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Improving the Presumptive Disability Decision-Making Process for Veterans (2008)

Chapter: Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History

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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Appendix F
Tables: Summary of Presumptive Disability Decision-Making Legislative History

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

TABLE F-1 Summary of PDDM Legislative History (by Date)

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

August 9, 1921

Veterans’ Bureau. Public Law 67-47. 1921. 67th Cong., 1st Sess. Ch. 57, Sec. 18, 42 Stat. 147, 153

Chronic Diseases:

  • Neuropsychiatric disease [later called psychoses]

  • Tuberculosis, pulmonary (active) [March 4, 1923 Act expanded the presumption to include all forms of active tuberculosis]

Disease contracted during active military service

On or after April 6, 1917

Within 2 years after separation from active military or naval service

 

Or Discharged or resigned active service on or before November 11, 1918

Characteristic manifestations of the disease to 10 percent or more

November 12, 1921

Internal Memorandum implementing Veterans’ Bureau Regulation No. 11

Chronic Constitutional Diseases:

  • Anemia (primary)

  • Arteriosclerosis

  • Beriberi

  • Diabetes insipidus

  • Diabetes mellitus

  • Endocrinopathies

  • Gout

  • Hemochromatosis

  • Hemoglobinuria (paroxysmal)

  • Hemophilia

  • Hodgkin’s disease

  • Leukemia (all types)

  • Ochronosis

  • Pellagra

  • Polycythemia (erythremia)

  • Purpura

  • Rickets

  • Scurvy

Chronic constitutional disease contracted during active military service

 

Within 1 year after the date of separation from service

November 12, 1921, stated connection to active military service

December 2, 1921

Office Memorandum No. 36

And Constitutional diseases were defined on December 2, 1921

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

June 7, 1924

World War Veterans’ Act, 1924. Public Law 68-242. 68th Cong., 1st Sess. Title II. Compensation and Treatment. Ch. 320 Sec. 200, 43 Stat. 607, 615

Chronic Diseases:

  • Dysentery (amebic) (tropical disease added as chronic disease)

  • Encephalitis lethargica

  • Neuropsychiatric disease

  • Paralysis agitans

  • Tuberculous (active)

Disease contracted during active military or naval service

Between April 6, 1917, and July 2, 1921

By January 1, 1925

 

Or Discharged or resigned prior to July 2, 1921

Characteristic manifestations of the disease to 10 percent or more

Or Discharged or resigned on or before November 11, 1918, or on or after July 2, 1921

1925

Veterans’ Bureau Schedule for Rating Disabilities (based upon the WW Veterans Act, 1924)

Constitutional Diseases:

  • Arthritis (deformans and chronic)

  • Carcinoma, sarcoma, and other tumors

  • Cardiovascular-renal disease, including hypertension

  • Endocarditis, chronic

  • Leprosy (tropical disease added as a chronic disease)

  • Myocarditis, chronic

  • Nephritis, chronic forms

(was not carried forward,

  • cholecystitis, chronic, proceeding to gall-stone formation

Disease contracted during military or naval services in the World War I

During World War I

Characteristic manifestation within 1 year from date of separation from active service

Or If medical evidence affirmatively establishes conclusive service connection after 1 year of separation

Amends list of constitutional diseases

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

  • nephrolithiasis

  • valvulitis, chronic)

 

 

 

 

November 2, 1928

Veterans’ Bureau Schedule of Disability Ratings, Extension 6

  • Ulcers (gastric or duodenal)

 

 

Manifest within 6 months from discharge from military service and shown present within 1 year after discharge

Establishes service connection for ulcers

April 12, 1933

Executive Order 6089. Instruction No. 2, Implementing Vet. Reg. No. 1. April 12, 1933

Chronic Diseases

  • Epilepsies

  • Organic diseases of the nervous system

 

 

Tuberculosis: Manifest to a degree of 10 percent within 1 year of discharge; second-year diagnoses presumptive if at 6 months for minimal cases, 9 months for moderately advanced cases, and 12 months for far advanced cases

Amends list of chronic diseases and presumption of tuberculosis Carried forward prior presumptions of chronic diseases except rickets, obesity, acidosis, beriberi, chronic cholecystitis, diabetes insipidus, gout, hemophilia, hemochromatosis, hemoglobinuria, nephrolithiasis, ochronosis, pellagra, purpura, scurvy, polycythemia (erythremia), and chronic valvulitis

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

August 14, 1935

Executive Order 6089. Instruction No. 2-A, Implementing Vet. Reg. No. 1. August 14, 1935

Chronic Diseases:

  • Osteitis deformans (Paget’s disease)

 

 

 

Amends list of chronic diseases

December 28, 1945

VA Circular No. 8, section I

Tropical Diseases:

  • Malaria

Disease contracted during active

 

Within 1 year after separation of active service military service

 

January 3, 1947

Disability ratings for malaria and chronic diseases characteristically tropical in origin. Veterans Administration Technical Bulletin 8-6. Washington, DC: VA

Tropical Diseases:

  • Dysentery (amebic, bacillary)

  • Filariasis (Bancroft’s type)

  • Leishmaniasis (including kala-azar)

  • Malaria

  • Schistosomiasis

  • Trypanosomiasis

  • Yaws

Disease contracted during wartime service

Service in the tropics or a place having a high incidence of the disease under consideration

Within 1 year after separation of active wartime service

Relapses of malaria (after the 1 year separation) need others, under oath to establish frequency of relapse over a period of time relating back to the 1-year period following discharge

June 24, 1948

Act of June 24, 1948. Public Law 80-748. 80th Cong., 2d Sess. Ch. 612, Sec. 1, 62 Stat. 581

Chronic Diseases:

  • Anemia (primary)

  • Arteriosclerosis

  • Arthritis

  • Bronchiectasis

  • Calculi of the kidney, bladder, or gall bladder

  • Cardiovascular-renal disease (hypertension, myocarditis, Buerger’s disease, Raynaud’s disease)

Disease contracted during active service

 

At least 6 months of service and honorably discharged Within 1 year after separation from active service or at a time when standard and accepted treatises indicate that the incubation period

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

  • Cirrhosis of the liver

  • Coccidioidomycosis

  • Diabetes mellitus

  • Encephalitis lethargica residuals

  • Endocarditis

  • Endocrinopathies

  • Epilepsies

  • Hodgkin’s disease

  • Leukemia (nephritis)

  • Organic diseases of the nervous system (tumors of the brain, cord, peripheral nerves)

  • Osteitis (deformans)

  • Osteomalacia

  • Peptic ulcers (gastric or duodenal)

  • Scleroderma

  • Tuberculosis (active)

  • Tumors (malignant)

 

 

thereof commenced during active service

 

Tropical Diseases:

  • Black water fever

  • Cholera

  • Dracontiasis

  • Dysentery

  • Filariasis

  • Leishmaniasis

  • Leprosy

  • Loiasis

  • Malaria

  • Onchocerciasis

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

  • Oroya fever

  • Pinta

  • Plague

  • Schistosomiasis

  • Yaws

  • Yellow fever

 

 

 

 

February 9, 1949

Pensions, bonuses, and veterans’ relief. Part 3: Veterans’ claims; miscellaneous amendments. Federal Register 14(26):568-578. Former 39 CFR Sec. 3.80; Sec. 3.86(a), 3.95

Chronic Diseases:

  • Anemia (primary)

  • Arteriosclerosis

  • Arthritis

  • Atrophy, progressive muscular

  • Brain hemorrhage

  • Brain thrombosis

  • Bronchiectasis

  • Calculi of the kidney, bladder, or gall bladder

  • Cardiovascular-renal disease (hypertension)

  • Cirrhosis of the liver

  • Coccidioidomycosis

  • Diabetes mellitus

  • Encephalitis lethargica residuals

  • Endocarditis

  • Endocrinopathies

  • Epilepsies

  • Hodgkin’s disease

  • Leprosy

  • Leukemia (nephritis)

  • Myasthenia gravis

  • Myelitis

  • Myocarditis

Disease contracted during military service

Wartime service prior to January 1, 1947, to July 25, 1947

Within 1 year after separation from active wartime service

Factual Basis: Established by medical evidence, competent lay evidence, or both

Tropical Diseases: Service in the tropics or a place having a high incidence of the disease under consideration

Within 1 year after the date prior to which a disability must have been incurred

Pulmonary Tuberculosis: Specific assumptions for diagnosis in second year after service

Chronic Disease: Manifestations sufficient to identify the disease entity and sufficient observations to establish chronicity at the time

Ulcer (peptic): Within 6 months from date of active service or within 6 months of July 25, 1947; or if more than 6 months, then evidence of continuity of characteristic symptoms during the first 6 months after termination of active service

Tropical Disease: When shown to exist at a time when standard and accepted treatises indicate that the

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

  • Nephritis

  • Organic diseases of the nervous system

  • Osteitis (deformans)

  • Osteomalacia

  • Palsy, bulbar

  • Paralysis agitans

  • Peptic ulcers (gastric or duodenal)

  • Psychoses

  • Raynaud’s disease

  • Scleroderma

  • Sclerosis (amyotrophic lateral, multiple)

  • Syringomyelia

  • Thromboangiitis Obliterans (Buerger’s disease)

  • Tuberculosis (active)

  • Tumors (malignant) of the brain or spinal cord or peripheral nerves

 

 

incubation period of the diseases commenced during active service

 

Characteristic manifestations of the disease to 10 percent or more, except pulmonary tuberculosis

Tropical Diseases:

  • Black water fever

  • Cholera

  • Dracontiasis

  • Dysentery

  • Filariasis

  • Leishmaniasis

  • Leprosy

  • Loiasis

  • Malaria

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

  • Onchocerciasis

  • Oroya fever

  • Pinta

  • Plague

  • Schistosomiasis

  • Yaws

  • Yellow fever

 

 

 

 

October 12, 1949

Pensions, bonuses, and veterans’ relief. Part 3: Veterans’ claims; miscellaneous amendments. Federal Register 14(197):6174-6180. Former 38 CFR Sec. 3.86(a)

Chronic Diseases: Pupura idiopathic (hemorrhagic)

Military service

 

 

Amends list of chronic diseases

August 31, 1950

Pensions, bonuses, and veterans’ relief. Part 3: Veterans’ claims; miscellaneous amendments. Federal Register 15(169):5902-5910. Former 38 CFR

Chronic Disease: Sarcoidosis

Disease contracted during military service

See Veterans Regulation 1 (38 USC Ch. 12)

See Veterans Regulation 1 (38 USC Ch. 12)

Added to list of chronic and tropical diseases

Tropical Disease: Amebiasis

June 17, 1957

Veterans’ Benefits Act of 1957. Public Law 85-56. Sec. 301. 85th

Chronic and Tropical Diseases: Same diseases as above three entries (1949 and 1950

Disease contracted during active military, naval, or air service

Veteran who engaged in combat with the enemy in active service with

Tropical Diseases: Serves 6 months or more and contracts

Summarizes previous rules and legislation and amends

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

Cong., 1st Sess. Sec. 301(3 and 4). 71 Stat. 83, 95

entries)

 

a military, naval, or air organization of the U. S. during a period of war, campaign, or expedition

tropical or disease because of therapy in connection with tropical disease

dates/location of service and presumption

Within 1 year after separation from active service or when standard and accepted treatises indicate incubation period

Period of service after November 11, 1918, and before July 2, 1921, if served after April 5, 1917, and before November 12, 1918

Psychosis: WWII or Korean service within 2 years after discharge or release and before July 26, 1949 (WWII) or February 1, 1957 (Korean)

Period after December 31, 1946, and before July 26, 1947, if period began before January 1, 1947

February 24, 1961

Disease subject to presumptive service connection. Federal Register 26(36):1581-1582

Chronic and Tropical Diseases: Same as June 17, 1957

Disease contracted during active military, naval, or air service

 

 

Lays out criteria for presumption wartime service connection for chronic or tropical disease

Factual Basis: May be established by medical evidence,

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

 

competent lay evidence or both

August 12, 1970

Public Law 91-376. Sec. 3. 91st Cong., 2d Sess., 1970. Sec 3. 84 Stat. 787, 788

Former Prisoner of War Associated Diseases:

  • Avitaminosis

  • Beriberi (including beriberi heart disease)

  • Chronic dysentery

  • Helminthiasis

  • Malnutrition (including optic atrophy associated with malnutrition)

  • Other nutritional deficiency

  • Pellagra

  • Psychosis

Active military, naval, or air service and was held prisoner of war

Held by Imperial Japanese Government or the German Government during World War II, Government of North Korea during the Korean conflict, or the Government of North Vietnam, or the Viet Cong during the Vietnam era

Detained or interned for not less than 6 months

Service connection presumption for former prisoners of war

Characteristic manifestations of the disease (except psychosis) to 10 percent or more after service

Psychosis: Characteristic manifestations of the disease to 10 percent or more within 2 years after separati on from service

December 1, 1970

Pensions, bonuses, and veterans’ relief. Part 3: Adjudication. Subpart A: Pension, compensation, and dependency and indemnity compensation. Federal Register 35(232):18280

Diseases Associated with Former Prisoners of War

Active service

Service of 90 daysor more during a war period on or after January 31, 1955

Chronic Diseases: Manifest to a degree of 10 percent or more within 1 year for Hansen’s disease (leprosy) and tuberculosis within 3 years; multiple sclerosis within 7 years from date of separation from

 

Chronic and Tropical Diseases

Former Prisons of War: Held by an enemy government or its agents during WWII, Korean conflict, or the Vietnam era, suffered from dietary deficiencies,

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

18283. 38 CFR Part 3

 

forced labor, or inhumane treatment

 

service

 

Tropical Diseases: Manifest to a degree of 10 percent or more within 1 year from date of separation from service or at a time when standard treatises indicate that the incubation period commenced during such service

Prisoners of War: Manifest to a degree of 10 percent or more at any time after service, except psychosis, 10 percent within 2 years from date of separation from service

September 26, 1974

Increase of disability compensation and dependency and indemnity compensation rates.

