NON-PRESUMPTIVE DISEASES:

38CFR Sec. 3.311 Claims based on exposure to radiation.
Authority: PL 98-542 (Public Law)  and   38U.S.C. 501 (United States Code)
Based on Public Law   (P.L. 98-542)
(Current as of March 2000)

The following is a brief overview of this CFR section, for reference purposes only.
For any other use read the official publication. ----SEE LINK BELOW ---- Updated each July

SEE: Most recent available citation: CFR Title 38,Part 3, Section 311 (text)


These medical conditions are considered to be radiogenic diseases.
Claims require the following evidence:

"Radiogenic disease means a disease that may be induced by ionizing radiation and shall include the following":

Paragraph (4)(i) and (ii) states:
(i)"If military records do not establish presence at or absence from a site at which exposure to radiation is claimed to have occurred, the veteran's presence at the site will be conceded." [ to grant, yield or acknowledge as true ]
(ii)"Neither the veteran nor the veteran's survivors may be required to produce evidence substantiating exposure if the information in the veteran's service records or other records maintained by the Department of Defense is consistent with the claim that the veteran was present where and when the claimed exposure occurred."

Paragraph (4) appears to be a distinct contradiction to the requirement to prove presence. The DVA's interpretation of this paragraph has been a long standing issue of contention and disagreement.

Another issue of argument is the use of the DOD or DNA records of radiation exposure levels. The Department of Veterans Affairs acknowledges that the reconstructed doses are only approximate and are not credible or useful in accurately determining participant radiation exposure levels. This issue has long been debated in Congress with the intent to eliminate the requirement to prove LEVELS of exposure.


38CFR3.309 "Presumptive Diseases"

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