Rating Claims for Disabilities Associated

What this means

m21-1:VIII.iii.4.C explains rating claims for disabilities associated with radiation exposure. In plain terms, the official guidance says 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 It also addresses 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

How this may help with a claim

Use m21-1:VIII.iii.4.C when organizing evidence or checking VA's handling of rating claims for disabilities associated with radiation exposure. Compare your application, supporting records, and notice with this source-specific point: 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. 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 Save proof of submission and identify the exact condition, exception, or missing development step before requesting correction or choosing a review option.

What to review in your file

Check the file against this official condition: The submission of new and relevant evidence is not a prerequisite for readjudication of these claims.
Confirm that the record or notice addresses this source point: Effective October 1, 1992, a time limit for manifestation is not specified or required for any disease listed under 38 CFR 3.309(d).
Document how this stated step or exception applies: 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.;

Important limits

m21-1:VIII.iii.4.C explains VA guidance for rating claims for disabilities associated with radiation exposure; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: 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. 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).

Search terms when useful

Phrases that may help when searching your claim file or this library.

Rating Claims for Disabilities Associated With Radiation Exposure
m21-1:VIII.iii.4.C
Rating Claims Disabilities
Associated Radiation Exposure
This Section This section
Rating Claims Disabilities Associated
provisions
Public 98-542

Original VA guidance

The official VA text of this section

Overview

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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.

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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

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).

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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.

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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.

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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.