Chronic, Tropical, or Former Prisoner of War Associated Diseases: No new ones

Active service on or after January 1, 1947

Service of 90 days or more during a war period on or after December 31, 1946

Tropical Before January 1, 1947: Manifest to a degree of 10 percent or more within 1 year after separation from

 

Chronic Before January 1, 1947: No presumption

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

Federal Register 39(188)34529-34533. 38 CFR Part 3

 

Tropical: Before January 1, 1947: Veteran with 6 or months of service

 

active service or at a time when standard and accepted treatises indicate that the incubation period commenced during active service

 

December 23, 1976

Increased disability compensation and dependency and indemnity compensation; burial benefits.Federal Register 41(248):55872-55875. 38 CFR Part 3

Chronic and Tropical Diseases:

  • Hansen’s disease

 

 

Chronic Diseases: Following service in a period of war or following peacetime service on or after January 1, 1947

Used term Hansen’s disease instead of leprosy

Tropical Diseases: Tropical service following service in a period of war or following peacetime service

 

October 2, 1978

Pension, compensation, and dependence and indemnity. Final regulation. Federal Register 43(191):45347-45362. 38 CFR Part 3

Chronic Disease:

  • Pulmonary tuberculosis

 

 

Removes the presumptive period of 6, 9, and 12 months for minimally, moderately, and far advanced TB to developing within 3 years from the date of separation from active service

Amends presumptive period

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

August 28, 1979

Pension, compensation, and dependency and indemnity compensation, proximate results, secondary conditions. Federal Register 44(168):50339-50340. 38 CFR Part 3, Sec 3.310

Diseases Associated with Service Amputation: Ischemic heart disease (or other cardiovascular disease)

Service-connected amputation of one lower extremity at or above the knee or service-connected amputations of both lower extremities at or above the ankles

 

 

 

August 14, 1981

Former Prisoner of War Benefits Act of 1981. Public Law 97-37. 97th Cong., 1st Sess. Sec 4. 95 Stat. 935, 936

Diseases Associated with Former Prisoner of War:

  • Avitaminosis

  • Beriberi (including beriberi heart disease)

  • Chronic dysentery

  • Helminthiasis

  • Malnutrition (including optic atrophy associated with malnutrition)

  • Other nutritional deficiency

  • Pellagra

  • Psychosis

  • Any of the anxiety states

Former prisoner of war

While serving in active military, naval, or air service, was forcibly detained or interned in line of duty by an enemy government or its agents, or a hostile force during a period of war

Characteristic manifestations of the disease to 10 percent or more after service

The previous prisoner of war presumption is for the period of time not less than 6 months. This actchanges that period of time to not less than 30 days

Detained or interned for not less than 30 days

March 18, 1982

Veterans Benefits; Former Prisoners of War. Final regulations. Federal Register 47(53):11655-

Former Prisoner of War

  • Avitaminosis

  • Beriberi (including beriberi heart disease)

  • Chronic dysentery

Former prisoner of war

While serving in active military, naval, or air service, was forcibly detained or interned in line of

Characteristic manifestations of the disease to 10 percent or more after service

Implementing the new Former Prisoner of War Benefits Act of 1981

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

11656. 38 CFR Part 3

  • Helminthiasis

  • Malnutrition (including optic atrophy associated with malnutrition)

  • Other nutritional deficiency

  • Pellagra

  • Psychosis

  • Any of the anxiety states

 

duty by an enemy government or its agents, or a hostile force during a period of war on or after January 1, 1947

Detained or interned for not less than 30 days

Amended period of detainment for presumption of disease

March 2, 1984

Veterans’ Compensation and Program Improvements Amendments of 1984. Public Law 98-223. 98th Cong., 2d Sess. Sec 111 98 Stat. 37, 40

Former Prisoner of War Diseases: Dysthymic disorder (or depressive neurosis)

Prisoner of war

 

 

Amends list of diseases associated with former prisoner of war

August 26, 1985

Adjudication of claims based on exposure to dioxin or ionizing radiation. Final rules. Federal Register 50(165):34452-34461. 38 CFR Parts 1 and 3

Diseases Associated with Herbicide Exposure: Chloracne

Herbicide

  • Dioxin (2,3,7,8 tetrachlorodibenzo-p-dioxin)

Dioxin

Vietnam era

Dioxin Exposure: No later than 3 months from the date of exposure

Dioxin: Presumed to have been exposed if served in the Vietnam era

Radiogenic Diseases:

  • All forms of leukemia (except chronic lymphatic leukemia)

  • Cancer (bone, colon, esophageal, female breast, kidney, liver, lung, pancreatic, salivary gland, skin, stomach, thyroid, urinary bladder)

  • Multiple myeloma

Radiation

  • Ionizing

Ionizing

Hiroshima or Nagasaki, Japan (September 1945 until July 1946)

Ionizing: Leukemias and bone cancer must become manifest within 30 years after exposure; other forms of cancer must become manifest 5 years

Ionizing: Exposure at the highest level of the dose range estimated will be presumed; several factors to be considered in determining

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

or more after exposure

whether disease resulted from exposure during service

October 28, 1986

Veterans’ Benefits Improvements and Health-Care Authorization Act of 1986. Public Law 99-576. 99th Cong., 2d Sess. Sec 108. 100 Stat. 3248, 3252

Former Prisoner of War Associated Diseases:

  • Organic residuals of frostbite

  • Posttraumatic osteoarthritis

Former prisoner of war

 

 

Amends list of associated diseases of former prisoners of war

May 20, 1988

Veterans’ Benefits and Services Act of 1988. Public Law 100-322. 100th Cong., 2d Sess. Sec 312, 313. 102 Stat. 487, 535

Chronic Diseases:

  • Lupus erythematosus (systemic)

  • Chronic disease contracted during military service

  • Prisoner of war

 

 

Amended list of diseases related to former prisoners of war and service connection of chronic diseases

Diseases Associated with Former Prisoner of War:

  • Irritable bowel syndrome

  • Peptic ulcer disease

  • Peripheral neuropathy (except where directly related to infectious causes)

May 20, 1988

Radiation-Exposed Veterans Compensation Act of 1988. Public Law 100-321. 100th Cong., 2d Sess., Section 2, 102 Stat. 485

Diseases Associated with Radiation Exposure (radiation-risk activity):

  • Cancer (bile ducts, breast, esophagus, gall bladder, pharynx, primary liver, pancreas, small intestine, stomach, thyroid)

  • Leukemia (other than chronic lymphocytic

Radiation risk activity

  • Participation in a test involving atmospheric detonation of a nuclear device

  • Occupation of Hiroshima or

Japan WWI (August 6, 1945, to July 1, 1946)

40-year period beginning on the last date where the veteran participated in a radiation-risk activity except leukemia (30-year period after radiation-risk

 

Others

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

leukemia)

  • Lymphomas (except Hodgkin’s disease)

  • Multiple myeloma

Nagasaki, Japan (August 6, 1945, to July 1, 1946)

  • Prisoner of war in Japan during WWII exposure of ionizing radiation activity)

 

activity)

 

October 18, 1989

Claims based on exposure to ionizing radiation. Final regulations. Federal Register 54(200):42802-42803. 38 CFR Part 3

Radiogenic Diseases:

  • Cancer (breast, salivary gland)

  • Leukemia (other than chronic lymphatic [lymphocytic] leukemia)

  • Multiple myeloma

  • Nonmalignant thyroid nodular disease

  • Posterior subcapsular cataracts

Ionizing radiation

 

Bone Cancer: Manifest within 30 years after exposure

Amended diseases considered to be radiogenic

Leukemia: Manifest anytime after exposure

With drew proposed clarification concerning when service connection can be established based upon claimed exposure to ionizing radiation and herbicides containing dioxin

Posterior Subcapsular Cataracts: Manifest 6 months or more after exposure

Other Diseases: Manifest 5 years or more after exposure

October 15, 1990

Radiation Exposure Compensation Act of 1990. Public

Diseases Associated with Radiation Exposure: Above-Ground Nuclear Tests

Radiation exposure

  • Above-ground nuclear tests

Government’s above-ground nuclear tests in Nevada and lived

Childhood leukemia and other diseases (January 21, 1951, to

Individuals not in military

  • Uranium miners

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

Law 101-426. 101st Cong., 2d Sess., 104 STAT 920

  • Leukemia (not chronic lymphocytic)

  • Lymphomas (other than Hodgkin’s disease

  • Multiple myeloma

  • Primary cancer of the:
    Bile ducts
    Esophagus
    Female breast
    Gall bladder
    Liver
    Pancreas
    Pharynx
    Small intestine
    Stomach
    Thyroid

  • Uranium miners

downwind in Nevada, Utah, and Arizona

October 31, 1958, or June 30, 1962, to July 31, 1962)

  • Downwind to nuclear tests

Underground uranium mines

For miners: Any individual who was employed in a uranium mine located in Colorado, New Mexico, Arizona, Wyoming, or Utah at any time during the period beginning on January 1, 1947, and ending on December 31, 1971

Uranium Miners

  • Lung cancer

  • Nonmalignant respiratory disease (fibrosis of the lung, pulmonary fibrosis, and corpulmonale)

October 26, 1990

Claims based on service in Vietnam. Final regulations. Federal Register 55(208):43123-43125. 38 CFR Parts 3 and 4

Diseases Associated with Vietnam Service:

  • Non-Hodgkin’s lymphoma

Service in Vietnam

Vietnam (includes waters offshore, or service in other locations if the conditions of service involved duty or visitation in Vietnam)

 

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

During the Vietnam era

 

 

February 6, 1991

Agent Orange Act of 1981. Public Law 102-4. 102d Cong., 1st Sess. 105 STAT. 11

Diseases Associated with Herbicide Exposure:

  • Chloracne (or another acneform disease)

  • Non-Hodgkin’s lymphoma

  • Soft tissue sarcoma

Active military, naval, or air service

Republic of Vietnam; Vietnam era

Non-Hodgkin’s Lymphoma and Soft Tissue Sarcoma (other than osteosarcoma, chondrosarcoma, kaposi’s sarcoma, or mesothelioma): Manifest 10 percent or more disability

 

Exposure to herbicide agent containing dioxin or 2,4-dichlorophenoxyacetic acid or other chemical compound in an herbicide agent

Chloracne: 10 percent or more disability within 1 year after the last date active duty in Republic of Vietnam

August 14, 1991

Veterans’ Benefits Programs Improvement Act of 1991. Public Law 102-86. 102d Cong., 1st Sess., Sec. 104, 105. 105 Stat. 414

Diseases Associated with Radiation Exposure:

  • Leukemia (presumptive period)

Radiation exposure

Amends service to during active military, naval, or air service or reserve component of the Armed Forces, participated in a radiation-risk activity during a period of active duty for training or

 

Amends presumptive period for occurrence of leukemia and location of radiation exposure

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

inactive duty training

 

 

October 15, 1991

Claims based on exposure to herbicides containing dioxin (soft tissue sarcomas). Final regulation. Federal Register 56(199):51651-51653. 38 CFR Parts 3 and 4

Diseases Associated with Herbicide Exposure (containing dioxin):

  • Chloracne

  • Soft-tissue sarcoma (adult fibrosarcoma; dermatofibrosarcoma protuberans; malignant fibrous histiocytoma; liposarcoma; leiomyosarcoma; epithelioid leiomyosarcoma; rhabdomyosarcoma; ectomesenchymoma; angiosarcoma; proliferating angioendotheliomatosis; malignant glomus tumor; malignant hemangiopericytoma; synovial sarcoma; malignant giant cell tumor of tendon sheath; malignant schwannoma; malignant mesenchymoma; malignant granular cell tumor; alveolar soft part sarcoma; epithelioid sarcoma; clear cell sarcoma of tendons and aponeuroses)

Exposure to herbicides containing dioxin

Republic of Vietnam; Vietnam era

Chloracne: Manifested not later than 3 months from the date of exposure

Lists diseases associated with exposure to herbicides containing dioxin

Soft-Tissue Sarcoma: Manifest at any time after service

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

January 15, 1992

Claims based on chronic effects of exposure to mustard gas. Proposed rule. Federal Register 57(10):1699-1700. 38 CFR Part 3

Diseases Associated with Exposure to Mustard Gas:

  • Asthma

  • Bronchitis

  • Conjunctivitis

  • Corneal opacities

  • Emphysema

  • Keratitis

  • Laryngitis

Mustard gas exposure by participating in full-body, field, or chamber experiments to test protective clothing or equipment

During World War II; participating in full-body, field, or chamber experiments to test protective clothing or equipment

Chronic forms of the diseases manifested after exposure

Proposed rule for chronic effects of in-service exposure to mustard gas

January 21, 1992

Claims based on exposure to herbicides containing dioxin (peripheral neuropathy/lung cancer). Proposed rule. Federal Register 57(13):2236-2238. 38 CFR Part 3

Diseases Associated with Exposure to Herbicides (containing dioxin):

  • Peripheral neuropathy

Herbicide (containing dioxin) exposure

Military service

Peripheral Neuropathy: Manifested not later than 10 years following the date of exposure

Proposed rule amends diseases associated with exposure to herbicides containing dioxin

Military service

Diseases NOT Associated with Exposure to Herbicides (containing dioxin):

  • Lung cancer

  • Porphyria cutanea tarda

July 31, 1992

Claims based on chronic effects of exposure to mustard gas. Final rule. Federal Register 57(148):33875-33877. 38 CFR Part 3

Diseases Associated with Exposure to Mustard Gas:

  • Asthma

  • Bronchitis

  • Conjunctivitis

  • Corneal opacities

  • Emphysema

  • Keratitis

  • Laryngitis

Mustard gas exposure by participating in full-body, field, or chamber experiments to test protective clothing or equipment

During World War II; participating in full-body, field, or chamber experiments to test protective clothing or equipment

Chronic forms of the diseases manifested after exposure

Final rule from January 15, 1992

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

October 30, 1992

Veterans’ Radiation Exposure Amendments of 1992. Public Law 102-578. 102d Cong., 2d Sess., Sec 2. 106 Stat. 4774

Diseases Associated with Exposure to Radiation:

  • Cancer of the: Salivary gland Urinary tract

Radiation exposure

 

 

Adds diseases to the list associated with exposure to radiation and elimination of latency-period limitations

March 26, 1993

Claims based on exposure to ionizing radiation. Final rule. Federal Register 58(57):16358-16359. 38 CFR Part 3

Diseases Associated with Exposure to Radiation:

  • Ovarian cancer

  • Parathyroid adenoma

Ionizing radiation

 

 

Amends diseases associated with exposure to ionizing radiation

April 27, 1993

Radiation Exposure Compensation Act of 1990. Final Rule. Federal Register 58(79):25564-25565. 38 CFR Part 3

Diseases Associated with Exposure to Radiation: NONE

 

 

 

Establishes compensation to any individual under the provisions of the Radiation Exposure Compensation Act of 1990

May 19, 1993a

Direct service connection (posttraumatic stress disorder). Final rule. Federal Register 58(95):29109-29110.

