M21-1 Manual  /  Part VIII, Subpart iii, Chapter 4, Section C

Rating Claims for Disabilities Associated With Radiation Exposure

M21-1, Part VIII, Subpart iii, Chapter 4, Section C

Overview

In This Section

This section contains the topic, “Rating Claims for Disabilities Associated With Radiation Exposure.”


1. Rating Claims for Disabilities Associated With Radiation Exposure

Introduction

This topic contains information on rating claims for disabilities associated with radiation exposure, including
  • provisions of
    • Public Law (PL) 98-542, and
    • PL 102-86
  • history of time limits for disease manifestation for presumptive purposes under 38 CFR 3.309(d)
  • list of disabilities under 38 CFR 3.309(d) for which service connection (SC) is presumed
  • list of radiogenic disabilities under 38 CFR 3.311, and
  • provisions of PL 117-168.

Change Date

February 28, 2024

VIII.iii.4.C.1.a. Provisions of PL 98-542

Public Law (PL) 98-542, the Veterans' Dioxin and Radiation Exposure Compensation Standards Act, which was enacted on October 24, 1984, created several new provisions related to exposure to ionizing radiation. These provisions included
  • the first recognition of specific disabilities presumptive to radiation exposure incurred during atmospheric nuclear testing in Hiroshima and Nagasaki, Japan, and
  • creation of the Veterans' Advisory Committee on Environmental Hazards.
Under the PL, the following claims that were denied prior to October 24, 1984, are entitled to a de novo review:
  • claims for service connection (SC) based upon exposure to ionizing radiation as a consequence of service with the occupation forces of Hiroshima or Nagasaki, Japan, or
  • claims for SC based upon exposure to ionizing radiation in connection with nuclear testing.
Notes:
  • A de novo review is a new and complete review of an issue with no deference given to the previous decision.
  • The submission of new and relevant evidence is not a prerequisite for readjudication of these claims.
  • PL 98-542 was implemented through regulations on September 25, 1985, as historical 38 CFR 3.311b.
References: For more information on

VIII.iii.4.C.1.b. Provisions of PL 102-86

PL 102-86, the Veterans' Benefits Programs Improvement Act of 1991, effective August 14, 1991, extended eligibility to presumptive SC under 38 CFR 3.309(d) to individuals engaged in a radiation-risk activity during
  • active duty for training, or
  • inactive duty training.
Reference: For more information on claims under 38 CFR 3.309(d), see M21-1, Part VIII, Subpart iii, 4.A.

VIII.iii.4.C.1.c. History of Time Limits for Disease Manifestation for Presumptive Purposes Under 38 CFR 3.309(d)

Originally, in order to establish presumptive SC, the time limit for a disease listed under 38 CFR 3.309(d) to become manifest to a degree of 10 percent or more was
  • 30 years for leukemia, and
  • 40 years for all other diseases.
The presumptive period was extended to 40 years for leukemia effective August 14, 1991. Important: Effective October 1, 1992, a time limit for manifestation is not specified or required for any disease listed under 38 CFR 3.309(d).Reference: For more information on time limits for manifestation of disabilities under 38 CFR 3.311, see 38 CFR 3.311(b)(5).

VIII.iii.4.C.1.d. List of Disabilities Under 38 CFR 3.309(d) for Which SC Is Presumed

The table below lists the disabilities for which SC is presumed based on a Veteran’s participation in a radiation-risk activity under 38 CFR 3.309(d).
PL or Federal Register CitationPresumptive Disabilities Under 38 CFR 3.309(d)
PL 100-321 effective May 1, 1988
  • Cancer of the
    • bile ducts
    • breast
    • esophagus
    • gallbladder
    • pancreas
    • pharynx
    • small intestine
    • stomach, and
    • thyroid
    • leukemia, other than chronic lymphocytic leukemia (CLL)
    • lymphomas, except Hodgkin’s disease
    • multiple myeloma, and
    • primary liver cancer, except if cirrhosis or hepatitis B is indicated.
PL 102-578 effective October 1, 1992Cancer of the
  • salivary gland, and
  • urinary tract.
Note: The term urinary tract refers to the
  • kidneys
  • renal pelves
  • ureters
  • urinary bladder, and
  • urethra.

PL 106-117 effective November 30, 1999

Bronchiolo-alveolar carcinoma.
67 FR 3612-3616 effective March 26, 2002Cancer of the
  • bone
  • brain
  • colon
  • lung, and
  • ovary.
Reference: For more information on developing claims under 38 CFR 3.309(d), see M21-1, Part VIII, Subpart iii, 4.A.

VIII.iii.4.C.1.e. List of Radiogenic Disabilities Under 38 CFR 3.311

The table below lists the legislative history of radiogenic disabilities under 38 CFR 3.311.
Public Law/Federal Register CitationRadiogenic Disabilities Listed Under 38 CFR 3.311
PL 98-542, 50 FR 34459, effective August 26, 1985
  • All forms of leukemia except chronic lymphatic leukemia
  • cancer of the
    • thyroid
    • female breast
    • lung
    • bone
    • liver
    • skin
    • esophagus
    • stomach
    • colon
    • pancreas
    • kidney
    • urinary bladder, and
    • salivary gland, and
  • multiple myeloma.
54 FR 42803, effective October 18, 1989
  • All forms of leukemia except chronic lymphatic (lymphocytic) leukemia
  • breast cancer
  • posterior subcapsular cataracts, and
  • non-malignant thyroid nodular disease.
58 FR 16359, effective March 26, 1993
  • Ovarian cancer, and
  • parathyroid adenoma.
59 FR 45975, effective September 6, 1994Tumors of the brain and central nervous system.
60 FR 53277, effective October 13, 1995
  • Cancer of the rectum, and
  • lymphomas other than Hodgkin’s disease.
63 FR 50994, effective September 24, 1998
  • Prostate cancer, and
  • any other cancer
Reference: For more information on developing claims under 38 CFR 3.311, see M21-1, Part VIII, Subpart iii, 4.B.

VIII.iii.4.C.1.f. Provisions of PL 117-168

Effective August 10, 2022, PL 117-168, Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, or the Honoring our PACT Act of 2022, added new locations associated with radiation-risk activity as identified in 38 CFR 3.309(d)(3)(ii). The Jackson Regional Office will undertake the required development to the Department of War to recognize radiation-risk activity for any Veteran who is shown to have participated in one of the qualifying activities during the applicable time frame as shown in the table below.
ActivityDates
Clean up of Enewetak AtollJanuary 1, 1977, through December 31, 1980
Nuclear response near Palomares, SpainJanuary 17, 1966, to March 31, 1967
Nuclear response near Thule Air Force Base, GreenlandJanuary 21, 1968, to September 25, 1968
Reference: For more information on developing claims under 38 CFR 3.309(d), see M21-1, Part VIII, Subpart iii, 4.A.

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part VIII, Subpart iii, Chapter 4, Section C (U.S. government work, reproduced for reference). Browse all sections →