Department of Veterans Affairs § 3.309

of therapy administered in connection Endocrinopathies. with a tropical disease or as a prevent- Epilepsies. ative, will be considered to have in- Hansen’s disease. curred such disability in service when Hodgkin’s disease. Leukemia. it is shown to exist to the degree of 10 Lupus erythematosus, systemic. percent or more within 1 year after Myasthenia gravis. separation from active service, or at a Myelitis. time when standard and accepted trea- Myocarditis. tises indicate that the incubation pe- Nephritis. riod commenced during active service Other organic diseases of the nervous sys- unless shown by clear and unmistak- tem. able evidence not to have been of serv- Osteitis deformans (Paget’s disease). Osteomalacia. ice origin. The requirement of 6 Palsy, bulbar. months or more service means active, Paralysis agitans. continuous service, during one or more Psychoses. enlistment periods. Purpura idiopathic, hemorrhagic. Raynaud’s disease. (Authority: 38 U.S.C. 1133) Sarcoidosis. [39 FR 34530, Sept. 26, 1974] Scleroderma. Sclerosis, amyotrophic lateral. § 3.309 Disease subject to presumptive Sclerosis, multiple. service connection. Syringomyelia. (a) Chronic diseases. The following Thromboangiitis obliterans (Buerger’s dis- ease). diseases shall be granted service con- Tuberculosis, active. nection although not otherwise estab- Tumors, malignant, or of the brain or spinal lished as incurred in service if mani- cord or peripheral nerves. fested to a compensable degree within Ulcers, peptic (gastric or duodenal) (A proper the applicable time limits under § 3.307 diagnosis of gastric or duodenal ulcer (pep- following service in a period of war or tic ulcer) is to be considered established if following peacetime service on or after it represents a medically sound interpreta- January 1, 1947, provided the rebut- tion of sufficient clinical findings war- table presumption provisions of § 3.307 ranting such diagnosis and provides an adequate basis for a differential diagnosis are also satisfied. from other conditions with like symptoma- Anemia, primary. tology; in short, where the preponderance Arteriosclerosis. of evidence indicates gastric or duodenal Arthritis. ulcer (peptic ulcer). Whenever possible, of Atrophy, progressive muscular. course, laboratory findings should be used Brain hemorrhage. in corroboration of the clinical data. Brain thrombosis. Bronchiectasis. (b) Tropical diseases. The following Calculi of the kidney, bladder, or gall- diseases shall be granted service con- bladder. nection as a result of tropical service, although not otherwise established as Cardiovascular-renal disease, includ- incurred in service if manifested to a ing hypertension. (This term applies to compensable degree within the applica- combination involvement of the type ble time limits under § 3.307 or § 3.308 of arteriosclerosis, nephritis, and or- following service in a period of war or ganic heart disease, and since hyper- following peacetime service, provided tension is an early symptom long pre- the rebuttable presumption provisions ceding the development of those dis- of § 3.307 are also satisfied. eases in their more obvious forms, a disabling hypertension within the 1- Amebiasis. year period will be given the same ben- Blackwater fever. efit of service connection as any of the Cholera. chronic diseases listed.) Dracontiasis. Dysentery. Cirrhosis of the liver. Filariasis. Coccidioidomycosis. Leishmaniasis, including kala-azar. Diabetes mellitus. Loiasis. Encephalitis lethargica residuals. Malaria. Endocarditis. (This term covers all forms of Onchocerciasis. valvular heart disease.) Oroya fever.