Diseases Associated with Service:

  • Posttraumatic stress disorder

Military service

Military service or former prisoner of war

 

Amends list of diseases associated with military service

Stressor actually occurred in service (engaged in combat or evidence of the claimed in service

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

38 CFR Part 3

 

stressor) or prisoner of war experience

 

 

 

May 19, 1993b

Republic of Vietnam. Final rule. Federal Register 58(95): 29107-29109. 38 CFR Part 3 3.309(e)

Diseases Associated with Service in the Republic of Vietnam:

  • Chloracne

  • Congenital and infantile fibrosarcoma

  • Extraskeletal Ewing’s sarcoma

  • Malignant ganglionar neuroma

  • Non-Hodgkin’s lymphoma

  • Soft-tissue sarcoma (see October 19, 1991)

Wartime and service in the Republic of Vietnam

On or after January 1, 1947

Disease manifest to 10 percent or more at any time after service

“Service in the Republic of Vietnam” includes service in the waters offshore and service in other locations if the conditions of service involved duty or visitation in the Republic of Vietnam

Exception: Chloracne (or another acneform disease): 10 percent or more within a year after the last date veteran performed active military, naval, or air service in the Republic of Vietnam

January 24, 1994

Claims based on chronic effects of exposure to vesicant agents. Proposed rule. Federal Register 59(15):3532-3534. 38 CFR Part 3

Diseases Associated with Exposure to Mustard Gas and Other Vesicant Agents During Military Service:

  • Asthma

  • Bronchitis

  • Cancers: Laryngeal Lung (except mesothelioma) Nasopharyngeal Squamous cell carcinoma of the skin

Mustard gas and other vesicant agents

Full-Body Exposure to Nitrogen or Sulfur Mustard: Conjunctivitis, keratitis, corneal opacities, scar formation, or the following cancers: nasopharyngeal, laryngeal, lung (except mesothelioma), or

Chronic manifestation of the diseases after military service and either full-body exposure to nitrogen or sulfur mustard gas or Lewisite

Amends regulation concerning chronic diseases from exposure to mustard gas and other vesicant agents in response to NAS report

Full-body exposure to nitrogen or sulfur mustard or Lewisite

Active military service

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

  • Conjunctivitis (chronic)

  • Corneal opacities

  • Emphysema

  • Keratitis

  • Laryngitis

  • Nonlymphocytic leukemia (acute)

  • Obstructive pulmonary disease (chronic)

  • Scar formation

 

squamous cell carcinoma of the skin

 

 

Full-Body Exposure to Nitrogen or Sulfur Mustard or Lewisite: Laryngitis, bronchitis, emphysema, asthma, or chronic obstructive pulmonary disease

Full-Body Exposure to Nitrogen Mustard: Acute nonlymphocytic leukemia

February 3, 1994

Disease associated with exposure to certain herbicide agents. Final rule. Federal Register 59(23):5106-5107. 38 CFR Part 3

Diseases Associated with Exposure to Certain Herbicide Agents:

  • Hodgkin’s disease

  • Porphyria cutanea tarda

Herbicide agent exposure, specifically, 2,4-D; 2,4,5-T, and its contaminant TCDD; cacodylicacid; and picloram

Republic of Vietnam; Vietnam era

Disease manifest to 10 percent or more at any time after service

Amends list of diseases to other chronic, tropical, or prisoner-of-war related diseases or disease associated with exposure to certain herbicide agents; wartime and service on or after January 1, 1947

During active military, naval, or air service

And wartime and service on or after January 1, 1947

Porphyria Cutanea Tarda: 10 percent or more manifested within a year after the last date veteran was exposed to an

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

herbicide agent during active military, naval, or air service

 

June 9, 1994

Disease associated with exposure to certain herbicide agents (multiple myeloma and respiratory cancers). Final rule. Federal Register 59(110): 29723-29724. 38 CFR Part 3

Diseases Associated with Exposure to Certain Herbicide Agents:

  • Multiple myeloma

  • Respiratory cancers:
    Bronchus
    Larynx
    Lung
    Trachea

Herbicide agent exposure

Republic of Vietnam; Vietnam era

Multiple Myeloma: Disease manifest to 10 percent or more at any time after service

Amends list of diseases associated with chronic, tropical, or prisoner of war, or exposure to certain herbicide agents

During active military, naval, or air service

And wartime and service on or after January 1, 1947

Respiratory Cancers: Within 30 years after the last date on which the veteran was exposed to an herbicide agent during active military, naval, or air service

August 18, 1994

Claims based on chronic effects of exposure to mustard gas or lewisite. Final rule. Federal Register 59(159): 42497-42500. 38 CFR Part 3

Diseases Associated with Chronic Effects of Exposure to Mustard Gas or Lewisite During Military Service:

Mustard gas and other vesicant agents

Full-Body Exposure to Nitrogen or Sulfur Mustard: Conjunctivitis, keratitis, corneal opacities, scar formation, or the following cancers: nasopharyngeal, laryngeal, lung (except

Chronic manifestation of the diseases after military service and either full-body exposure to nitrogen or sulfur mustard gas or Lewisite

Final rule based on NAS study and regulation on July 31, 1992, establishing service connection from exposure from field or chamber experiments during WWII

Nitrogen or Sulfur Mustard (38 CFR 3.316[a][1])

  • Chronic conjunctivitis

  • Corneal opacities

  • Keratitis

Active military service

Full-body exposure to nitrogen or sulfur mustard or Lewisite

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

  • Laryngeal cancer

  • Lung cancer (except mesothelioma)

  • Nasopharyngeal cancer

  • Scar formation

  • Squamous cell carcinoma of the skin

 

mesothelioma), or squamous cell carcinoma of the skin

 

 

 

 

Nitrogen or Sulfur Mustard or Lewisite (38 CFR 3.316[a][2])

  • Asthma

  • Chronic form of bronchitis

  • Chronic form of laryngitis

  • Chronic obstructive pulmonary disease

  • Emphysema

 

Full-Body Exposure to Nitrogen or Sulfur Mustard or Lewisite: Laryngitis, bronchitis, emphysema, asthma, or chronic obstructive pulmonary disease

 

 

 

 

Nitrogen Mustard (38 CFR 3.316 [a][3])

  • Acute nonlymphocytic leukemia

 

Full-Body Exposure to Nitrogen Mustard: Acute nonlymphocytic leukemia

 

 

September 6, 1994

Claims based on exposure to ionizing radiation. Final rule. Federal Register 59(171):45975. 38 CFR Part 3

Diseases Associated with Exposure to Radiation:

  • Tumors of the brain and central nervous system

Ionizing radiation

 

 

Amended diseases associated with exposure to ionizing radiation

November 2, 1994

Persian Gulf War Veterans’ Benefits Act of 1994.

Diseases Associated with Exposure to Certain Herbicide Agents:

Herbicide agent exposure

 

Hodgkin’s Disease and Multiple

Codified these diseases to the list of herbicide-

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

Public Law 103-446. 103d Cong., 2d. Sess. 108 Stat. 4645

  • Hodgkin’s disease

  • Multiple myeloma

  • Porphyria cutanea tarda

  • Respiratory cancers (lung, bronchus, larynx, or trachea)

During active military, naval, or air service

 

Myeloma: Mnifest to 10 percent disability or more

exposure presumptions

Porphyria Cutanea Tarda: 10 percent or more manifested within a year after the last date veteran was exposed to an herbicide agent during active military, naval, or air service

Respiratory Cancers: Within 30 years after the last date on which the veteran was exposed to an herbicide agent during active military, naval, or air service

December 8, 1994

Compensation for certain undiagnosed illnesses. Proposed rule. Federal Register 59(235):63283

Diseases Associated with Undiagnosed Illnesses During the Persian Gulf War: Signs or symptoms of:

  • Abnormal weight loss

  • Cardiovascular signs or

Active military, naval, or air service

Southwest Asia theatre during the Persian Gulf War (Iraq, Kuwait, Saudi Arabia, neutral zone between Iraq and

Chronic (6 months or more) disability resulting in one or more signs and symptoms and manifested either during active

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

63285. 38 CFR Part 3

symptoms

  • Fatigue

  • Gastrointestinal signs or symptoms

  • Headache

  • Joint pain

  • Menstrual disorders

  • Muscle pain

  • Neurologic signs or symptoms

  • Neuropsychological signs or symptoms

  • Signs or symptoms involving skin

  • Signs or symptoms involving the respiratory system (upper or lower)

  • Sleep disturbances

 

Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above these locations

service or to a 10 percent degree or more no later than 2 years after the date the veteran last performed active service in the Southwest Asia theater of operations during the Persian Gulf War

 

February 3, 1995

Compensation for certain undiagnosed illnesses. Final rule. Federal Register 60(23):6660-6666. 38 CFR Part 3

Diseases Associated with Undiagnosed Illnesses During the Persian Gulf War:

Signs or symptoms of:

  • Abnormal weight loss

  • Cardiovascular signs or symptoms

  • Fatigue

  • Gastrointestinal signs or symptoms

  • Headache

  • Joint pain

  • Menstrual disorders

  • Muscle pain

Active military, naval, or air service

Southwest Asia theatre during the Persian Gulf War (Iraq, Kuwait, Saudi Arabia, neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and

Chronic (6 months or more or intermittent episodes of improvement and worsening over a 6-month period) disability resulting in one or more signs and symptoms and manifested either during active service or to a 10 percent degree or more no later than

Final rule for undiagnosed illnesses during service in the Persian Gulf War

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

  • Neurologic signs or symptoms

  • Neuropsychological signs or symptoms

  • Signs or symptoms involving skin

  • Signs or symptoms involving the respiratory system (upper or lower)

  • Sleep disturbances

 

the airspace above these locations

2 years after the date the veteran last performed active service in the Southwest Asia theater of operations during the Persian Gulf War

 

October 13, 1995

Claims based on exposure to ionizing radiation (lymphomas other than Hodgkin’s disease and cancer of the rectum). Final rule. Federal Register 60(198):53276-53277. 38 CFR Part 3

Diseases Associated with Exposure to Ionizing Radiation:

  • Cancer of the rectum

  • Lymphomas other than Hodgkin’s disease

Ionizing radiation

 

 

Amends diseases associated with exposure to ionizing radiation

October 9, 1996

Veterans’ Benefits Improvements Act of 1996 Public Law 104-275. 104th Cong., 2d Sess., Sec. 505. 110 Stat. 3322

Expansion of period of Vietnam Era for certain veterans

NONE

 

 

“Vietnam era”

  • For a Veteran who served in the Republic of Vietnam—February 28, 1961, to May 7, 1975

  • In all other cases—August 5, 1964, to

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

November 7, 1996

Diseases associated with exposure to certain herbicide agents (prostate cancer and acute and subacute peripheral neuropathy). Final rule. Federal Register 61(217):57586-57589. 38 CFR Part 3

Diseases Associated with Exposure to Certain Herbicide Agents:

  • Acute and subacute peripheral neuropathy

  • Prostate cancer

Herbicide agent exposure

Republic of Vietnam; Vietnam era

Manifest to 10 percent disability or more after service

Amends list of diseases associated with exposure to certain herbicide agents

During active military, naval, or air service

And wartime and service on or after January 1, 1947

Note: acute and subacute peripheral neuropathy by definition appears within weeks or months of exposure to a herbicide agent and resolves within 2 years of the date of onset

April 29, 1997

Compensation for certain undiagnosed illnesses. Interim rule with request for comments. Federal Register 62(82):23138-23139. 38 CFR Part 3

Diseases Associated with Undiagnosed Illnesses: Extension of the period of disease to manifest

Persian Gulf War service

 

Interim rule extending the period of disease to manifest from “two years after the date on which the veteran last performed active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War” to “December 31, 2001”

Interim rule to expand the period within diseases must manifest

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

July 1, 1997

Veterans’ Benefits Improvements Act of 1996. Final rule. Federal Register 62(126):35421-35423. 38 CFR Part 3

Vietnam era inclusion dates

NONE

 

“Vietnam era” February 28, 1961, to May 7, 1975, inclusive for a veteran who served in the Republic of Vietnam

 

 

March 6, 1998

Compensation for certain undiagnosed illnesses. Final rule. Federal Register 63(44):11122-11123. 38 CFR Part 3

Persian Gulf Veterans presumptive period

NONE

 

 

Extend the presumptive period (to December 31, 2001) in such a manner that no Persian Gulf veterans with qualifying disabilities would be denied compensation

Final rule for extending the presumptive period for Persian Gulf veterans

September 24, 1998

Claims based on exposure to ionizing radiation (prostate cancer and any other cancer). Final rule. Federal Register 63(185):50993-50995. 38 CFR Part 3

Diseases Associated with Exposure to Radiation:

  • Prostate cancer

  • Any other cancer

Ionizing radiation

 

 

Amends diseases associated with exposure to ionizing radiation

October 21, 1998

Persian Gulf War Veterans Act of 1998. Public Law

Illnesses Associated with Persian Gulf War

Establishes service connection for illnesses

Veteran who served on active duty in the Southwest Asia

 

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

105-277. 105th Cong., 2d Sess., Sec. 1601, 1602, 1603

Language for the National Academy of Sciences report for presumption of service connection for illnesses associated with service in the Persian Gulf War

associated with the Persian Gulf War

theater during the Persian Gulf War

 

 

Diseases having an association with exposure to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine

November 30, 1999

Veterans Millennium Health Care and Benefits Act of 1999. Public Law 106-117. 106th Cong., 1st Sess., Sec. 503. 113 Stat. 1545

Diseases Associated with Radiation Exposure:

  • Bronchiolo-alveolar carcinoma

Disease contracted during military service

 

 

 

July 10, 2000

Radiation Exposure Compensation Act Amendments of 2000. Public Law 106-245. 106th Cong., 2d Sess. 114 Stat. 501

Diseases Associated with Radiation Exposure:

Nuclear atmospheric testing

Leukemia: Physically present in affected area for at least 1 year January 21, 1951, through October 31, 1958; or June 30, 1962, through July 31, 1962

Lung Cancer: Onset of disease at least 2 years after first exposure

Amends list of diseases associated to radiation exposure and manifestation of diseases

Nuclear Atmospheric Testing

  • Brain cancer

  • Colon cancer

  • Gall bladder cancer

  • Male breast cancer

  • Ovary cancer

Uranium mining

Amends dates/location of

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

  • Salivary gland cancer

  • Urinary bladder cancer

 

 

 

service for leukemia

Uranium Mining

  • Lung cancer

  • Nonmalignant respiratory disease

  • Renal cancers

  • Other chronic renal disease (nephritis, kidney tubal tissue injury)

July 14, 2000

Veterans Millennium Health Care and Benefits Act. Final rule. Federal Register 65(136):43699-43700. 38 CFR Part 3

Diseases Associated with Exposure to Radiation and Service:

  • Bronchiolo-alveolar carcinoma

Active military service

 

 

Amended list of diseases related to exposure to radiation and active service

Radiation exposure

April 6, 2001

Claims based on the effects of tobacco products. Final rule. Federal Register 66(67):18195-18198. 38 CFR Part 3

Diseases or Death NOT Associated with Military Service:

  • Disease attributable to use of tobacco products

Active military, naval, or air service

 

 

Veterans’ use of tobacco products are NOT considered to be service-connected

May 8, 2001

Disease associated with exposure to certain herbicide agents: Type 2 diabetes. Final

Diseases Associated with Exposure to Herbicides:

  • Type 2 diabetes

Herbicide exposure

In the Republic of Vietnam during the Vietnam Era

Illness manifest to a degree of 10 percent or more

Amends diseases associated to exposure to herbicides

Or active military

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

rule. Federal Register 66(89):23166-23169. 38 CFR Part 3

 

 

service

 

 

August 8, 2001

Diseases specific to radiation-exposed veterans. Proposed rule. Federal Register 66(153):41483-41485. 38 CFR Part 3

Diseases Associated with Radiation-Risk Activity: Add cancers:

  • Cancer of the bone

  • Cancer of the brain

  • Cancer of the colon

  • Cancer of the lung

  • Cancer of the ovary

Radiation-risk activity

Total of at least 250 days before February 1, 1992 (Paducah, KY; Portsmouth, OH; K25 at Oak Ridge, TN)

 

Amends list of diseases associated with radiation-risk activities and date/location of service

Ionizing radiation

Military service

Service before January 1, 1974 (Amchitka Island, AL) and performance of duty related to Long Shot, Milrow, or Cannikin underground nuclear tests

November 9, 2001

Extension of the presumptive period for compensation for Gulf War veterans’ undiagnosed illnesses. Interim final rule with request for comments. Federal Register

Undiagnosed Illnesses: Presumptive period extension

Persian Gulf War active military, naval, or air service

Veteran who served on active duty in the Southwest Asia theater during the Persian Gulf War

Undiagnosed illness manifest to a degree of 10 percent or more through December 31, 2006

Extension of presumptive period for compensation for Gulf War Veteran’s undiagnosed illnesses

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

66(218):56614-56615. 38 CFR Part 3

 

 

 

 

 

December 27, 2001

Veterans Education and Benefits Expansion Act of 2001. Public Law 107-103. 107th Cong., 1st Sess.

