
[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38 CFR 3.309]
[Page 237-238]
TITLE 38 -- PENSIONS, BONUSES, AND VETERANS' RELIEF
CHAPTER I --
DEPARTMENT OF VETERANS AFFAIRS
PART 3 -- ADJUDICATION -- Table of Contents
Subpart A -- Pension, Compensation, and Dependency and Indemnity Compensation
Sec. 3.309 Disease subject to presumptive service connection.
(a) Chronic diseases. The following diseases shall be granted
service connection although not otherwise established as incurred in or
aggravated by service if manifested to a compensable degree within the
applicable time limits under Sec. 3.307 following service in a period of
war or following peacetime service on or after January 1, 1947, provided
the rebuttable presumption provisions of Sec. 3.307 are also satisfied.
Anemia, primary.
Arteriosclerosis.
Arthritis.
Atrophy, progressive muscular.
Brain hemorrhage.
Brain thrombosis.
Bronchiectasis.
Calculi of the kidney, bladder, or gallbladder.
Cardiovascular-renal disease, including hypertension. (This term
applies to combination involvement of the type of arteriosclerosis,
nephritis, and organic heart disease, and since hypertension is an early
symptom long preceding the development of those diseases in their more
obvious forms, a disabling hypertension within the 1-year period will be
given the same benefit of service connection as any of the chronic
diseases listed.)
Cirrhosis of the liver.
Coccidioidomycosis.
Diabetes mellitus. Also known as Diabetes Type II. See Secondary Conditions.
DID YOU KNOW?
At one time, VA adjudicators, staffers; management didn't know Type I from Type II.
That's a fact/Jack. If you applied for Type II (Mellitus,) and
was taking insulin, they would deny you saying you had Type I.
Yep. Even today, the VA called me in for a bi-annual "evaluation"
of my kidney failure condition .. as if it was going to get better (i wish.)
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Encephalitis lethargica residuals.
Endocarditis. (This term covers all forms of valvular heart disease.)
Endocrinopathies.
Epilepsies.
Hansen's disease.
Hodgkin's disease.
Leukemia.
Lupus erythematosus, systemic.
Myasthenia gravis.
Myelitis.
Myocarditis.
Nephritis.
Other organic diseases of the nervous system.
Osteitis deformans (Paget's disease).
Osteomalacia.
Palsy, bulbar.
Paralysis agitans.
Psychoses.
Purpura idiopathic, hemorrhagic.
Raynaud's disease.
Sarcoidosis.
Scleroderma.
Sclerosis, amyotrophic lateral.
Sclerosis, multiple.
Syringomyelia.
Thromboangiitis obliterans (Buerger's disease).
Tuberculosis, active.
Tumors, malignant, or of the brain or spinal cord or peripheral nerves.
Ulcers, peptic (gastric or duodenal) (A proper diagnosis of gastric or
duodenal ulcer (peptic ulcer) is to be considered established if it
represents a medically sound interpretation of sufficient clinical
findings warranting such diagnosis and provides an adequate basis for a
differential diagnosis from other conditions with like symptomatology;
in short, where the preponderance of evidence indicates gastric or
duodenal ulcer (peptic ulcer). Whenever possible, of course, laboratory
findings should be used in corroboration of the clinical data.
(b) Tropical diseases. The following diseases shall be granted
service connection as a result of tropical service, although not
otherwise established as incurred in service if manifested to a
compensable degree within the applicable time limits under Sec. 3.307 or
Sec. 3.308 following service in a period of war or following peacetime
service, provided the rebuttable presumption provisions of Sec. 3.307
are also satisfied.
Amebiasis.
Blackwater fever.
[[Page 239]]
Cholera.
Dracontiasis.
Dysentery.
Filariasis.
Leishmaniasis, including kala-azar.
Loiasis.
Malaria.
Onchocerciasis.
Oroya fever.
Pinta.
Plague.
Schistosomiasis.
