--- title: "Part VIII, Subpart iii, Chapter 4, Section C Rating Claims for Disabilities Associated With Radiation Exposure" document: "M-21-1" section: "Part VIII, Subpart iii, Chapter 4, Section C" canonical: "https://veteranai.co/va-regulations/m21-1/viii.iii.4.c-rating-claims-for-disabilities-associated-with-radiation" source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177456/M21-1-Part-VIII-Subpart-iii-Chapter-4-Section-C-Rating-Claims-for-Disabilities-Associated-With-Radiation-Exposure" updated: "2026-09-07T14:37:34.727538Z" --- 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 * radiogenic disabilities under [38 CFR 3.311](), see M21-1, Part VIII, Subpart iii, 4.C.1.e * presumptive disabilities under [38 CFR 3.309(d)](), see M21-1, Part VIII, Subpart iii, 4.C.1.d, and * developing claims under * [38 CFR 3.309(d)](), see [M21-1, Part VIII, Subpart iii, 4.A](), and * [38 CFR 3.311](), see [M21-1, Part VIII, Subpart iii, 4.B](). ### 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 Citation**| **Presumptive 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, 1992| Cancer 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, 2002| Cancer 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 Citation**| **Radiogenic 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, 1994| Tumors 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.| **Activity**| **Dates** Clean up of Enewetak Atoll| January 1, 1977, through December 31, 1980 Nuclear response near Palomares, Spain| January 17, 1966, to March 31, 1967 Nuclear response near Thule Air Force Base, Greenland| January 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]().