Diseases Associated with Service-Connection or Herbicide Exposure:

  • Diabetes mellitus (type 2)

  • Respiratory cancers

Herbicide exposure

Persian Gulf Exposure Active duty in the Armed Forces in the Southwest Asia theatre of operations during the Persian Gulf War

Herbicide Exposure Additional diseases: Up to September 30, 2015

Extension of presumptive period for respiratory cancers and additional diseases associated with herbicide exposure and Persian Gulf exposure

Military Service Vietnam Veteran active service

Diseases Associated with Persian Gulf War:

  • Chronic multisymptom illness: Chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome

  • Undiagnosed illness or chronic multisymptom illness: Abnormal weight loss, cardiovascular signs or symptoms, fatigue, gastrointestinal signs or symptoms, headache, joint pain, menstrual disorders, muscle pain, neurological signs and symptoms, neuropsychological signs or symptoms, signs or symptoms involving the upper or lower

Persian Gulf Exposure: Persian Gulf War service active military, naval, or air service

Respiratory cancers: Presumptive period amended from “within 30 years” through “May 7, 1975”

Persian Gulf Exposure Additional diseases: “On September 30, 2011 ”

Amended list of diseases associated with military service, Persian Gulf War

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

respiratory system, sleep disturbances, unexplained rashes or other dermatological signs or symptoms

 

 

 

 

January 25, 2002

Diseases specific to radiation-exposed veterans. Final rule. Federal Register 67(17):3612-3616. 38 CFR Part 3

Diseases Associated with Radiation-Risk Activity and Military Service:

Add cancers:

  • Cancer of the bone

  • Cancer of the brain

  • Cancer of the colon

  • Cancer of the lung

  • Cancer of the ovary

Ionizing radiation

Total of at least 250 days before February 1, 1992 (Paducah, KY; Portsmouth, OH; K25 at Oak Ridge, TN)

 

Amends diseases associated with radiation-risk activity and military service

Military service

Radiation-risk activity definition: Participation in a test involving atmospheric detonation of a nuclear device; occupation of Hiroshima or Nagasaki, Japan (August 6, 1945, to July 1, 1946); or internment as a prisoner of war in Japan or service on active duty in Japan following such internment during WWII with opportunity for exposure to ionizing radiation

Amends definition of radiation-risk activity

Service before January 1, 1974 (Amchitka Island, AL) and performance of duty related to Long Shot, Milrow, or Cannikin underground nuclear tests

February 14, 2002

Claims based on exposure to

Diseases Associated with Exposure to Radiation:

Radiation exposure

 

 

Amends diseases from exposure to

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

ionizing radiation. Final rule. Federal Register 67(31):6870-6871. 38 CFR Part 3

  • Polycythemia vera

Ionizing radiation

 

 

ionizing radiation; VA did not have evidence to add to the list of “radiogenic diseases,” but the VA will consider a claim that polycythemia vera is a radiogenic disease as long as there is scientific or medical evidence to support the claim

November 7, 2002

Service connection by presumption of aggravation of a chronic preexisting disease. Final rule. Federal Register 67(216):67792-67793. 38 CFR Part 3

Preexisting chronic disease

Military service

 

 

Amended presumption of a preexisting disease that was aggravated by veteran’s military service

December 27, 2002

Extension of the presumptive period for compensation for Gulf War veterans’

Undiagnosed illnesses associated with Persian Gulf War

NONE

 

Southwest Asia theater of operations during the Persian Gulf War

Through December 31, 2006

Extends the period within which disabilities must become manifest for entitlement for

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

undiagnosed illnesses. Final rule. Federal Register 67(249):78979-78980. 38 CFR Part 3 compensation

 

 

 

 

 

February 10, 2003

Presumption of service connection for cirrhosis of the liver in former prisoners of war. Proposed rule. Federal Register 68(27):6679-6680. 38 CFR Part 3

Diseases Associated with Prisoners of War:

  • Cirrhosis of the liver

Former prisoners of war

 

Detained for at least 30 days

Amended list of diseases associated with prisoners of war

Evidence: Significantly higher risk of death from cirrhosis in former WWII POWs than the general population

June 10, 2003

Compensation and pension provisions of the Veterans Education and Benefits Expansion Act of 2001. Final Rule. Federal Register 68(111):34539-34543. 38 CFR Parts 3 and 13

Diseases Associated with the Persian Gulf Veterans:

  • Undiagnosed illness

  • Chronic multisymptom illness: Chronic fatigue syndrome, fibromyalgia, irritable bowel syndrome

 

 

 

Amends what a “qualifying chronic disability ” includes

Herbicide Exposure: Eliminates respiratory cancer must manifest within 30 years of departure form Vietnam to qualify for presumption

Herbicide Exposure: Amends date of presumption and exposure candidates

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

 

based on herbicide exposure and expand presumption of exposure to herbicides to all Vietnam veterans

July 18, 2003

Presumption of service connection for cirrhosis of the liver in former prisoners of war. Final rule. Federal Register 68(138):42602-42603. 38 CFR Part 3

Diseases Associated with Former Prisoners of War:

  • Cirrhosis of the liver

Former prisoners of war

 

 

Amends list of diseases associated with former prisoners of war

October 16, 2003

Disease associated with exposure to certain herbicide agents: Chronic lymphocytic leukemia. Final rule. Federal Register 68(200):59540-59542. 38 CFR Part 3

Disease Associated with Exposure to Herbicide:

  • Chronic lymphocytic leukemia

Herbicide exposure

Republic of Vietnam during the Vietnam era

 

Amends list of diseases associated with exposure to herbicide agents

Military service

October 21, 2003

Veterans Benefits Enhancement Act of 2003 S. Rep. No. 108-169. 108th Cong.

Diseases Associated with Former Prisoners of War:

  • Any of the anxiety states

  • *Any other nutritional deficiency

Former prisoners of war veteran active military, naval, or air service

Former prisoner of war

Disease to manifest to a degree of 10 percent or more after active service

Proposed Act that would amend the diseases associated with former prisoners

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

1st Sess. 11 (proposed Act)

  • *Avitaminosis

  • *Beriberi (including beriberi heart disease)

  • *Chronic dysentery

  • *Cirrhosis of the liver

  • Dysthymic disorder (or depressive neurosis)

  • *Helminthiasis

  • *Irritable bowel syndrome

  • *Malnutrition (including optic atrophy associated with malnutrition)

  • Organic residuals of frostbite

  • *Pellagra

  • *Peptic ulcer disease

  • *Peripheral neuropathy (except where directly related to infectious causes)

  • Posttraumatic osteoarthritis

  • Psychosis

 

 

*Detained or interned for not less than 30 days

of war

December 16, 2003

Veterans Benefits Act of 2003. Public Law 108-183. 108th Cong., 1st Sess., Sec.201. 117 Stat. 2651

Diseases Associated with Former Prisoners of War:

  • Any of the anxiety states

  • *Any other nutritional deficiency

  • *Avitaminosis

  • *Beriberi (including beriberi heart disease)

Former prisoners of war veteran active military, naval, or air service

Former prisoner of war

Disease to manifest to a degree of 10 percent or more after active service

Final act amending list of diseases associated with former prisoners of war

*Detained or interned for not less than 30 days

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

  • *Chronic dysentery

  • *Cirrhosis of the liver

  • Dysthymic disorder (or depressive neurosis)

  • *Helminthiasis

  • *Irritable bowel syndrome

  • *Malnutrition (including optic atrophy associated with malnutrition)

  • Organic residuals of frostbite

  • *Pellagra

  • *Peptic ulcer disease

  • *Peripheral neuropathy (except where directly related to infectious causes)

  • Posttraumatic osteoarthritis

  • Psychosis

 

 

 

 

June 8, 2004

Change of effecttive date of rule adding a disease associated with exposure to certain herbicide agents: Type 2 diabetes. Final rule. Federal Register 69(110):31882-31883. 38 CFR Part 3

Disease Associated with Exposure to Certain Herbicides:

  • Type 2 diabetes

 

 

 

Change of effective date of presumption to May 8, 2001

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

October 7, 2004

Presumptions of service connection for diseases associated with service involving detention or internment as a prisoner of war. Interim final rule. Federal Register 69(194):60083-60090. 38 CFR Parts 1 and 3

Diseases Associated with Former Prisoner of War:

  • Atherosclerotic disease or hypertensive vascular disease (including hypertensive heart disease) and their complications (including myocardial infarction, congestive heart failure, arrhythmia)

  • Stroke and its complications

Former prisoner of war

 

Eliminated the 30-day detained requirement for psychosis, any anxiety state, dysthymic disorders, organic residuals of frostbite, and posttraumatic osteoarthritis

Amended diseases associated with former prisoner of war and amended the 30-day requirement for some of the related diseases Defines the evidence necessary to determine presumption of service connection

The new diseases in this rule are presumed to be service connected following any period of prisoner of war activity

December 10, 2004

Veterans Benefits Improvement Act of 2004. Public Law 108-454. 108th Cong., 2d Sess., Sec. 306. 118 Stat 3598

Diseases Associated with Radiation-Risk Activity and Military Service: Add cancers:

  • Cancer of the bone

  • Cancer of the brain

  • Cancer of the colon

  • Cancer of the lung

  • Cancer of the ovary

Radiation-risk activity

 

 

Amended “radiation-risk activity” to include service in a capacity if performed as an employee of the Department of Energy (DOE) would qualify inclusion as a member of the Special Exposure Cohort

Ionizing

Military service

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

June 20, 2005

Prisoner of War Benefits Act of 2005. 109th Cong., 1st Sess. Senate Bill 1271 (proposed act)

Diseases Associated with Former Prisoners of War:

  • Diabetes (type 2)

  • Heart disease

  • Osteoporosis

  • Stroke

Former prisoners of war

 

 

Proposed act to amend the list of diseases associated with former prisoners of war

June 28, 2005

Presumptions of service connection for diseases associated with service involving detention or internment as a prisoner of war. Affirmation of interim final rule as final rule. Federal Register 70(123):37040-37042. 38 CFR Parts 1

Diseases Associated with Former Prisoners of War:

  • Atherosclerotic disease or hypertensive heart disease (including hypertensive vascular disease) and their complications (including myocardial infarction, congestive heart failure, arrhythmia)

  • Stroke and its complications

 

 

 

Final rule without change from October 7, 2004, interim rule

December 18, 2006

Extension of the presumptive period for compensation for Gulf War veterans. Interim final rule. Federal Register 7(242):75669-75672. 38 CFR Part 3

Undiagnosed illnesses associated with Persian Gulf War

NONE

 

Southwest Asia theater of operations during the Persian Gulf War

Through December 31, 2011

Extends the period within which disabilities must become manifest for entitlement for compensation

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

PresumptivePeriod

Additional Information

 

U. S. Code Title 38. Veterans’ Benefits Part II. General Benefits.

 

 

 

 

 

Title 42. The Public Health and Welfare Chapter 23.

Approved February 27, 2006

38 USC § 101

NONE

Definitions:

Veteran

Spanish-American War

World War I

World War II

Korean conflict

Armed Forces

Veteran of any war

Service-connected

Non-service-connected

Active duty

Active duty for training

Inactive duty training

Active military, naval, or air service

Former prisoner of war

Reserve

Vietnam era

Persian Gulf war

 

 

 

 

Approved February 27, 2006

38 USC § 108

Death

 

 

7-year absence

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

Approved February 27, 2006

38 USC § 501

NONE

Secretary has authority to prescribe rules and regulations to carry out laws administered by the VA

 

 

 

 

Approved February 27, 2006

38 USC § 1110

Entitlement to compensation for disability resulting from diseases contracted in line of duty in the active military, naval, or air service, during a period of war

 

 

 

 

Approved February 27, 2006

38 USC § 1111

Presumption of sound condition at the time of examination, acceptance, and enrollment into service

 

 

 

 

Approved February 27, 2006

38 USC § 1112

Presumptions Relating to Certain Diseases and Disabilities:

  • Chronic disease

  • Tropical disease

  • Tuberculous (active)

  • Multiple sclerosis

  • Hansen’s disease

  • Prisoner of war-related diseases

Any of the anxiety states, *any other nutritional deficiency, *avitaminosis, *beriberi (including beriberi heart disease), *chronic dysentery, *cirrhosis of the liver, *helminthiasis, *irritable bowel

Active military service

Veteran who served for 90 days or more during a period of war

Chronic Disease: Disease manifest to 10 percent or more within 1 year from separation of such service

 

Tropical Disease: Disorders or disease originating because of therapy, administered in connection with such disease, or as a preventative

*Prisoner of War Associated Diseases: Not less than 30 days as a prisoner of war

Tropical Disease: Disease manifest to 10 percent or more within 1 year from separation of such service

Radiation-Exposed Veteran: Participation in a test involving atmospheric detonation of a nuclear device; occupation of

Radiation-Exposed Veteran: Radiation risk activity

Or

Standard or accepted incubation periods

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

syndrome, *malnutrition, organic residuals of frostbite, *pellagra, *peptic ulcer disease, *peripheral neuropathy dysthymic disorder (or depressive neurosis), posttraumatic osteoarthritis, psychosis

  • Radiation-Exposed Veteran-Related Diseases: Bronchiolo-alveolar carcinoma; cancer: bile ducts, bone, brain, breast, colon, esophagus, gall bladder, lung, ovary, pancreas, pharynx, primary liver, salivary gland, small intestine, stomach, thyroid, urinary tract; leukemia; lymphomas (except Hodgkin’s disease); multiple myeloma

 

Hiroshima or Nagasaki, Japan (August 6, 1945, to July 1, 1946); internment as a prisoner of war in Japan or service on active duty in Japan following such internment during WWII with opportunity for exposure to ionizing radiation;

Tuberculous Disease (active) and Hansen’s Disease: Disease manifest to 10 percent or more within 3 years from separation of such service

 

Multiple Sclerosis: Disease manifest to 10 percent or more within 7 years from separation of such service

Or

Performed as an employee of the DOE

Prisoner of War: Disease manifest to 10 percent or more after active military, naval, or air service

Radiation-Exposed Veterans: Disease manifest after active military, naval, or air service

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

Approved February 27, 2006

38 USC § 1116

Presumptions of service connection for diseases associated with exposure to certain herbicide agents

