • address, and
  • telephone number
• the Veteran’s
  • branch of military service
  • military service number, and
  • Social Security number
• the name of the Veteran’s organization or unit of assignment at the time of exposure
• the dates of assignment(s)
• a full description of the duties and activities of the Veteran while a participant in a radiation-risk activity
• the specific disease entity, and
• a citation of the specific regulation under which the request is made.

• The specific disease entity must be consistent with those in 38 CFR 3.309(d)(2).
• Simply stating “cancer” is not adequate. State the more specific description, such as “cancer of the thyroid.”

VIII.iii.4.A.2.g. Additional Information to Include in the Development Letter to DTRA

Change Date

VIII.iii.4.A.3.a. Exhibit: DTRA Request Template