Part IV, Subpart ii, Chapter 2, Section C. Service ...

1 Part IV, Subpart ii, Chapter 2, Section C. Service Connection for to environmental hazards or Service in the Republic of Vietnam (RVN) This is the html version of the file automatically generates html versions of documents as we crawl the C. Service Connection for Disabilities Resulting From Exposure to environmental hazards or Service in the Republic of Vietnam (RVN)Overview In this SectionThis Section contains the following topics: TopicTopic NameSee Page8 Service Connection for Disabilities Resulting From Exposure to Ionizing Radiation2-C-29 Service Connection for Disabilities Resulting From Exposure to Asbestos2-C-510 Service Connection for Disabilities Resulting From Exposure to Herbicides or Based on Service in the Republic of Vietnam (RVN)2-C-1011 Payment Under the Nehmer Stipulation for Disabilities Resulting From Exposure to Herbicides2-C-3012 Payment to the Survivors or Estate of a Nehmer Class Member2-C-36 8.

2 Service Connection for Disabilities Resulting From Exposure to Ionizing Radiation :7m6walY1 +board+1968+agent+orange&cd=2&hl=en&ct=c lnk&gl=us (1 of 41)12/31/2009 3:27:25 PMPart IV, Subpart ii, Chapter 2, Section C. Service Connection for to environmental hazards or Service in the Republic of Vietnam (RVN) IntroductionThis topic contains information on Service connection for disabilities resulting from exposure to ionizing radiation, including the l provisions ofl Public Law (PL) 98-542, andl PL 102-86, andl history of time limits for disease manifestation, andl list of presumptive disabilities under 38 CFR (d).

3 Change DateDecember 13, 2005 a. Provisions of PL 98-542 Under Public Law (PL) 98-542, the Veterans Dioxin and Radiation Exposure Compensation Standards Act, which was enacted on October 24, 1984, the following claims that were denied prior to October 24, 1984, are entitled to a de novo review: l claims for Service connection based upon exposure to ionizing radiation as a consequence of Service with the occupation forces of Hiroshima or Nagasaki, Japan, or l claims for Service connection based upon exposure to ionizing radiation in connection with nuclear testing. Notes:l A de novo review is a new and complete review of an issue with no deference given to the previous It is not necessary for the claimant to submit new and material evidence to reopen these claims.

4 B. Provisions of PL 102-86PL 102-86, effective August 14, 1991, extended eligibility to presumptive Service connection to individuals engaged in a radiation-risk activity during l active duty for training, orl inactive duty on next :7m6walY1 +board+1968+agent+orange&cd=2&hl=en&ct=c lnk&gl=us (2 of 41)12/31/2009 3:27:25 PMPart IV, Subpart ii, Chapter 2, Section C. Service Connection for to environmental hazards or Service in the Republic of Vietnam (RVN) 8. Service Connection for Disabilities Resulting From Exposure to Ionizing Radiation, Continuedc. History of Time Limits for Disease ManifestationOriginally, in order to establish presumptive Service connection, the time limit for a disease listed under 38 CFR (d) to become manifest to a degree of 10 percent or more was l 30 years for leukemia, andl 40 years for all other diseases.

5 Then, the presumptive period was extended to 40 years for leukemia effective August 14, 1991. Effective October 1, 1992, a time limit for manifestation is not specified or required for any disease under listed 38 CFR (d). d. List of Disabilities Under 38 CFR (d) for Which Service Connection Is PresumedThe table below lists the disabilities for which Service connection is presumed based on a veteran s exposure to ionizing radiation under 38 CFR (d). Public Law or Federal Register CitationPresumptive Disabilities Under 38 CFR (d) :7m6walY1 +board+1968+agent+orange&cd=2&hl=en&ct=c lnk&gl=us (3 of 41)12/31/2009 3:27:25 PMPart IV, Subpart ii, Chapter 2, Section C.

6 Service Connection for to environmental hazards or Service in the Republic of Vietnam (RVN) PL 100-321 effective May 1, 1988l Cancer of the l bile ductsl breastl esophagusl gall bladderl pancreasl pharynxl small intestinel stomach, andl thyroidl leukemia, other than chronic lymphocytic leukemial lymphomas, except Hodgkin s diseasel multiple myeloma, andl primary liver cancer, except if cirrhosis or hepatitis B is on next page 8. Service Connection for Disabilities Resulting From Exposure to Ionizing Radiation, Continuedd.

7 List of Disabilities Under 38 CFR (d) for Which Service Connection Is Presumed (continued) Public Law or Federal Register CitationPresumptive Disabilities Under 38 CFR (d)PL 102-578 effective October 1, 1992 Cancer of the l salivary gland, andl urinary tract. Note: The term urinary tract refers to the l kidneysl renal pelvesl uretersl urinary bladder, andl :7m6walY1 +board+1968+agent+orange&cd=2&hl=en&ct=c lnk&gl=us (4 of 41)12/31/2009 3:27:25 PMPart IV, Subpart ii, Chapter 2, Section C. Service Connection for to environmental hazards or Service in the Republic of Vietnam (RVN) 67 FR 3612-3616 effective March 26, 2002l Bronchiolo-alveolar carcinoma, andl cancer of thel bonel brainl colonl lung, andl ovary.

8 9. Service Connection for Disabilities Resulting From Exposure to Asbestos IntroductionThis topic contains information on Service connection for disabilities resulting from exposure to asbestos, including l the definition of asbestosl the general effects of asbestos exposurel specific details on disease resulting from exposure to asbestosl occupational exposure and exposure during World War II (WWII)l the latent period for development of diseasel the diagnostic indicators of asbestosisl considering Service connection for exposure to asbestos during Service , andl rating disabilities caused by exposure to asbestos.

9 Change DateDecember 13, 2005 a. Definition: Asbestos Asbestos is a fibrous form of silicate mineral of varied chemical composition and physical configuration, derived from serpentine and amphibole ore bodies. Common materials that may contain asbestos include l steam pipes for heating units and boilersl ceiling tilesl roofing shinglesl wallboardl fire-proofing materials, andl thermal :7m6walY1 +board+1968+agent+orange&cd=2&hl=en&ct=c lnk&gl=us (5 of 41)12/31/2009 3:27:25 PMPart IV, Subpart ii, Chapter 2, Section C. Service Connection for to environmental hazards or Service in the Republic of Vietnam (RVN) Note: Due to concerns about the safety of asbestos, the use of materials containing asbestos has declined in the United States since the on next page 9.

10 Service Connection for Disabilities Resulting From Exposure to Asbestos, Continuedb. General Effects of Asbestos ExposureAsbestos fiber masses have a tendency to break easily into tiny dust particles that can float in the air, stick to clothes, and may be inhaled or swallowed. Inhalation of asbestos fibers can produce l fibrosis, the most commonly occurring of which is interstitial pulmonary fibrosis, or asbestosis l tumorsl pleural effusions and fibrosisl pleural plaquesl mesotheliomas of pleura and peritoneuml cancers of the l lungl bronchusl gastrointestinal tractl larynxl pharynx, and l urogenital system, except the prostate.