Active military naval, or air service

Republic of Vietnam (January 9, 1962, to May 7, 1975)

Republic of Vietnam Diseases: Manifest disease 10 percent disability or more, except for diabetes mellitus

 

Herbicide agent (containing dioxin or 2,4-dichlorophenoxy-acetic acid)

Presumption of exposure for veterans who served in the Republic of Vietnam

  • Chloracne

  • Diabetes mellitus (type 2)

  • Hodgkin’s disease

  • Multiple myeloma

  • Non-Hodgkin’s lymphoma

  • Porphyria cutanea tarda

  • Respiratory cancers (bronchus, larynx, lung, or trachea)

  • Soft tissue sarcoma

In addition: Porphyria cutanea tarda and chloracne: within 1 year from active military service

Approved February 27, 2006

38 USC § 1117

Compensation for disabilities occurring in the Persian Gulf War:

  • Undiagnosed illness (abnormal weight loss; cardiovascular signs or symptoms; fatigue; gastrointestinal signs or symptoms; headache; joint pain; menstrual disorders; muscle pain; neurological signs and symptoms; neuropsychological signs

Active duty in the Armed Forces during the Persian Gulf War

Southwest Asia theater during the Persian Gulf War

Medical or scientific evidence and historical treatment of manifestation periods that have been established

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

or symptoms; signs or symptoms involving the upper or lower respiratory system; sleep disturbances; unexplained rashes or other dermatological signs or symptoms)

  • Chronic multisymptom illness (chronic fatigue syndrome; fibromyalgia; irritable bowel syndrome)

 

 

 

 

Approved February 27, 2006

38 USC § 1118

Presumptions of service connection for illness associated with service in the Persian Gulf War (see 38 USC § 1117 for diseases)

Association with exposure to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine

Service in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War

Within a period (if any) that is prescribed in a regulation

 

Approved February 27, 2006

38 USC § 1153

Aggravation to a preexisting injury or disease

Increase in disability during active military, naval, or air service, unless the increase is due to the natural progress of the disease

 

 

 

Approved February 27,

38 USC § 1521

Veteran’s service requirements for non-

Active military, naval, or air

Service requirements:

 

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

2006

 

service-connected disability

service

  • 90 days or more during a period of war

  • Period of war and was discharged or released for a service-connected disability

  • 90 consecutive days or more and began or ended during a period of war

  • Aggregate of 90 days or more in two or more separate periods of service during more than one period of war

 

 

 

Code of Federal Regulations

 

 

 

 

 

 

38 CFR 1.18

Guidelines for establishing presumptions of service connection for former prisoners of war

Former prisoners of war

 

May give a minimum duration of detention or internment for application of the presumption

Secretary may establish a presumption of service connection for a disease when there is at least limited/suggestive evidence that an increased risk of

Defines “evidence”

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

 

such disease is associated with service involving detention or internment as a prisoner of war and an association between the two is biologically plausible

 

38 CFR 3.307

Presumptive service connection for chronic, tropical, or prisoner-of-war related disease or disease associated with exposure to certain herbicide agents

Former prisoners of war

Herbicide Agent Exposure: Republic of Vietnam (January 9, 1962, to May 7, 1975) active military, naval, or air service (including the waters off-shore and service in other locations involving duty or visitation in the Republic of Vietnam

Wartime and service on or after January 1, 1947

 

Herbicide agent exposure (specifically 2,4, D; 2,4,5-T and its contaminant TCDD; cacodylic acid; and picloram)

90 days or more during a war period or after December 31, 1946

Chronic: manifest to degree of 10 percent or more within 1 year (for Hansen’s disease; and tuberculosis within 3 years; multiple sclerosis within 7 years) from separation of service

Military service

Tropical: Manifest to a

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

degree of 10 percent or more within 1 year from separation of service or time when standard accepted treatises indicate incubation period; diseases resulting from therapy administered

 

Former Prisoners of War: Manifest to a degree of 10 percent or more after discharge or release for active service

Herbicide Agent Exposure: Manifest to a degree of 10 percent or more at any time after service except chloracne, porphyria cutanea tarda, and acute and subacute peripheral neuropathy

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

manifest to a degree of 10 percent or more within 1 year after last date veteran was exposed to an herbicide agent

 

 

38 CFR 3.309

Disease subject to presumptive service connection

  • Chronic Diseases: Anemia, primary; arteriosclerosis; arthritis; atrophy, progressive muscular; brain hemorrhage; brain thrombosis; bronchiectasis; calculi of the kidney, bladder, or gallbladder; cardiovascular-renal disease, including hypertension; cirrhosis of the liver; coccidioidomycosis; diabetes mellitus; encephalitis lethargica residuals; endocarditis; endocrinopathies; epilepsies; Hansen’s disease; Hodgkin’s disease; leukemia; lupus erythematosus, systemic; myasthenia gravis;

Military Service

Chronic Diseases: On or after January 1, 1947, following service in a period of war or peacetime service

Chronic Diseases: see section 3.307 above

 

Former Prisoner of War

Tropical Diseases: See section 3. 307 above

Radiation-Exposed Veteran: Serving active duty or Armed Forces active duty or training or inactive duty training and participated in a “radiation-risk activity”

Radiation-Exposed Veteran:

  • Participation in test atmospheric detonation of nuclear device

  • Occupation of Hiroshima or Nagasaki, Japan (August 6, 1945, to July 1, 1946)

  • Prisoner of war in Japan exposure of ionizing radiation comparable to above exposure

Radiation-Exposed Veteran: See section 3. 307 above

Exposure to Herbicide agents: See section 3. 307 above

Former Prisoner of War: Manifest to a degree of 10 percent or more after release or discharge from active military,

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

myelitis; myocarditis; nephritis; osteitis deformans (Paget’s disease); osteomalacia; other organic diseases of the nervous system; 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; ulcers, peptic (gastric or duodenal)

  • Tropical Diseases: Amebiasis; backwater fever; cholera; dracontiasis; dysentery; filariasis; leishmaniasis, including kala-azar; loiasis; malaria; onchocerciasis; oroya fever; pinta; plague; schistosomiasis; yaws; yellow fever

  • Prisoners of War: Any of the anxiety

 

  • Total of 250 days before February 1, 1992, on grounds of gaseous diffusion plant (Paducah, KY; Portsmouth OH; K25 Oak Ridge, TN)

  • Service before January 1, 1974, on Amchitka Island, AL, and exposed to underground nuclear tests at Long Shot, Milrow, or Cannikin

naval, or air service

 

*Indicate only for veteran that was detained or interned for not less than 30 days

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

states; *any other nutritional deficiency; *avitaminosis; *beriberi (including beriberi heart disease; *chronic dysentery; *cirrhosis of the liver; dysthymic disorder (or depressive neurosis); *helminthiasis; *irritable bowel syndrome; *malnutrition; organic residuals of frostbite; *pellagra; *peptic ulcer disease; *peripheral neuropathy atherosclerotic heart disease or hypertensive vascular disease; posttraumatic osteoarthritis; psychosis; stroke and its complications

  • Radiation-Exposed Veterans: Bronchiolo-alveolar carcinoma; cancer of the bile ducts, bone, brain, breast, colon, esophagus, gall bladder, lung, ovary, pancreas, pharynx, salivary gland, small intestine, stomach, thyroid, urinary tract;

 

 

 

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

leukemia; lymphomas; multiple myeloma; primary liver cancer

  • Exposure to Certain Herbicide Agents: Acute and subacute peripheral neuropathy; chloracne or other acneform disease; chronic lymphocytic leukemia; Hodgkin’s disease; multiple myeloma; non-Hodgkin’s lymphoma; porphyria cutanea tarda; prostate cancer; respiratory cancers (lung, bronchus, larynx, or trachea); soft tissue sarcoma (adult fibrosarcoma; dermatofibrosarcoma protuberans; malignant fibrous histocytoma; liposarcoma; leiomyosarcoma; epithelioid leiomyosarcoma; rhabdomyosarcoma; ectomesenchymoma; angiosarcoma; proliferating angioendotheliomatosis; malignant glomus tumor;

 

 

 

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

malignant hemangiopericytoma; synovial sarcoma; malignant giant cell tumor of tendon sheath; malignant schwannoma; 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 ganglionar neuroma); type 2 diabetes

 

 

 

 

 

38 CFR 3.310

Secondary condition established as service connection of the original condition

  • Cardiovascular disease for service-connected amputation

Service-connected amputation of one lower extremity at or above the knee or service-connected amputations of both lower extremities at or above the ankles

 

 

 

 

38 CFR 3.311

Claims based on exposure to ionizing radiation:

Ionizing radiation

Occupation of Hiroshima or Nagasaki, Japan (September 1945 to

Manifest 5 years or more after exposure

 

Cancer of the breast, bone, colon, esophageal,

Service

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

kidney, liver, lung, ovarian, pancreatic, prostate, rectum, salivary gland, skin, stomach, thyroid, urinary bladder; any other cancer; leukemia; lymphomas; multiple myeloma; non-malignant thyroid nodular disease; parathyroid adenoma; posterior subcapsular cataracts; tumors of the brain and central nervous system

 

July 1946) or other activities where they participated in atmospheric testing of nuclear weapons

Bone Cancer: Manifest within 30 years after exposure

 

Leukemia: Manifest any time after exposure

Posterior Subcapsular Cataracts: Manifest 6 months or more after exposure

 

38 CFR 3.313

Service in Vietnam

  • Non-Hodgkin’s lymphoma

Service in Vietnam

Service in Vietnam during the Vietnam Era

Subsequent to service

 

 

38 CFR 3.316

Claims based on chronic effects of exposure to mustard gas

  • Nitrogen or Sulfur Mustard: Cancers: lung (except mesothelioma), nasopharyngeal, laryngeal, squamous cell carcinoma of the skin; chronic conjunctivitis; corneal opacities; keratitis; scar formation

  • Nitrogen or Sulfur Mustard or Lewisite: Chronic form of asthma,

Exposure to nitrogen or sulfur mustard or Lewisite

Active military service

 

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

bronchitis, emphysema, laryngitis, chronic obstructive pulmonary disease

  • Nitrogen Mustard: Acute nonlymphocytic leukemia

 

 

 

 

 

38 CFR 3.317

Compensation for certain disabilities due to undiagnosed illnesses during Persian Gulf War

  • Undiagnosed illness

  • Medically unexplained chronic multisymptom illnesses defined by a cluster of signs or symptoms: chronic fatigue syndrome; fibromyalgia; irritable bowel syndrome

  • Signs or symptoms which may be manifestations of undiagnosed illness or medially unexplained chronic multisymptom illness: abnormal weight loss; cardiovascular signs or symptoms; fatigue; gastrointestinal signs or symptoms; headache; joint pain; menstrual disorders; muscle pain;

 

Southwest Asia Theater during the Persian Gulf War

Manifest either during active military, naval, or air service or to a degree of 10 percent or more not later than December 31, 2006

Chronic disabilities for a period of 6 months or more or intermittent episodes of improvement and worsening over a 6-month period

Southwest Asia Theater includes Iraq, Kuwait, Saudi Arabia, neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, United Arab Emirates, Oman, Gulf of Aden, Gulf of Oman, Persian Gulf, Arabian Sea, Red Sea, and air space above these locations)

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Date

Legislation or Regulation

Presumptive Disease

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

neurological signs and symptoms; neuropsychological signs or symptoms; signs or symptoms involving skin; signs or symptoms involving the respiratory system (upper and lower); sleep disturbances

 

 

 

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

TABLE F-2 Summary of PDDM Legislative History (by Health Outcome)

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

Chronic Constitutional Diseases

  • Anemia (primary)

  • Arteriosclerosis

  • Beriberi

  • Diabetes insipidus

  • Diabetes mellitus

  • Endocrinopathies

  • Gout

  • Haemochromatosis

  • Hemoglobinuria (paroxysmal)

  • Hemophilia

  • Hodgkin’s disease

  • Leukemia (all types)

  • Ochronosis

  • Pellagra

  • Polycythemia (Erythremia)

  • Purpura

  • Rickets

  • Scurvy

Internal Memorandum implementing Veterans’ Bureau Regulation No. 11

November 12, 1921

Chronic constitutional disease contracted during active military service

 

Within 1 year after the date of separation from service

November 12, 1921, stated connection to active military service

Office Memorandum No. 36

December 2, 1921

 

Constitutional diseases were defined on December 2, 1921

  • Arthritis (deformans and chronic)

  • Carcinoma, sarcoma, and other tumors

  • Cardiovascular-renal disease, including hypertension

  • Endocarditis, chronic

  • Leprosy (tropical disease added as a chronic disease)

Veterans’ Bureau Schedule for Rating Disabilities (based upon the WW Veterans Act, 1924)

1925

Disease contracted during military or naval services in World War I

During World War I

Characteristic manifestation within 1 year from date of separation from active service

Amends list of constitutional diseases

Or If medical evidence affirmatively

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

  • Myocarditis, chronic

  • Nephritis, chronic forms

(was not carried forward,

  • cholecystitis, chronic, proceeding to gall-stone formation

  • nephrolithiasis

  • valvulitis, chronic)

 

 

 

 

establishes conclusive service connection after 1 year of separation

 

Chronic Diseases

  • Dysentery (amoebic)

  • Encephalitis lethargica

  • Paralysis agitans

  • Psychoses (originally called neuropsychiatric disease)

  • Tuberculous (active)

World War Veterans’ Act, 1924. Public Law 68-242. 68th Cong., 1st Sess. Title II. Compensation and Treatment Ch. 320, Sec. 200, 43 Stat. 607, 615

June 7, 1924

Disease contracted during active military or naval service

Between April 6, 1917, and July 2, 1921

By January 1, 1925

 

Or Discharged or resigned prior to July 2, 1921

Characteristic manifestations of the disease to 10 percent or more

Or Discharged or resigned on or before November 11, 1918, or on or after July 2, 1921

  • Anemia (primary)

  • Arteriosclerosis

  • Arthritis

  • Cardiovascular-renal disease (including hypertension)

  • Diabetes mellitus

Executive Order 6089. Instruction No. 2, Implementing Vet. Reg. No. 1. April 12, 1933

April 12, 1933

 

 

 

Amends list of chronic diseases and presumption of tuberculosis

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

  • Encephalitis lethargica

  • Endocarditis

  • Endocrinopathies

  • Epilepsies

  • Hodgkin’s disease

  • Leukemia

  • Myocarditis

  • Nephritis

  • Organic diseases of the nervous system

  • Tumors, malignant, or of the brain

 

 

 

 

 

 

  • Bronchiectasis

  • Calculi of the kidney, bladder, or gall bladder

  • Cirrhosis of the liver

  • Coccidioidomycosis

  • Osteitis (deformans) (also called Paget’s disease)

  • Osteomalacia

  • Raynaud’s disease

  • Scleroderma

  • Thromboangiitis obliterans (Buerger’s disease)

Act of June 24, 1948. Public Law 80-748. 80th Cong., 2d Sess. Ch. 612, Sec 1, 62 Stat. 581.

