--- title: "Part VIII, Subpart iii, Chapter 4, Section A Developing Claims for Service Connection (SC) for Disabilities Resulting from Ionizing Radiation Exposure Under 38 CFR 3.309" document: "M-21-1" section: "Part VIII, Subpart iii, Chapter 4, Section A" canonical: "https://veteranai.co/va-regulations/m21-1/viii.iii.4.a-developing-claims-for-service-connection-sc-for-disabilities" source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177454/M21-1-Part-VIII-Subpart-iii-Chapter-4-Section-A-Developing-Claims-for-Service-Connection-SC-for-Disabilities-Resulting-from-Ionizing-Radiation-Exposure-Under-38-CFR-3309" updated: "2026-09-07T14:37:34.330273Z" --- April 3, 2023 ### VIII.iii.4.A.1.a. Presumption of SC Based on Participation in Certain Radiation-Risk Activities A Veteran may be eligible for presumptive service connection (SC) under [38 CFR 3.309(d)]() ([38 U.S.C. 1112]()) only if they participated in one of the radiation-risk activities identified in [38 CFR 3.309(d)(3)(ii)]().**Important:** As noted in M21-1, Part VIII, Subpart iii, 4.A.2.e, the Department of War (DOW) is the source of information concerning the Veteran’s participation in radiation-risk activity. **Reference:** For more information on non-presumptive claims due to toxic exposure risk activity such as radiation-risk activity, see the [_PACT Act Implementation SOP_](). ### VIII.iii.4.A.1.b. History of Presumptive SC Based on Participation in Radiation-Risk Activities Currently, there are 21 radiogenic diseases subject to presumptive SC in both live and death cases under [38 CFR 3.309(d)](). _Public Law (PL) 100-321_ , enacted May 1, 1988, initially established a presumption of SC for 13 disabilities. Eight additional disabilities were added following this original legislation.Prior to August 14, 1991, the presumption of SC applied only to Veterans exposed to ionizing radiation while on active duty._PL 102-86_ , enacted August 14, 1991, extended the presumption of SC to include persons exposed while on active duty for training or inactive duty for training._PL 117-168_ , enacted on August 10, 2022, expanded the locations associated with radiation-risk activity. **Reference:** For more information on the history of presumptive SC for radiogenic diseases, see [M21-1, Part VIII, Subpart iii, 4.C](). ### VIII.iii.4.A.1.c. Who Is Eligible for Benefits Under 38 CFR 3.309(d) Presumptive SC for the diseases listed in [38 CFR 3.309(d)(2)]() is available to Veterans involved in the radiation-risk activities specified in [38 CFR 3.309(d)(3)(ii)](). Veterans are eligible based on participation in a radiation-risk activity while serving on * active duty * active duty for training, or * inactive duty training. ## 2. Developing Claims for SC for Radiogenic Diseases Under 38 CFR 3.309(d) This topic contains information on developing claims for SC for radiogenic diseases under 38 CFR 3.309(d), including * 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. April 29, 2024 ### VIII.iii.4.A.2.a. Centralized Processing of Claims Based on Radiation Exposure In October 2006, the Department of Veterans Affairs (VA) centralized the processing of all claims for SC based on radiation exposure at the Jackson Regional Office (RO). The Jackson RO is responsible for developing and resolving * 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. **Notes:** * The station in receipt of a claim for SC based on radiation exposure must * first verify the existence of a radiogenic disease, then * add the _Radiation Radiogenic Disability Confirmed_ special issue indicator to the contention before the claim can be transferred to the Jackson RO for processing. * Following resolution of all pending issues, the Jackson RO will transfer the paper claims folder, if one exists, back to the station of origination. * Legacy appeals of radiation determinations, including remanded legacy appeals, are processed by Jackson RO. **Reference:** For more information on jurisdiction on claims and legacy appeals involving radiation exposure, see * [Part VIII, Subpart iii, 4.B.2.a]() * [M21-1, Part II, Subpart ii, 3.1.b]() * the [Office of Field Operations' RO special missions site](), and * [M21-5, Chapter 7, Section G.3.b](). ### VIII.iii.4.A.2.b. Criteria to Consider Before Beginning Development of a Claim for SC for a Radiogenic Disease Before undertaking development of a claim for SC for a radiogenic disease, the following criteria must be met: * 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)](). **Note:** Veterans seeking benefits in connection with exposure to nuclear radiation are authorized by the _Exposure to Nuclear Radiation and Department of Defense (DoD) Secrecy Agreement_ to divulge to the VA the name and location of their command, duties performed, dates of service, and related information necessary to validate exposure to nuclear radiation. **Reference:** For more information on the _Exposure to Nuclear Radiation and DoD Secrecy Agreement_ , see * [M21-1, Part VIII, Subpart iii, 4.B.1.e](), and * [M21-1, Part VIII, Subpart iii, 4.B.6](). ### VIII.iii.4.A.2.c. Action to Take if the Criteria for Development Are Not Met If one of the criteria listed in M21-1, Part VIII, Subpart iii, 4.A.2.b is 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](). **Important:** If a listed cancer is a metastasis of a primary cancer that has not been service-connected on the basis of exposure to ionizing radiation under the provisions of [38 CFR 3.309(d)]() or [38 CFR 3.311](), then SC cannot be awarded under these regulatory provisions. ### VIII.iii.4.A.2.d. Action to Take When Radiation Exposure Is Alleged, but No Disability Is Claimed A claim is not substantially complete if a Veteran alleges exposure to radiation during service, but does not claim SC for a specific disability. In cases such as these, follow the procedures for handling an incomplete application at [M21-1, Part II, Subpart iii, 1.C.2.b]().