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Pinta. (2) The diseases referred to in para- Plague. graph (d)(1) of this section are the fol- Schistosomiasis. lowing: Yaws. (i) Leukemia (other than chronic Yellow fever. lymphocytic leukemia). Resultant disorders or diseases originating (ii) Cancer of the thyroid. because of therapy administered in connec- (iii) Cancer of the breast. tion with such diseases or as a preventative thereof. (iv) Cancer of the pharynx. (v) Cancer of the esophagus. (c) Diseases specific as to former pris- (vi) Cancer of the stomach. oners of war. If a veteran is: (1) A (vii) Cancer of the small intestine. former prisoner of war and; (2) as such (viii) Cancer of the pancreas. was interned or detained for not less (ix) Multiple myeloma. than 30 days, the following diseases (x) Lymphomas (except Hodgkin’s shall be service-connected if manifest disease). to a degree of 10 percent or more at any (xi) Cancer of the bile ducts. time after discharge or release from ac- (xii) Cancer of the gall bladder. tive military, naval, or air service even (xiii) Primary liver cancer (except if though there is no record of such dis- cirrhosis or hepatitis B is indicated). ease during service, provided the rebut- (xiv) Cancer of the salivary gland. table presumption provisions of § 3.307 (xv) Cancer of the urinary tract. are also satisfied. (xvi) Bronchiolo-alveolar carcinoma. (xvii) Cancer of the bone. Avitaminosis. Beriberi (including beriberi heart disease). (xviii) Cancer of the brain. Chronic dysentery. (xix) Cancer of the colon. Helminthiasis. (xx) Cancer of the lung. Malnutrition (including optic atrophy asso- (xxi) Cancer of the ovary. ciated with malnutrition). NOTE: For the purposes of this section, the Pellagra. term ‘‘urinary tract’’ means the kidneys, Any other nutritional deficiency. renal pelves, ureters, urinary bladder, and Psychosis. urethra. Any of the anxiety states. Dysthymic disorder (or depressive neurosis). (Authority: 38 U.S.C. 1112(c)(2)). Organic residuals of frostbite, if it is (3) For purposes of this section: determined that the veteran was in- (i) The term radiation-exposed veteran terned in climatic conditions con- means either a veteran who while serv- sistent with the occurrence of frost- ing on active duty, or an individual bite. who while a member of a reserve com- Post-traumatic osteoarthritis. ponent of the Armed Forces during a Irritable bowel syndrome. period of active duty for training or in- Peptic ulcer disease. active duty training, participated in a Peripheral neuropathy except where directly radiation-risk activity. related to infectious causes. (ii) The term radiation-risk activity NOTE: For purposes of this section, the means: term beriberi heart disease includes ischemic (A) Onsite participation in a test in- heart disease in a former prisoner of war who volving the atmospheric detonation of had experienced localized edema during cap- a nuclear device. tivity. (B) The occupation of Hiroshima or Nagasaki, Japan, by United States (Authority: 38 U.S.C. 1112) forces during the period beginning on (d) Diseases specific to radiation-ex- August 6, 1945, and ending on July 1, posed veterans. (1) The diseases listed in 1946. paragraph (d)(2) of this section shall be (C) Internment as a prisoner of war service-connected if they become mani- in Japan (or service on active duty in fest in a radiation-exposed veteran as Japan immediately following such in- defined in paragraph (d)(3) of this sec- ternment) during World War II which tion, provided the rebuttable presump- resulted in an opportunity for exposure tion provisions of §3.307 of this part are to ionizing radiation comparable to also satisfied. that of the United States occupation

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forces in Hiroshima or Nagasaki, through July 1, 1952, August 7, 1956, Japan, during the period beginning on through August 7, 1957, or November 1, August 6, 1945, and ending on July 1, 1958, through April 30, 1959. 1946. (D) Assignment to official military (D)(1) Service in which the service duties at Naval Shipyards involving member was, as part of his or her offi- the decontamination of ships that par- cial military duties, present during a ticipated in . total of at least 250 days before Feb- (v) For tests conducted by the United ruary 1, 1992, on the grounds of a gas- States, the term operational period eous diffusion plant located in Padu- means: cah, Kentucky, Portsmouth, Ohio, or (A) For Operation the pe- the area identified as K25 at Oak Ridge, riod July 16, 1945 through August 6, Tennessee, if, during such service the 1945. veteran: (B) For Operation CROSSROADS the (i) Was monitored for each of the 250 period July 1, 1946 through August 31, days of such service through the use of 1946. dosimetry badges for exposure at the plant of the external parts of veteran’s (C) For the body to radiation; or period April 15, 1948 through May 20, (ii) Served for each of the 250 days of 1948. such service in a position that had ex- (D) For the pe- posures comparable to a job that is or riod January 27, 1951 through February was monitored through the use of do- 6, 1951. simetry badges; or (E) For the (2) Service before January 1, 1974, on period April 8, 1951 through June 20, Island, Alaska, if, during 1951. such service, the veteran was exposed (F) For Operation BUSTER-JANGLE to ionizing radiation in the perform- the period October 22, 1951 through De- ance of duty related to the Long Shot, cember 20, 1951. Milrow, or Cannikin underground nu- (G) For Operation TUMBLER-SNAP- clear tests. PER the period April 1, 1952 through (3) For purposes of paragraph June 20, 1952. (d)(3)(ii)(D)(1) of this section, the term (H) For the period No- ‘‘day’’ refers to all or any portion of a vember 1, 1952 through December 31, calendar day. 1952. (iii) The term atmospheric detonation (I) For Operation UPSHOT-KNOT- includes underwater nuclear detona- HOLE the period March 17, 1953 tions. through June 20, 1953. (iv) The term onsite participation (J) For Operation CASTLE the period means: March 1, 1954 through May 31, 1954. (A) During the official operational (K) For the period period of an atmospheric nuclear test, February 18, 1955 through June 10, 1955. presence at the test site, or perform- (L) For Operation WIGWAM the pe- ance of official military duties in con- nection with ships, aircraft or other riod May 14, 1955 through May 15, 1955. equipment used in direct support of the (M) For Operation REDWING the pe- nuclear test. riod May 5, 1956 through August 6, 1956. (B) During the six month period fol- (N) For the lowing the official operational period period May 28, 1957 through October 22, of an atmospheric nuclear test, pres- 1957. ence at the test site or other test stag- (O) For Operation HARDTACK I the ing area to perform official military period April 28, 1958 through October duties in connection with completion 31, 1958. of projects related to the nuclear test (P) For Operation ARGUS the period including decontamination of equip- August 27, 1958 through September 10, ment used during the nuclear test. 1958. (C) Service as a member of the garri- (Q) For Operation HARDTACK II the son or maintenance forces on Eniwetok period September 19, 1958 through Oc- during the periods June 21, 1951, tober 31, 1958.