June 24, 1948

Disease contracted during active service

 

At least 6 months of service and honorably discharged

 

Within 1 year after separation from active service or at a time when standard and accepted treatises indicate that the incubation period thereof commenced during active service

  • Atrophy, progressive muscular

  • Brain hemorrhage

Pensions, bonuses, and veterans’ relief.

February 9, 1949

Disease contracted during military service

Wartime service prior to January 1, 1947, to July 25,

Within 1 year after separation from active

Factual Basis: Established by medical evidence,

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

  • Brain thrombosis

  • Myasthenia gravis

  • Myelitis

  • Palsy, bulbar

  • Paralysis agitans

  • Sclerosis (amyotrophic lateral, multiple)

  • Syringomyelia

Part 3: Veterans’ claims; miscellaneous amendments. Federal Register 14(26): 568-578. Former 39 CFR Sec. 3.80; Sec. 3.86 (a), 3.95

 

 

1947

wartime service

competent lay evidence, or both

Within 1 year after the date prior to which a disability must have been incurred

Chronic disease: Manifestations sufficient to identify the disease entity and sufficient observations to establish chronicity at the time

  • Sarcoidosis

Veterans’ Benefits Act of 1957. Public Law 85-56. Sec. 301. 85th Cong., 1st Sess. Sec 301(3 and 4). 71 Stat. 83, 95.

June 17, 1957

Disease contracted during active military, naval, or air service

Veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the U.S. during a period of war, campaign, or expedition

Within 1 year after separation from active service or when standard and accepted treatises indicate incubation period

Summarizes previous rules and legislation and amends dates/location of service and presumption

Period of service after November 11, 1918, and

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

before July 2, 1921, if served after April 5, 1917, and before November 12, 1918

 

 

Period after December 31, 1946, and before July 26, 1947, if period began before January 1, 1947

Disease subject to presumptive service connection. Federal Register 26(36):1581-1582.

February 24, 1961

Disease contracted during active military, naval, or air service

 

 

Lays out criteria for presumption wartime service connection for chronic or tropical disease

Factual Basis: May be established by medical evidence, competent lay evidence, or both

Pensions, bonuses, and veterans’ relief. Part 3: Adjudication. Subpart A: Pension, compensation,

December 1, 1970

Active service

Service of 90 days or more during a war period on or after January 31, 1955

Chronic Diseases: Manifest to a degree of 10 percent or more within 1 year for Hansen’s disease (leprosy) and

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

and dependency and indemnity compensation. Federal Register 35(232):18280-18283. 38 CFR Part 3

 

 

 

tuberculosis within 3 years; multiple sclerosis within 7 years from date of separation from service

 

Increase of disability compensation and dependency and indemnity compensation rates. Federal Register 39(188):34529-34533. 38 CFR Part 3

September 26, 1974

No new ones

Active service on or after January 1, 1947

Service of 90 days or more during a war period on or after December 31, 1946

 

Chronic Before January 1, 1947: No presumption

38 CFR 3.307

 

Former prisoners of war

 

Wartime and service on or after January 1, 1947

 

Military service

90 days or more during a war period or after December 31, 1946

Chronic: manifest to degree of 10 percent or more within 1 year (for Hansen’s disease;

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

and tuberculosis within 3 years; multiple sclerosis within 7 years) from separation of service

 

38 CFR 3.309

 

Military service

Chronic Diseases: On or after January 1, 1947, following service in a period of war or peacetime service

Chronic Diseases: See section 3.307 above

 

Leprosy (also called Hansen’s disease)

Executive Order 6089. Instruction No. 2, Implementing Vet. Reg. No. 1. April 12, 1933

April 12, 1933

 

 

 

Amends list of chronic diseases and presumption of tuberculosis

Pensions, bonuses, and veterans’ relief. Part 3: Veterans’ claims; miscellaneous amendments. Federal Register 14(26):568-578. Former 39 CFR Sec. 3.80; Sec. 3.86 (a), 3.95

February 9, 1949

Disease contracted during military service

Wartime service prior to January 1, 1947, to July 25, 1947

Within 1 year after separation from active wartime service

Factual Basis: Established by medical evidence, competent lay evidence, or both

Within 1 year after the date prior to which a disability must have been incurred

Chronic Disease: Manifestations

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

sufficient to identify the disease entity and sufficient observations to establish chronicity at the time

 

Veterans’ Benefits Act of 1957. Public Law 85-56. Sec. 301. 85th Cong., 1st Sess. Sec 301(3 and 4). 71 Stat. 83, 95

June 17, 1957

Disease contracted during active military, naval, or air service

Veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the U. S. during a period of war, campaign, or expedition

Within 1 year after separation from active service or when standard and accepted treatises indicate incubation period

Summarizes previous rules and legislation and amends dates/location of service and presumption

Period of service after November 11, 1918, and before July 2, 1921, if served after April 5, 1917, and before November 12, 1918

Period after December 31, 1946, and before July 26, 1947, if

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

period began before January 1, 1947

 

 

Disease subject to presumptive service connection. Federal Register 26(36):1581-1582

February 24, 1961

Disease contracted during active military, naval, or air service

 

 

Lays out criteria for presumption wartime service connection for chronic or tropical disease

Factual Basis: May be established by medical evidence, competent lay evidence or both

Pensions, bonuses, and veterans’ relief. Part 3: Adjudication. Subpart A: Pension, compensation, and dependency and indemnity compensation. Federal Register 35(232):18280-18283. 38 CFR Part 3

December 1, 1970

Active service

Service of 90 days or more during a war period on or after January 31, 1955

Chronic Diseases: Manifest to a degree of 10 percent or more within 1 year for Hansen’s disease (leprosy) and tuberculosis within 3 years; multiple sclerosis within 7 years from date of separation from service

 

Increased disability compensation and dependency and

December 23, 1976

 

 

Chronic Diseases: Following service in a period of war

Used term Hansen’s disease instead of leprosy

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

indemnity compensation; burial benefits. Federal Register 41(248):55872-55875. 38 CFR Part 3

 

 

 

or following peacetime service on or after January 1, 1947

 

38 CFR 3.307

 

Former prisoners of war

 

Wartime and service on or after January 1, 1947

 

Military service

90 days or more during a war period or after December 31, 1946

Chronic: Manifest to degree of 10 percent or more within 1 year (for Hansen ’s disease; and tuberculosis within 3 years; multiple sclerosis within 7 years) from separation of service

38 CFR 3.309

Military service

Chronic Diseases: On or after January 1, 1947, following service in a period of

Chronic Diseases: See section 3.307 above

 

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

war or peacetime service

 

 

 

38 USC § 1112

Approved February 27, 2006

Active military service

Veteran who served for 90 days or more during a period of war

Chronic Disease: Disease manifest to 10 percent or more within 1 year from separation of such service

 

Tuberculous Disease (active) and Hansen’s Disease: Disease manifest to 10 percent or more within 3 years from separation of such service

Lupus erythematosus (systemic)

Veterans’ Benefits and Services Act of 1988. Public Law 100-322. 100th Cong., 2d Sess. Sec 312, 313. 102 Stat. 487, 535

May 20, 1988

Chronic disease contracted during military service

 

 

Amended list of diseases related to service connection of chronic diseases

Osteitis (deformans) (also called Paget’s disease)

Executive Order 6089. Instruction No. 2-A, Implementing Vet. Reg. No. 1. August 14, 1935

August 14, 1935

 

 

 

Amends list of chronic diseases

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

Psychoses (originally called neuropsychiatric disease)

Veterans’ Bureau. Public Law 67-47. 1921. 67th Cong., 1st Sess. Ch. 57, Sec. 18, 42 Stat. 147, 153

August 9, 1921

Disease contracted during active military service

On or after April 6, 1917

Within 2 years after separation from active military or naval service

 

Or Discharged or resigned active service on or before November 11, 1918

Characteristic manifestations of the disease to 10 percent or more

Executive Order 6089. Instruction No. 2, Implementing Vet. Reg. No. 1. April 12, 1933

April 12, 1933

 

 

 

Amends list of chronic diseases and presumption of tuberculosis

Pensions, bonuses, and veterans’ relief. Part 3: Veterans’ claims; miscellaneous amendments. Federal Register 14(26):568-578. Former 39 CFR Sec. 3.80; Sec. 3.86 (a), 3.95

February 9, 1949

Disease contracted during military service

Wartime service prior to January 1, 1947, to July 25, 1947

Within 1 year after separation from active wartime service

Factual Basis: Established by medical evidence, competent lay evidence, or both

Within 1 year after the date prior to which a disability must have been incurred

Chronic Disease: Manifestations sufficient to identify the disease entity and

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

observations to establish chronicity at the time

 

Veterans’ Benefits Act of 1957. Public Law 85-56. Sec. 301. 85th Cong., 1st Sess. Sec 301 (3 and 4). 71 Stat. 83, 95

June 17, 1957

Disease contracted during active military, naval, or air service

Veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the U.S. during a period of war, campaign, or expedition

Within 1 year after separation from active service or when standard and accepted treatises indicate incubation period

Summarizes previous rules and legislation and amends dates/location of service and presumption

Period of service after November 11, 1918, and before July 2, 1921, if served after April 5, 1917, and before November 12, 1918

Period after December 31, 1946, and before July 26, 1947, if period began before January 1, 1947

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

Disease subject to presumptive service connection. Federal Register 26(36):1581-1582

February 24, 1961

Disease contracted during active military, naval, or air service

 

 

Lays out criteria for presumption wartime service connection for chronic or tropical disease

Factual Basis: May be established by medical evidence, competent lay evidence or both

Pensions, bonuses, and veterans’ relief. Part 3: Adjudication. Subpart A: Pension, compensation, and dependency and indemnity compensation. Federal Register 35(232):18280-18283. 38 CFR Part 3

December 1, 1970

Active service

Service of 90 days or more during a war period on or after January 31, 1955

Chronic Diseases: Manifest to a degree of 10 percent or more within 1 year for Hansen’s disease (leprosy) and tuberculosis within 3 years; multiple sclerosis within 7 years from date of separation from service

 

38 CFR 3.307

 

Former prisoners of war

 

Wartime and service on or after January 1, 1947

 

Military service

90 days or more during a war period or after

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

December 31, 1946

 

Chronic: Manifest to degree of 10 percent or more within 1 year (for Hansen’s disease; and tuberculosis within 3 years; multiple sclerosis within 7 years) from separation of service

38 CFR 3.309

 

Military service

Chronic Diseases: On or after January 1, 1947, following service in a period of war or peacetime service

Chronic Diseases: See section 3.307 above

 

Pupura idiopathic (hemorrhagic)

Pensions, bonuses, and veterans’ relief. Part 3: Veterans’ claims; miscellaneous amendments. Federal Register 14(197):6174-6180. Former 38 CFR Sec. 3.86 (a)

October 12, 1949

Military service

 

 

Amends list of chronic diseases

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

Sarcoidosis

Pensions, bonuses, and veterans’ relief. Part 3: Veterans’ claims; miscellaneous amendments. Federal Register 15(169):5902-5910. Former 38 CFR

August 31, 1950

Disease contracted during military service

See Veterans Regulation 1(38 USC Ch. 12)

See Veterans Regulation 1(38 USC Ch. 12)

Added to list of chronic and tropical diseases

Tuberculous (active)

Veterans’ Bureau. Public Law 67-47. 1921. 67th Cong.,1st Sess. Ch. 57, Sec. 18, 42 Stat. 147, 153

August 9, 1921

Disease contracted during active military service during service

On or after April 6, 1917

Within 2 years after separation from active military or naval service

March 4, 1923, Act expanded the presumption to include all forms of tuberculosis

Or discharged or resigned active service on or before November 11, 1918

Characteristic manifestations of the disease to 10 percent or more

Executive Order 6089. Instruction No. 2, Implementing Vet. Reg. No. 1. April 12, 1933

April 12, 1933

 

 

Tuberculosis: Manifest to a degree of 10 percent within 1 year of discharge; second-year diagnoses presumptive if at 6 months for minimal cases, 9 months moderately advanced cases,

Amends list of chronic diseases and presumption of tuberculosis

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

PresumptivePeriod

Additional Information

 

 

 

 

 

and 12 months far advanced cases

 

Act of June 24, 1948. Public Law 80-748. 80th Cong., 2d Sess. Ch. 612, Sec 1, 62 Stat. 581.

June 24, 1948

Disease contracted during active service

Within 1year after separation from active service or at a time when standard and accepted treatises indicate that the incubation period thereof commenced during active service

At least 6 months of service and honorably discharged

 

Pensions, bonuses, and veterans’ relief. Part 3: Veterans’ claims; miscellaneous amendments. Federal Register 14(26):568-578. Former 39 CFR Sec. 3.80; Sec. 3.86 (a), 3.95

February 9, 1949

Disease contracted during military service

Wartime service prior to January 1, 1947, to July 25, 1947

Within 1 year after separaton from active wartime service

Factual Basis: Established by medical evidence, competent lay evidence, or both

Within 1 year after the date prior to which a disability must have been incurred

Pulmonary Tuberculosis: Specific assumptions for diagnosis in second year after service

Chronic Disease: Manifestations sufficient to identify the disease entity and sufficient observations to

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

establish chronicity at the time

 

Veterans’ Benefits Act of 1957. Public Law 85-56. Sec. 301. 85th Cong.,1st Sess. Sec 301(3 and 4). 71 Stat. 83, 95

June 17, 1957

Disease contracted during active military, naval, or air service

Veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the U.S. during a period of war, campaign, or expedition

Within 1year after separation from active service or when standard and accepted treatises indicate incubation period

Summarizes previous rules and legislation and amends dates/location of service and presumption

Period of service after November 11, 1918, and before July 2, 1921, if served after April 5, 1917, and before November 12, 1918

Period after December 31, 1946, and before July 26, 1947, if period began before January 1, 1947

Disease subject to presumptive

February 24, 1961

Disease contracted during active military,

 

 

Lays out criteria for presumption

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

service connection. Federal Register 26(36):1581-1582.