Yaws.
Yellow fever.
Resultant disorders or diseases originating because of therapy
administered in connection with such diseases or as a preventative
thereof.
(c) Diseases specific as to former prisoners of war. If a veteran
is: (1) A former prisoner of war and; (2) as such was interned or
detained for not less than 30 days, the following diseases shall be
service-connected if manifest to a degree of 10 percent or more at any
time after discharge or release from active military, naval, or air
service even though there is no record of such disease during service,
provided the rebuttable presumption provisions of Sec. 3.307 are also
satisfied.
Avitaminosis.
Beriberi (including beriberi heart disease).
Chronic dysentery.
Helminthiasis.
Malnutrition (including optic atrophy associated with malnutrition).
Pellagra.
Any other nutritional deficiency.
Psychosis.
Any of the anxiety states.
Dysthymic disorder (or depressive neurosis).
Organic residuals of frostbite, if it is determined that the veteran was
interned in climatic conditions consistent with the occurrence of
frostbite.
Post-traumatic osteoarthritis.
Irritable bowel syndrome.
Peptic ulcer disease.
Peripheral neuropathy except where directly related to infectious
causes.
Note: For purposes of this section, the term beriberi heart disease
includes ischemic heart disease in a former prisoner of war who had
experienced localized edema during captivity.
(Authority: 38 U.S.C. 1112)
(d) Diseases specific to radiation-exposed veterans. (1) The
diseases listed in paragraph (d)(2) of this section shall be service-
connected if they become manifest in a radiation-exposed veteran as
defined in paragraph (d)(3) of this section, provided the rebuttable
presumption provisions of Sec. 3.307 of this part are also satisfied.
(2) The diseases referred to in paragraph (d)(1) of this section are
the following:
(i) Leukemia (other than chronic lymphocytic leukemia).
(ii) Cancer of the thyroid.
(iii) Cancer of the breast.
(iv) Cancer of the pharynx.
(v) Cancer of the esophagus.
(vi) Cancer of the stomach.
(vii) Cancer of the small intestine.
(viii) Cancer of the pancreas.
(ix) Multiple myeloma.
(x) Lymphomas (except Hodgkin's disease).
(xi) Cancer of the bile ducts.
(xii) Cancer of the gall bladder.
(xiii) Primary liver cancer (except if cirrhosis or hepatitis B is
indicated).
(xiv) Cancer of the salivary gland.
(xv) Cancer of the urinary tract.
(xvi) Bronchiolo-alveolar carcinoma.
(xvii) Cancer of the bone.
(xviii) Cancer of the brain.
(xix) Cancer of the colon.
(xx) Cancer of the lung.
(xxi) Cancer of the ovary.
Note: For the purposes of this section, the term ``urinary tract''
means the kidneys, renal pelves, ureters, urinary bladder, and urethra.
(Authority: 38 U.S.C. 1112(c)(2)).
(3) For purposes of this section:
(i) The term radiation-exposed veteran means either a veteran who
while serving on active duty, or an individual who while a member of a
reserve component of the Armed Forces during a period of active duty for
training or inactive duty training, participated in a radiation-risk
activity.
(ii) The term radiation-risk activity means:
(A) Onsite participation in a test involving the atmospheric
detonation of a nuclear device.
(B) The occupation of Hiroshima or Nagasaki, Japan, by United States
forces during the period beginning on August 6, 1945, and ending on July
1, 1946.
(C) Internment as a prisoner of war in Japan (or service on active
duty in
[[Page 240]]
Japan immediately following such internment) during World War II which
resulted in an opportunity for exposure to ionizing radiation comparable
to that of the United States occupation forces in Hiroshima or Nagasaki,
Japan, during the period beginning on August 6, 1945, and ending on July
1, 1946.
