Department of Veterans Affairs § 3.311

Angiosarcoma (hemangiosarcoma and mate result of the service-connected lymphangiosarcoma) amputation or amputations. Proliferating (systemic) angioendotheliomatosis (Authority: 38 U.S.C. 501, 1110–1131) Malignant glomus tumor [44 FR 50340, Aug. 28, 1979, as amended at 66 Malignant hemangiopericytoma FR 18198, Apr. 6, 2001] Synovial sarcoma (malignant synovioma) Malignant giant cell tumor of tendon sheath § 3.311 Claims based on exposure to Malignant schwannoma, including malig- ionizing radiation. nant schwannoma with rhabdomyoblastic differentiation (malignant Triton tumor), (a) Determinations of exposure and glandular and epithelioid malignant dose—(1) Dose assessment. In all claims schwannomas in which it is established that a Malignant mesenchymoma radiogenic disease first became mani- Malignant granular cell tumor fest after service and was not manifest Alveolar soft part sarcoma to a compensable degree within any ap- Epithelioid sarcoma Clear cell sarcoma of tendons and plicable presumptive period as speci- aponeuroses fied in § 3.307 or § 3.309, and it is con- Extraskeletal Ewing’s sarcoma tended the disease is a result of expo- Congenital and infantile fibrosarcoma sure to ionizing radiation in service, an Malignant ganglioneuroma assessment will be made as to the size NOTE 2: For purposes of this section, the and nature of the radiation dose or term acute and subacute peripheral neuropathy doses. When dose estimates provided means transient peripheral neuropathy that pursuant to paragraph (a)(2) of this sec- appears within weeks or months of exposure to an herbicide agent and resolves within tion are reported as a range of doses to two years of the date of onset. which a veteran may have been ex- posed, exposure at the highest level of (Authority: 38 U.S.C. 501(a) and 1116) the dose range reported will be pre- [41 FR 55873, Dec. 23, 1976 and 47 FR 11656, sumed. Mar. 18, 1982, as amended at 47 FR 54436, Dec. 3, 1982; 49 FR 47003, Nov. 30, 1984; 53 FR 23236, (Authority: 38 U.S.C. 501) June 21, 1988; 54 FR 26029, June 21, 1989; 57 FR 10426, Mar. 26, 1992; 58 FR 25564, Apr. 27, 1993; (2) Request for dose information. Where 58 FR 29109, May 19, 1993; 58 FR 41636, Aug. 5, necessary pursuant to paragraph (a)(1) 1993; 59 FR 5107, Feb. 3, 1994; 59 FR 25329, May of this section, dose information will 16, 1994; 59 FR 29724, June 9, 1994; 59 FR 35465, be requested as follows: July 12, 1994; 60 FR 31252, June 14, 1995; 61 FR (i) Atmospheric nuclear weapons test 57589, Nov. 7, 1996; 65 FR 43700, July 14, 2000; 66 FR 23168, May 8, 2001; 67 FR 3615, Jan. 25, participation claims. In claims based 2002; 67 FR 67793, Nov. 7, 2002; 68 FR 42603, upon participation in atmospheric nu- July 18, 2003; 68 FR 59542, Oct. 16, 2003] clear testing, dose data will in all cases be requested from the appropriate of- § 3.310 Proximate results, secondary fice of the Department of Defense. conditions. (ii) Hiroshima and Nagasaki occupation (a) General. Except as provided in claims. In all claims based on participa- § 3.300(c), disability which is proxi- tion in the American occupation of mately due to or the result of a serv- Hiroshima or Nagasaki, Japan, prior to ice-connected disease or injury shall be July 1, 1946, dose data will be requested service connected. When service con- from the Department of Defense. nection is thus established for a sec- (iii) Other exposure claims. In all other ondary condition, the secondary condi- claims involving radiation exposure, a tion shall be considered a part of the request will be made for any available original condition. records concerning the veteran’s expo- (b) Cardiovascular disease. Ischemic sure to radiation. These records nor- heart disease or other cardiovascular mally include but may not be limited disease developing in a veteran who has to the veteran’s Record of Occupa- a service-connected amputation of one tional Exposure to Ionizing Radiation lower extremity at or above the knee (DD Form 1141), if maintained, service or service-connected amputations of medical records, and other records both lower extremities at or above the which may contain information per- ankles, shall be held to be the proxi- taining to the veteran’s radiation dose

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