 

naval, or air service

 

 

wartime service connection for chronic or tropical disease

Factual Basis: May be established by medical evidence, competent lay evidence or both

Pensions, bonuses, and veterans’ relief. Part 3: Adjudication. Subpart A: Pension, compensation, and dependency and indemnity compensation. Federal Register 35(232):18280-18283. 38 CFR Part 3

December 1, 1970

Active service

Service of 90 days or more during a war period on or after January 31, 1955

Chronic Diseases: Manifest to a degree of 10 percent or more within 1 year for Hansen’s disease (leprosy) and tuberculosis within 3 years; multiple sclerosis within 7 years from date of separation from service

 

Pension, compensation, and dependence and indemnity. Final regulation. Federal Register 43(191):45347-45362. 38 CFR Part 3

October 2, 1978

 

 

Removes the presumptive period of 6, 9, and 12 months for minimally, moderately, and far advanced tuberculosis to:

Amends presumptive period

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

Developing within 3 years from the date of separation from active service

 

38 CFR 3.307

 

Former prisoners of war

 

Wartime and service on or after January 1, 1947

 

Military service

90 days or more during a war period or after December 31, 1946

Chronic: Manifest to degree of 10 percent or more within 1 year (for Hansen’s disease; and tuberculosis within 3 years; multiple sclerosis within 7 years) from separation of service

38 CFR 3.309

 

Military service

Chronic Diseases: On or after January 1, 1947, following service in a period of war or peacetime service

Chronic Diseases: See section 3.307 above

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

38 USC § 1112

Approved February 27, 2006

Active military service

Veteran who served for 90 days or more during a period of war

Chronic Disease: Disease manifest to 10 percent or more within 1 year from separation of such service

 

Tuberculous Disease (active) and Hansen’s Disease: Disease manifest to 10 percent or more within 3 years from separation of such service

Ulcers, peptic (gastric or duodenal)

Veterans’ Bureau Schedule of Disability Ratings Extension 6

November 2, 1928

 

 

Manifest within 6 months from discharge from military service and shown present within 1 year after discharge

Establishes service connection for ulcers

Act of June 24, 1948. Public Law 80-748. 80th Cong., 2d Sess. Ch. 612, Sec 1, 62 Stat. 581

June 24, 1948

Disease contracted during active service

 

At least 6 months of service and honorably discharged

 

Within 1year after separation from active

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

service or at a time when standard and accepted treatises indicate that the incubation period thereof commenced during active service

 

Pensions, bonuses, and veterans’ relief. Part 3: Veterans’ claims; miscellaneous amendments. Federal Register 14(26):568-578. Former 39 CFR Sec. 3.80; Sec. 3.86 (a), 3.95

February 9, 1949

Disease contracted during military service

Wartime service prior to January 1, 1947, to July 25, 1947

Within 1 year after separation from active wartime service

Factual Basis: Established by medical evidence, competent lay evidence, or both

Ulcer (peptic): within 6 months form date of active service or within 6 months of July 25, 1947; or more than 6 months then evidence of continuity of characteristic symptoms during the first 6 months after termination of active service

Within 1 year after the date prior to which a disability must have been incurred

Chronic disease: Manifestations sufficient to identify the disease entity and sufficient observations to establish chronicity at the time

Veterans’ Benefits Act of

June 17, 1957

Disease contracted during active military,

Veteran who engaged in

Within 1 year after separation

Summarizes previous rules and

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

1957. Public Law 85-56. Sec. 301. 85th Cong., 1st Sess. Sec 301(3 and 4). 71 Stat. 83, 95.

 

naval, or air service

combat with the enemy in active service with a military, naval, or air organization of the U.S. during a period of war, campaign, or expedition

from active service or when standard and accepted treatises indicate incubation period

legislation and amends dates/location of service and presumption

Period of service after November 11, 1918, and before July 2, 1921, if served after April 5, 1917, and before November 12, 1918

Period after December 31, 1946, and before July 26, 1947, if period began before January 1, 1947

Disease subject to presumptive service connection. Federal Register 26(36):1581-1582

February 24, 1961

Disease contracted during active military, naval, or air service

 

 

Lays out criteria for presumption wartime service connection for chronic or tropical disease

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

 

Factual Basis: May be established by medical evidence, competent lay evidence, or both

Pensions, bonuses, and veterans’ relief. Part 3: Adjudication. Subpart A: Pension, compensation, and dependency and indemnity compensation. Federal Register 35(232):18280-18283. 38 CFR Part 3

December 1, 1970

Active service

Service of 90 days or more during a war period on or after January 31, 1955

Chronic Diseases: Manifest to a degree of 10 percent or more within 1 year for Hansen’s disease (leprosy) and tuberculosis within 3 years; multiple sclerosis within 7 years from date of separation from service

 

38 CFR 3.307

 

Former prisoners of war

 

Wartime and service on or after January 1, 1947

 

Military service

90 days or more during a war period or after December 31, 1946

Chronic: Manifest to degree of 10 percent or more

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

within 1 year (for Hansen’s disease; and tuberculosis within 3 years; multiple sclerosis within 7 years) from separation of service

 

38 CFR 3.309

 

Military service

Chronic Diseases: On or after January 1, 1947, following service in a period of war or peacetime service

Chronic Diseases: See section 3.307 above

 

Preexisting chronic disease before entry into service. Assumption any disease considered chronic because does not specify diseases

Service connection by presumption of aggravation of a chronic preexisting disease. Final rule. Federal Register 67(216):67792-67793. 38 CFR Part 3

November 7, 2002

Military service

 

Chronic Disease: Manifests to a 10 percent degree of disability within a specified period after service. Aggravated by the veteran’s military service

Made ruling based on the decision of the United States Court of Appeals for the Federal Circuit. Splane v. West, 216 F. 3d 1058 (2000)

Amends 38 CFR Part 3

Tropical Diseases

  • Malaria

VA Circular No. 8, section I

December 28, 1945

Disease contracted during active service

 

Within 1 year after separation of active service military service

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

  • Dysentery (amebic, bacillary)

  • Filariasis (Bancroft’s type)

  • Leishmaniasis (including kala-azar)

  • Malaria

  • Schistosomiasis

  • Trypanosomiasis

  • Yaws

Disability ratings for malaria and chronic diseases characteristically tropical in origin. Veterans Administration Technical Bulletin 8-6. Washington, DC: VA

January 3, 1947

Disease contracted during wartime service

Service in the tropics or a place having a high incidence of the disease under consideration

Within 1 year after separation of active wartime service

Relapses of malaria (after the 1 year separation) need others, under oath to establish frequency of relapse over a period of time relating back to the 1-year period following discharge

  • Black water fever

  • Cholera

  • Dracontiasis

  • Dysentery

  • Filariasis

  • Leishmaniasis

  • Leprosy

  • Loiasis

  • Malaria

  • Onchocerciasis

  • Oroya fever

  • Pinta

  • Plague

  • Schistosomiasis

  • Yaws

  • Yellow fever

Act of June 24, 1948. Public Law 80-748. 80th Cong., 2d Sess. Ch. 612, Sec 1, 62 Stat. 581

June 24, 1948

Disease contracted during active service

 

At least 6 months of service and honorably discharged

 

Within 1 year after separation from active service or at a time when standard and accepted treatises indicate that the incubation period thereof commenced during active service

Pensions, bonuses, and veterans’ relief. Part 3: Veterans’ claims;

February 9, 1949

Disease contracted during military service

Wartime service prior to January 1, 1947, to July 25, 1947

Within one year after separation from active wartime service

Factual Basis: Established by medical evidence, competent lay evidence, or both

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

miscellaneous amendments. Federal Register 14(26):568-578. Former 39 CFR Sec. 3.80; Sec. 3.86 (a), 3.95

 

 

Tropical Diseases: Service in the tropics or a place having a high incidence of the disease under consideration

Within 1 year after the date prior to which a disability must have been incurred

 

Tropical Disease: When shown to exist at a time when standard and accepted treatises indicate that the incubation period of the diseases commenced during active service

Characteristic manifestations of the disease to 10 percent or more, except pulmonary tuberculosis

  • Amebiasis

Pensions, bonuses, and veterans’ relief. Part 3: Veterans’ claims; miscellaneous amendments. Federal Register

August 31, 1950

Disease contracted during military service

See Veterans Regulation 1 (38 USC Ch. 12)

See Veterans Regulation 1 (38 USC Ch. 12)

Added to list of chronic and tropical diseases

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

15(169):5902-5910. Former 38 CFR

 

 

 

 

 

Veterans’ Benefits Act of 1957. Public Law 85-56. Sec. 301. 85th Cong., 1st Sess. Sec 301(3 and 4). 71 Stat. 83, 95

June 17, 1957

Disease contracted during active military, naval, or air service

Veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the U.S. during a period of war, campaign, or expedition

Tropical Diseases: Serves 6 months or more and contracts tropical or disease because of therapy in connection with tropical disease

Summarizes previous rules and legislation and amends dates/location of service and presumption

Within 1 year after separation from active service or when standard and accepted treatises indicate incubation period

Period of service after November 11, 1918, and before July 2, 1921, if served after April 5, 1917, and before November 12, 1918

Period after December 31, 1946, and before July 26, 1947, if period began before January 1, 1947

Disease subject to presumptive

February 24, 1961

Disease contracted during active military,

 

 

Lays out criteria for presumption

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

service connection. Federal Register 26(36):1581-1582

 

naval, or air service

 

 

wartime service connection for chronic or tropical disease

Factual Basis: May be established by medical evidence, competent lay evidence or both

Pensions, bonuses, and veterans’ relief. Part 3: Adjudication. Subpart A: Pension, compensation, and dependency and indemnity compensation. Federal Register 35(232):18280-18283. 38 CFR Part 3

December 1, 1970

Active service

Service of 90 days or more during a war period on or after January 31, 1955

Tropical Diseases: Manifest to a degree of 10 percent or more within 1 year from date of separation from service or at a time when standard treatises indicate that the incubation period commenced during such service

 

Increase of disability compensation and dependency and indemnity compensation rates. Federal Register

September 26, 1974

Active service on or after January 1, 1947

Service of 90 days or more during a war period on or after December 31, 1946

Tropical Before January 1, 1947: Manifest to a degree of 10 percent or more within 1 year after separation from active service or

 

Tropical Before January 1, 1947: Veteran with 6 or months of service

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

39(188):34529-34533. 38 CFR Part 3

 

 

 

at a time when standard and accepted treatises indicate that the incubation period commenced during active service

 

  • Hansen’s disease

Increased disability compensation and dependency and indemnity compensation; burial benefits. Federal Register 41(248):55872-55875. 38 CFR Part 3

December 23, 1976

 

 

Tropical Diseases: Tropical service following service in a period of war or following peacetime service

Used term Hansen’s disease instead of leprosy

All tropical diseases listed.

38 CFR 3.307

 

Former prisoners of war

 

Wartime and service on or after January 1, 1947

 

Military service

90 days or more during a war period or after December 31, 1946

Tropical: Manifest to a degree of 10 percent or more within 1 year

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

from separation of service or time when standard accepted treatises indicate incubation period; diseases resulting from therapy administered

 

38 CFR 3.309

 

Military service

 

Tropical Diseases: See section 3.307 above

 

38 USC § 1112

Approved February 27, 2006

Active military service

Veteran who served for 90 days or more during a period of war

Tropical Disease: Disease manifest to 10 percent or more within 1 year from separation of such service

 

Tropical Disease: Disorders or disease originating because of therapy, administered in connection with such disease, or as a preventative

 

Or Standard or accepted incubation periods

Hansen’s Disease: Disease manifest to 10 percent or more within 3 years from separation of such service

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

Prisoner of War Diseases

  • Avitaminosis

  • Beriberi (including beriberi heart disease)

  • Chronic dysentery

  • Helminthiasis

  • Malnutrition (including optic atrophy associated with malnutrition)

  • Other nutritional deficiency

  • Pellagra

  • Psychosis

Public Law 91-376. Sec. 3. 91st Cong., 2d Sess., 1970. Sec 3. 84 Stat. 787, 788

August 12, 1970

Active military, naval, or air service and was held prisoner of war

Held by Imperial Japanese government or the German government during World War II, government of North Korea during the Korean conflict, or the government of North Vietnam, or the Viet Cong during the Vietnam era

Detained or interned for not less than 6 months

Service connection presumption for former prisoners of war

Characteristic manifestations of the disease (except psychosis) to 10 percent or more after service

Psychosis: Characteristic manifestations of the disease to 10 percent or more within 2 years after separation from service

Pensions, bonuses, and veterans’ relief. Part 3: Adjudication. Subpart A: Pension, compensation, and dependency and indemnity compensation. Federal Register 35(232):18280-18283. 38 CFR Part 3

December 1, 1970

Active service

Service of 90 days or more during a war period on or after January 31, 1955

Prisoners of War: Manifest to a degree of 10 percent or more at any time after service, except psychosis, 10 percent within 2 years from date of separation from service

 

Former Prisoners of War: Held by an enemy government or its agents during WWII, Korean conflict, or the Vietnam era, suffered from dietary deficiencies, forced labor, or inhumane treatment

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

  • Any of the anxiety states

Increase of disability compensation and dependency and indemnity compensation rates. Federal Register 39(188):34529-34533. 38 CFR Part 3

September 26, 1974

Active service on or after January 1, 1947

Service of 90 days or more during a war period on or after December 31, 1946

 

 

Former Prisoner of War Benefits Act of 1981. Public Law 97-37. 97th Cong., 1st Sess. Sec 4. 95 Stat. 935, 936

August 14, 1981

Former prisoner of war

While serving in active military, naval, or air service, was forcibly detained or interned in line of duty by an enemy government or its agents, or a hostile force during a period of war

Characteristic manifestations of the disease to 10 percent or more after service

Amends list of associated diseases of former prisoners of war

Detained or interned for not less than 30 days

The previous prisoner of war presumption is for the period of time not less than 6 months. This act changes that period of time to not less than 30 days

Veterans Benefits; Former Prisoners of War. Final regulations. Federal Register 47(53):11655-11656. 38 CFR Part 3

March 18, 1982

Former prisoner of war

While serving in active military, naval, or air service, was forcibly detained or interned in line of duty by an enemy government or its

Characteristic manifestations of the disease to 10 percent or more after service

Implementing the new Former Prisoner of War Benefits Act of 1981

Detained or interned for not less than 30 days

Amended period of detainment for presumption of

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

agents, or a hostile force during a period of war on or after January 1, 1947

 

disease

  • Dysthymic disorder (or depressive neurosis)

Veterans’ Compensation and Program Improvements Amendments of 1984, Public Law 98-223. 98th Cong., 2d Sess. Sec. 111 98 Stat. 37, 40

March 2, 1984

Prisoner of war

 

 

Amends list of diseases associated with former prisoner of war

  • Organic residuals of frostbite

  • Posttraumatic osteoarthritis

Veterans’ Benefits Improvements and Health-Care Authorization Act of 1986. Public Law 99-576. 99th Cong., 2d Sess. Sec 108. 100 Stat. 3248, 3252

October 28, 1986

Former prisoner of war

 

 

Amends list of associated diseases of former prisoners of war

  • Irritable bowel syndrome

  • Peptic ulcer disease

  • Peripheral neuropathy (except where directly related to infectious causes)

Veterans’ Benefits and Services Act of 1988. Public Law 100-322. 100th Cong., 2d Sess. Sec 312, 313. 102 Stat. 487, 535

May 20, 1988

Prisoner of war

 

 

Amended list of diseases related to Former prisoners of war and service connection of chronic diseases

  • Cirrhosis of the liver

Presumption of

February 10,

Former prisoners of

 

Detained for at

Amended list of

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

service connection for cirrhosis of the liver in former prisoners of war. Proposed rule. Federal Register 68(27):6679-6680. 38 CFR Part 3

2003

war

 

least 30 days

diseases associated with prisoners of war

Evidence: Significantly higher risk of death from cirrhosis in former WWII prisoners of war than the general population

Presumption of service connection for cirrhosis of the liver in former prisoners of war. Final rule. Federal Register 68(138):42602-42603. 38 CFR Part 3

July 18, 2003

 

 

 