(D)(1) Service in which the service member was, as part of his or
her official military duties, present during a total of at least 250
days before February 1, 1992, on the grounds of a gaseous diffusion
plant located in Paducah, Kentucky, Portsmouth, Ohio, or the area
identified as K25 at Oak Ridge, Tennessee, if, during such service the
veteran:
(i) Was monitored for each of the 250 days of such service through
the use of dosimetry badges for exposure at the plant of the external
parts of veteran's body to radiation; or
(ii) Served for each of the 250 days of such service in a position
that had exposures comparable to a job that is or was monitored through
the use of dosimetry badges; or
(2) Service before January 1, 1974, on Amchitka Island, Alaska, if,
during such service, the veteran was exposed to ionizing radiation in
the performance of duty related to the Long Shot, Milrow, or Cannikin
underground nuclear tests.
(3) For purposes of paragraph (d)(3)(ii)(D)(1) of this section, the
term ``day'' refers to all or any portion of a calendar day.
(iii) The term atmospheric detonation includes underwater nuclear
detonations.
(iv) The term onsite participation means:
(A) During the official operational period of an atmospheric nuclear
test, presence at the test site, or performance of official military
duties in connection with ships, aircraft or other equipment used in
direct support of the nuclear test.
(B) During the six month period following the official operational
period of an atmospheric nuclear test, presence at the test site or
other test staging area to perform official military duties in
connection with completion of projects related to the nuclear test
including decontamination of equipment used during the nuclear test.
(C) Service as a member of the garrison or maintenance forces on
Eniwetok during the periods June 21, 1951, through July 1, 1952, August
7, 1956, through August 7, 1957, or November 1, 1958, through April 30,
1959.
(D) Assignment to official military duties at Naval Shipyards
involving the decontamination of ships that participated in Operation
Crossroads.
(v) For tests conducted by the United States, the term operational
period means:
(A) For Operation TRINITY the period July 16, 1945 through August 6,
1945.
(B) For Operation CROSSROADS the period July 1, 1946 through August
31, 1946.
(C) For Operation SANDSTONE the period April 15, 1948 through May
20, 1948.
(D) For Operation RANGER the period January 27, 1951 through
February 6, 1951.
(E) For Operation GREENHOUSE the period April 8, 1951 through June
20, 1951.
(F) For Operation BUSTER-JANGLE the period October 22, 1951 through
December 20, 1951.
(G) For Operation TUMBLER-SNAPPER the period April 1, 1952 through
June 20, 1952.
(H) For Operation IVY the period November 1, 1952 through December
31, 1952.
(I) For Operation UPSHOT-KNOTHOLE the period March 17, 1953 through
June 20, 1953.
(J) For Operation CASTLE the period March 1, 1954 through May 31,
1954.
(K) For Operation TEAPOT the period February 18, 1955 through June
10, 1955.
(L) For Operation WIGWAM the period May 14, 1955 through May 15,
1955.
(M) For Operation REDWING the period May 5, 1956 through August 6,
1956.
(N) For Operation PLUMBBOB the period May 28, 1957 through October
22, 1957.
(O) For Operation HARDTACK I the period April 28, 1958 through
October 31, 1958.
(P) For Operation ARGUS the period August 27, 1958 through September
10, 1958.
[[Page 241]]
(Q) For Operation HARDTACK II the period September 19, 1958 through
October 31, 1958.
(R) For Operation DOMINIC I the period April 25, 1962 through
December 31, 1962.
(S) For Operation DOMINIC II/PLOWSHARE the period July 6, 1962
through August 15, 1962.
(vi) The term ``occupation of Hiroshima or Nagasaki, Japan, by
United States forces'' means official military duties within 10 miles of
the city limits of either Hiroshima or Nagasaki, Japan, which were
required to perform or support military occupation functions such as
occupation of territory, control of the population, stabilization of the
government, demilitarization of the Japanese military, rehabilitation of
the infrastructure or deactivation and conversion of war plants or
materials.