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(R) For I the pe- Type 2 diabetes (also known as Type II diabe- riod April 25, 1962 through December 31, tes mellitus or adult-onset diabetes) 1962. Hodgkin’s disease (S) For Operation DOMINIC II/PLOW- Multiple myeloma Non-Hodgkin’s lymphoma SHARE the period July 6, 1962 through Acute and subacute peripheral neuropathy August 15, 1962. Porphyria cutanea tarda (vi) The term ‘‘occupation of Hiro- Prostate cancer shima or Nagasaki, Japan, by United Respiratory cancers (cancer of the lung, States forces’’ means official military bronchus, larynx, or trachea) duties within 10 miles of the city limits Soft-tissue sarcoma (other than of either Hiroshima or Nagasaki, osteosarcoma, chondrosarcoma, Kaposi’s Japan, which were required to perform sarcoma, or mesothelioma) or support military occupation func- NOTE 1: The term ‘‘soft-tissue sarcoma’’ in- tions such as occupation of territory, cludes the following: control of the population, stabilization Adult fibrosarcoma of the government, demilitarization of Dermatofibrosarcoma protuberans the Japanese military, rehabilitation Malignant fibrous histiocytoma Liposarcoma of the infrastructure or deactivation Leiomyosarcoma and conversion of war plants or mate- Epithelioid leiomyosarcoma (malignant rials. leiomyoblastoma) (vii) Former prisoners of war who had Rhabdomyosarcoma an opportunity for exposure to ionizing Ectomesenchymoma radiation comparable to that of vet- Angiosarcoma (hemangiosarcoma and erans who participated in the occupa- lymphangiosarcoma) tion of Hiroshima or Nagasaki, Japan, Proliferating (systemic) by United States forces shall include angioendotheliomatosis Malignant glomus tumor those who, at any time during the pe- Malignant hemangiopericytoma riod August 6, 1945, through July 1, Synovial sarcoma (malignant synovioma) 1946: Malignant giant cell tumor of tendon sheath (A) Were interned within 75 miles of Malignant schwannoma, including malig- the city limits of Hiroshima or within nant schwannoma with rhabdomyoblastic 150 miles of the city limits of Nagasaki, differentiation (malignant Triton tumor), or glandular and epithelioid malignant (B) Can affirmatively show they schwannomas worked within the areas set forth in Malignant mesenchymoma Malignant granular cell tumor paragraph (d)(4)(vii)(A) of this section Alveolar soft part sarcoma although not interned within those Epithelioid sarcoma areas, or Clear cell sarcoma of tendons and (C) Served immediately following in- aponeuroses ternment in a capacity which satisfies Extraskeletal Ewing’s sarcoma the definition in paragraph (d)(4)(vi) of Congenital and infantile fibrosarcoma this section, or Malignant ganglioneuroma (D) Were repatriated through the NOTE 2: For purposes of this section, the port of Nagasaki. term acute and subacute peripheral neuropathy means transient peripheral neuropathy that appears within weeks or months of exposure (Authority: 38 U.S.C. 1110, 1112, 1131) to an herbicide agent and resolves within (e) Disease associated with exposure to two years of the date of onset. certain herbicide agents. If a veteran was (Authority: 38 U.S.C. 501(a) and 1116) exposed to an herbicide agent during active military, naval, or air service, [41 FR 55873, Dec. 23, 1976 and 47 FR 11656, Mar. 18, 1982, as amended at 47 FR 54436, Dec. the following diseases shall be service- 3, 1982; 49 FR 47003, Nov. 30, 1984; 53 FR 23236, connected if the requirements of June 21, 1988; 54 FR 26029, June 21, 1989; 57 FR § 3.307(a)(6) are met even though there 10426, Mar. 26, 1992; 58 FR 25564, Apr. 27, 1993; is no record of such disease during 58 FR 29109, May 19, 1993; 58 FR 41636, Aug. 5, service, provided further that the re- 1993; 59 FR 5107, Feb. 3, 1994; 59 FR 25329, May buttable presumption provisions of 16, 1994; 59 FR 29724, June 9, 1994; 59 FR 35465, § 3.307(d) are also satisfied. July 12, 1994; 60 FR 31252, June 14, 1995; 61 FR 57589, Nov. 7, 1996; 65 FR 43700, July 14, 2000; Chloracne or other acneform disease con- 66 FR 23168, May 8, 2001; 67 FR 3615, Jan. 25, sistent with chloracne 2002]

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