**Reference:** For more information on what constitutes a substantially complete application, see * [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 DOW is the source of information concerning the Veteran’s participation in radiation-risk activity. Send the following requests for verification of radiation-risk activity participation to the Defense Threat Reduction Agency (DTRA): * 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. **Address:** Defense Threat Reduction Agency ATTN: RD-NTSN Stop 6201 8725 John J. Kingman Road Ft. Belvoir, VA 22060-6201. **Notes:** * Direct any questions on requesting verification from DTRA to the [VAVBAWAS/CO/21Q&A]() mailbox. * Historical names for DTRA include the * Defense Special Weapons Agency * Defense Nuclear Agency * U.S. Army and Joint Services Environmental Support Group, and * Army/Navy Nuclear Test Personnel Review. **Reference:** For information on how to handle verification requests pertaining to participation in non-U.S _._ atmospheric nuclear weapons tests, see [M21-1, Part VIII, Subpart iii, 4.B.3.c](). ### VIII.iii.4.A.2.f. Information That Must Be Included in the Development Letter to DTRA Development letters to DTRA must contain the following information * 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. **Notes:** * 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.” ** _Reference_** : For an exhibit of the template used to request information from DTRA, see M21-1, Part VIII, Subpart iii, 4.A.3. ### VIII.iii.4.A.2.g. Additional Information to Include in the Development Letter to DTRA In addition to the development letter, enclose a copy of the claimant’s statement about their activities.Military personnel who served in Japan after the end of World War II _must_ have been a part of the occupation forces to be eligible for presumptive SC.If the claims folder contains _VA Form 21-3101, Request for Information_ , on which the National Personnel Records Center has stated that the Veteran was a member of the occupation forces of Japan, attach the _VA Form 21-3101_ to the request to DTRA.If development includes a request for a dose assessment under [38 CFR 3.311]() for disabilities not covered under [38 CFR 3.309(d)](), enclose copies of the available military documents provided by the claimant, such as the discharge certificate, orders, and other records in support of the claim, provided in response to development under [M21-1, Part VIII, Subpart iii, 4.B.4.a]().**Note:** If the claimant’s statement contains all the elements listed in M21-1, Part VIII, Subpart iii, 4.A.2.f, the requester may refer to the claimant’s statement rather than repeat the information in the development letter. Use the term, “ _attached document_ ” in the development letter when referring to the claimant’s statement. ## 3. Exhibit : Template for Requesting Verification of Participation in a Radiation-Risk Activity or Radiation Dose Information From DTRA January 12, 2022 ### VIII.iii.4.A.3.a. Exhibit: DTRA Request Template Below is the template for requesting verification of participation in a radiation-risk activity or radiation dose information from DTRA is shown below.**Note:** If additional disabilities are claimed under [38 CFR 3.311](), and a dose estimate is required, send a letter requesting dosimetry information to the appropriate service department as identified by [M21-1, Part VIII, Subpart iii, 4.B.4]() and [M21-1, Part VIII, Subpart iii, 4.B.3.f]().| **DEPARTMENT OF VETERANS AFFAIRS**[RO Name]**[RO Address]**[Date]** Defense Threat Reduction Agency In Reply Refer To: ATTN: RD-NTSN ** [RO #]** 8725 John J. Kingman Road, Stop 6201 **[File Number] ** Ft. Belvoir, VA 22060-6201 **[Veteran’s Name**]Dear Sir/Madam:We have received a claim for service connection under the provisions of 38 CFR 3.309 for conditions allegedly due to the Veteran’s participation in a radiation-risk activity.Veteran’s identifying information: ** [Enter Veteran’s full name]** [Enter VA claim number]** [Enter Social Security number] ** [Enter branch of service]** [Enter service number]** [Enter assigned unit at time of test]**[Enter full description of the Veteran’s duties and activities while a participant in the radiation-risk activity]** The alleged radiogenic disease is **[enter claimed radiogenic disease]**. A copy of the claimant’s statement is enclosed.**[Enter the claimant’s name and address]** Please verify the Veteran’s participation in the radiation-risk activity described above.Please send your reply to**[enter RO address, as shown below**]: Department of Veterans Affairs Regional Office 1600 E. Woodrow Wilson Ave Jackson, MS 39216Your assistance in this matter is appreciated. Sincerely yours, **[RO Director]**