(vii) Former prisoners of war who had an opportunity for exposure to
ionizing radiation comparable to that of veterans who participated in
the occupation of Hiroshima or Nagasaki, Japan, by United States forces
shall include those who, at any time during the period August 6, 1945,
through July 1, 1946:
(A) Were interned within 75 miles of the city limits of Hiroshima or
within 150 miles of the city limits of Nagasaki, or
(B) Can affirmatively show they worked within the areas set forth in
paragraph (d)(4)(vii)(A) of this section although not interned within
those areas, or
(C) Served immediately following internment in a capacity which
satisfies the definition in paragraph (d)(4)(vi) of this section, or
(D) Were repatriated through the port of Nagasaki.
(Authority: 38 U.S.C. 1110, 1112, 1131)
(e) Disease associated with exposure to certain herbicide agents. If
a veteran was exposed to an herbicide agent during active military,
naval, or air service, the following diseases shall be service-connected
if the requirements of Sec. 3.307(a)(6) are met even though there is no
record of such disease during service, provided further that the
rebuttable presumption provisions of Sec. 3.307(d) are also satisfied.
Chloracne or other acneform disease consistent with chloracne
Type 2 diabetes (also known as Type II diabetes mellitus or adult-onset
diabetes)
Hodgkin's disease
Multiple myeloma
Non-Hodgkin's lymphoma
Acute and subacute peripheral neuropathy
Porphyria cutanea tarda
Prostate cancer
Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea)
Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's
sarcoma, or mesothelioma)
Note 1: The term ``soft-tissue sarcoma'' includes the following:
Adult fibrosarcoma
Dermatofibrosarcoma protuberans
Malignant fibrous histiocytoma
Liposarcoma
Leiomyosarcoma
Epithelioid leiomyosarcoma (malignant leiomyoblastoma)
Rhabdomyosarcoma
Ectomesenchymoma
Angiosarcoma (hemangiosarcoma and lymphangiosarcoma)
Proliferating (systemic) angioendotheliomatosis
Malignant glomus tumor
Malignant hemangiopericytoma
Synovial sarcoma (malignant synovioma)
Malignant giant cell tumor of tendon sheath
Malignant schwannoma, including malignant schwannoma with
rhabdomyoblastic differentiation (malignant Triton tumor), glandular and
epithelioid malignant schwannomas
Malignant mesenchymoma
Malignant granular cell tumor
Alveolar soft part sarcoma
Epithelioid sarcoma
Clear cell sarcoma of tendons and aponeuroses
Extraskeletal Ewing's sarcoma
Congenital and infantile fibrosarcoma
Malignant ganglioneuroma
Note 2: For purposes of this section, the term acute and subacute
peripheral neuropathy means transient peripheral neuropathy that appears
within weeks or months of exposure
[[Page 242]]
to an herbicide agent and resolves within two years of the date of
onset.
(Authority: 38 U.S.C. 501(a) and 1116)
[41 FR 55873, Dec. 23, 1976 and 47 FR 11656, Mar. 18, 1982, as amended
at 47 FR 54436, Dec. 3, 1982; 49 FR 47003, Nov. 30, 1984; 53 FR 23236,
June 21, 1988; 54 FR 26029, June 21, 1989; 57 FR 10426, Mar. 26, 1992;
58 FR 25564, Apr. 27, 1993; 58 FR 29109, May 19, 1993; 58 FR 41636, Aug.
5, 1993; 59 FR 5107, Feb. 3, 1994; 59 FR 25329, May 16, 1994; 59 FR
29724, June 9, 1994; 59 FR 35465, July 12, 1994; 60 FR 31252, June 14,
1995; 61 FR 57589, Nov. 7, 1996; 65 FR 43700, July 14, 2000; 66 FR
23168, May 8, 2001; 67 FR 3615, Jan. 25, 2002; 67 FR 67793, Nov. 7,
2002]
Editorial Note: For Federal Register citations affecting Sec. 3.1,
see the List of Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.
PART I -- DEPT OF VA
CFR


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