Revised February 28, 2024
VIII.iii.4.C.1.aProvisions 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
VIII.iii.4.C.1.bProvisions 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.cHistory 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.dList 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 |
|
PL 102-578 effective October 1, 1992 | Cancer of the
Note: The term urinary tract refers to the
|
PL 106-117 effective November 30, 1999 | Bronchiolo-alveolar carcinoma. |
67 FR 3612-3616 effective March 26, 2002 | Cancer of the
|
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.eList 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 |
|
54 FR 42803, effective October 18, 1989 |
|
58 FR 16359, effective March 26, 1993 |
|
59 FR 45975, effective September 6, 1994 | Tumors of the brain and central nervous system. |
60 FR 53277, effective October 13, 1995 |
|
63 FR 50994, effective September 24, 1998 |
|
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.fProvisions 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.
End of Part VIII, Subpart iii, Chapter 4, Section C