No change from proposed rule

Veterans Benefits Enhancement Act of 2003 S. Rep. No. 108-169 108th Cong. 1st Sess. 11 (proposed Act)

October 21, 2003

Former prisoners of war veteran active military, naval, or air service

Former prisoner of war

Disease to manifest to a degree of 10 percent or more after active service

Proposed act that would amend the diseases associated with former prisoners of war

Veterans Benefits Act of 2003. Public Law 108-183. 108th Cong.,

December 16, 2003

 

 

Detained or interned for not less than 30 days (for following

No change from proposed act

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

1st Sess., Sec. 201. 117 Stat. 2651

 

 

 

diseases: any other nutritional deficiency, avitaminosis, beriberi, chronic dysentery, cirrhosis of the liver, helminthiasis, irritable bowel syndrome, malnutrition, pellagra, peptic ulcer disease, peripheral neuropathy)

 

  • Atherosclerotic disease or Hypertensive vascular disease (including hypertensive heart disease and their complications [including myocardial infarction, congestive heart failure, arrhythmia])

  • Stroke and its complications

Presumptions of service connection for diseases associated with service involving detention or internment as a prisoner of war. Interim final rule. Federal Register 69(194):60083-60090. 38 CFR Parts 1 and 3

October 7, 2004

Former prisoner of war

 

Eliminated the 30-day detained requirement for psychosis, any anxiety state, dysthymic disorders, organic residuals of frostbite, and posttraumatic osteoarthritis

Amended diseases associated with former prisoner of war and amended the 30-day requirement for some of the related diseases

Defines the evidence necessary to determine presumption of service connection

The new diseases in this rule are presumed to be service connected following any period of prisoner-of-war

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

activity

 

Presumptions of service connection for diseases associated with service involving detention or internment as a prisoner of war. Affirmation of interim final rule as final rule. Federal Register 70(123): 37040-37042. 38 CFR Parts 1 and 3

June 28, 2005

 

 

 

Final rule without change from October 7, 2004 interim rule

  • Diabetes (type 2)

  • Heart disease

  • Osteoporosis

  • Stroke

Prisoner of War Benefits Act of 2005 (proposed act). 109th Cong. 1st Sess. Senate Bill 1271

June 20, 2005

Former prisoners of war

 

 

Proposed act to amend the list of diseases associated with former prisoners of war

38 CFR 3.307

 

Former prisoners of war

 

Wartime and service on or after January 1, 1947

 

Military service

90 days or more during a war period or after December 31, 1946

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

Former Prisoners of War: Manifest to a degree of 10 percent or more after discharge or release for active service

 

38 CFR 3.309

 

Former prisoner of war

 

Former Prisoner of War: Manifest to a degree of 10 percent or more after release or discharge from active military, naval, or air service

 

Prisoner of war associated diseases: not less than 30 days as a prisoner of war (for the following diseases: any other nutritional deficiency, avitaminosis, beriberi, chronic dysentery, cirrhosis of the liver, helminthiasis, irritable bowel

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

syndrome, malnutrition, pellagra, peptic ulcer disease, peripheral neuropathy)

 

38 USC § 1112

Approved February 27, 2006

Active military service

Veteran who served for 90 days or more during a period of war

Prisoner of War: Disease manifest to 10 percent or more after active military, naval, or air service

 

Prisoner of War Associated Diseases: Not less than 30 days as a prisoner of war (for the following diseases: any other nutritional deficiency, avitaminosis, beriberi, chronic dysentery, cirrhosis of the liver, helminthiasis, irritable bowel syndrome, malnutrition, pellagra, peptic ulcer disease, peripheral neuropathy)

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

Diseases Associated with Service Amputation

Ischemic heart disease (or other cardiovascular disease)

Pension, compensation, and dependency and indemnity compensation, proximate results, secondary conditions. Federal Register 44(168):50339-50340. 38 CFR Part 3, Sec. 3.310

August 28, 1979

Service-connected amputation of one lower extremity at or above the knee or service-connected amputations of both lower extremities at or above the ankles

 

 

 

Diseases Associated with Herbicide Exposure

  • Chloracne

Adjudication of claims based on exposure to dioxin or ionizing radiation. Final rules. Federal Register 50(165):34452-34461. 38 CFR Parts 1 and 3

August 26, 1985

Herbicide

  • Dioxin (2,3,7,8 tetrachlorodibenzo-p-dioxin)

Dioxin

Vietnam era

Dioxin Exposure: No later than 3 months from the date of exposure

Dioxin: Presumed to have been exposed if served in the Vietnam era

  • Chloracne (or another acneform disease)

  • Non-Hodgkin’s lymphoma

  • Soft tissue sarcoma

Agent Orange Act of 1981. Public Law 102-4. 102d Cong., 1st Sess. 105 Stat. 11

February 6, 1991

Active military, naval, or air service

Republic of Vietnam; Vietnam era

Non-Hodgkin’s Lymphoma and Soft Tissue Sarcoma (other than osteosarcoma, chondrosarcoma, kaposi’s

 

Exposure to herbicide agent containing dioxin or 2,4-dichlorophenoxyacetic acid or other chemical

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

compound in an herbicide agent

 

sarcoma, or mesothelioma): Manifest 10 percent or more disability

 

Chloracne: 10 percent or more disability within 1 year after the last date active duty in Republic of Vietnam

  • Chloracne

  • Soft tissue sarcoma (adult fibrosarcoma; dermatofibrosarcoma protuberans; malignant fibrous histocytoma; liposarcoma; leiomyosarcoma; epithelioid leiomyosarcoma; rhabdomyosarcoma; ectomesenchymoma; angiosarcoma; proliferating angioendotheliomato-sis; malignant glomus tumor; malignant hemangiopericytoma; synovial sarcoma; malignant giant cell tumor of tendon sheath;

Claims based on exposure to herbicides containing dioxin (soft tissue sarcomas). Final regulation. Federal Register 56(199):51651-51653.38 CFR Parts 3 and 4

October 15, 1991

Exposure to herbicides containing dioxin

Republic of Vietnam; Vietnam era

Chloracne: Manifested not later than 3 months from the date of exposure

Lists diseases associated with exposure to herbicides containing dioxin

Soft Tissue Sarcoma: Manifest at any time after service

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

malignant schwannoma; malignant mesenchymoma; malignant granular cell tumor; alveolar soft part sarcoma; epithelioid sarcoma; clear cell sarcoma of tendons and aponeuroses)

 

 

 

 

 

 

  • Peripheral neuropathy

Claims based on exposure to herbicides containing dioxin (peripheral neuropathy/lung cancer). Proposed rule. Federal Register 57(13):2236-2238. 38 CFR Part 3

January 21, 1992

Herbicide (containing dioxin) exposure

Military service

Peripheral Neuropathy: Manifested not later than 10 years following the date of exposure

Proposed rule amends diseases associated with exposure to herbicides containing dioxin

Military service

Diseases NOT Associated with Exposure to Herbicides (containing dioxin):

  • Lung cancer

  • Porphyria cutanea tarda

  • Hodgkin’s disease

  • Porphyria cutanea tarda

Disease associated with exposure to certain herbicide agents. Final rule. Federal Register 59(23):5106-5107. 38 CFR Part 3

February 3, 1994

Herbicide agent exposure: specifically, 2,4-D; 2,4,5-T, and its contaminant TCDD; cacodylic acid; and picloram

Republic of Vietnam; Vietnam era

Disease manifest to 10 percent or more at any time after service

Amends list of diseases to other chronic, tropical, or prisoner-of-war related diseases or disease associated with exposure to certain herbicide agents; wartime and

And wartime and service on or after January 1, 1947

Porphyria Cutanea Tarda: 10 percent or more manifested

During active

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

military, naval, or air service

 

within a year after the last date veteran was exposed to an herbicide agent during active military, naval, or air service

service on or after January 1, 1947

  • Multiple myeloma

  • Respiratory cancers:
    Bronchus
    Larynx
    Lung
    Trachea

Disease associated with exposure to certain herbicide agents (multiple myeloma and respiratory cancers). Final rule. Federal Register 59(110):29723-29724. 38 CFR Part 3

June 9, 1994

Herbicide agent exposure

Republic of Vietnam; Vietnam era

Multiple Myeloma: Disease manifest to 10percent or more at any time after service

Amends list of diseases associated with chronic, tropical or prisoner of war, or exposure to certain herbicide agents

During active military, naval, or air service

And wartime and service on or after January 1, 1947

Respiratory Cancers: Within 30 years after the last date on which the veteran was exposed to an herbicide agent during active military, naval, or air service

  • Hodgkin’s disease

  • Multiple myeloma

  • Porphyria cutanea tarda

  • Respiratory cancers:
    Bronchus
    Larynx
    Lung

Persian Gulf War Veterans’ Benefits Act of 1994. Public Law 103-446. 103d Cong., 2d. Sess. 108 Stat.4645

November 2, 1994

Herbicide agent exposure

 

Hodgkin’s Disease and Multiple Myeloma: Manifest to 10 percent disability or more

Codified these diseases to the list of herbicide-exposure presumptions

During active military, naval, or air service

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

Trachea

 

 

 

 

Porphyria Cutanea Tarda: 10 percent or more manifested within a year after the last date veteran was exposed to an herbicide agent during active military, naval, or air service

 

Respiratory Cancers: Within 30 years after the last date on which the veteran was exposed to an herbicide agent during active military, naval, or air service

  • Acute and subacute peripheral neuropathy

  • Prostate cancer

Diseases associated with exposure to certain herbicide agents (prostate cancer and acute and subacute peripheral neuropathy). Final rule.

November 7, 1996

Herbicide agent exposure

Republic of Vietnam; Vietnam era

Manifest to 10 percent disability or more after service

Amends list of diseases associated with exposure to certain herbicide agents

During active military, naval, or air service

And wartime and service on or after January 1, 1947

Note: Acute and subacute peripheral neuropathy by definition appears

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

Federal Register 61(217):57586-57589. 38 CFR Part 3

 

 

 

within weeks or months of exposure to a herbicide agent and resolves within 2 years of the date of onset

 

  • Type 2 Diabetes

Disease associated with exposure to certain herbicide agents: Type 2 diabetes. Final rule. Federal Register 66(89):23166-23169. 38 CFR Part 3

May 8, 2001

Herbicide exposure

In the Republic of Vietnam during the Vietnam Era

Illness manifest to a degree of 10 percent or more

Amends diseases associated to exposure to herbicides

Or active military service

  • Diabetes mellitus (type 2)

  • Respiratory cancers

Veterans Education and Benefits Expansion Act of 2001. Public Law 107-103. 107th Cong., 1st Sess.

December 27, 2001

Herbicide exposure

 

Herbicide Exposure Additional Diseases: Up to September 30, 2015

Respiratory Cancers: Presumptive period amended from “within 30 years” through “May 7, 1975”

Extension of presumptive period for respiratory cancers and additional diseases associated with herbicide exposure and Persian Gulf exposure

Military service Vietnam Veteran active service

Amends date of presumption and exposure candidates

Compensation and pension provisions of the

June 10, 2003

 

 

 

Herbicide Exposure: Eliminates

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

Veterans Education and Benefits Expansion Act of 2001. Final Rule. Federal Register 68(111):34539-34543. 38 CFR Parts 3 and 13

 

 

 

 

respiratory cancer, must manifest within 30 years of departure from Vietnam to qualify for presumption based on herbicide exposure and expand presumption of exposure to herbicides to all Vietnam veterans

  • Chronic lymphocytic leukemia

Disease associated with exposure to certain herbicide agents: Chronic lymphocytic leukemia. Final rule. Federal Register 68(200):59540-59542. 38 CFR Part 3

October 16, 2003

Herbicide exposure

Republic of Vietnam during the Vietnam era

 

Amends list of diseases associated with exposure to herbicide agents

Military service

  • Type 2 diabetes

Change of effective date of rule adding a disease associated with exposure to certain herbicide agents: Type 2 diabetes. Final rule. Federal Register

June 8, 2004

 

 

 

Change of effective date of presumption to May 8, 2001

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

69(110):31882-31883. 38 CFR Part 3

 

 

 

 

 

Presumptions of service connection for diseases associated with exposure to certain herbicide agents

38 USC § 1116

Approved February 27, 2006

Active military naval, or air service

Republic of Vietnam (January 9, 1962, to May 7, 1975)

Republic of Vietnam Diseases: Manifest disease 10 percent disability or more

 

Herbicide agent (containing dioxin or 2,4-dichlorophenoxyacetic acid)

In addition: Porphyria cutanea tarda and Chloracne: within 1 year from active military service

Presumptive service connection for chronic, tropical, or prisoner-of-war related disease or disease associated with exposure to certain herbicide agents

38 CFR 3.307

 

Former prisoners of war

Herbicide Agent Exposure: Republic of Vietnam (January 9, 1962, to May 7, 1975) active military, naval, or air service (including the waters offshore and service in other locations involving duty or visitation in the Republic of Vietnam

Wartime and service on or after January 1, 1947

 

Herbicide agent exposure (specifically 2,4, D; 2,4,5T and its contaminant TCDD; cacodylic acid; and picloram)

90 days or more during a war period or after December 31, 1946

Military service

Herbicide Agent Exposure: Manifest to a degree of 10 percent or more at any time after service except

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

chloracne, porphyria cutanea tarda, and acute and subacute peripheral neuropathy manifest to a degree of 10 percent or more within 1 year after last date veteran was exposed to an herbicide agent

 

38 CFR 3.309

 

Military service

 

Exposure to Herbicide Agents: See section 3.307 above

 

Former prisoner of war

Radiogenic Disease

  • All forms of leukemia (except chronic lymphatic leukemia)

  • Cancer (bone, colon, esophageal, female breast, kidney, liver, lung, pancreatic, salivary gland, skin, stomach, thyroid, urinary bladder) Multiple myeloma

Adjudication of claims based on exposure to dioxin or ionizing radiation. Final rules. Federal Register 50(165):34452-34461. 38 CFR Parts 1 and 3

August 26, 1985

Radiation

  • Ionizing

Ionizing Hiroshima or Nagasaki, Japan (September 1945 until July 1946)

Ionizing: Leukemias and bone cancer must become manifest within 30 years after exposure; other forms of cancer must become manifest 5 years or more after exposure

Ionizing: Exposure at the highest level of the dose range estimated will be presumed; several factors to be considered in determining whether disease resulted from exposure during service

  • Cancer (breast, salivary gland)

  • Leukemia (other than

Claims based on exposure to ionizing

October 18, 1989

Ionizing radiation

 

Bone Cancer: Manifest within 30 years after

Amended diseases considered to be radiogenic

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

chronic lymphatic [lymphocytic] leukemia)

  • Multiple myeloma

  • Nonmalignant thyroid nodular disease

  • Posterior subcapsular cataracts

radiation. Final regulations. Federal Register 54(200):42802-42803. 38 CFR Part 3

 

 

 

exposure

 

Leukemia: Manifest any time after exposure

Withdrew proposed clarification concerning when service connection can be established based upon claimed exposure to ionizing radiation and herbicides containing dioxin

Posterior Subcapsular Cataracts: Manifest 6 months or more after exposure

Other Diseases: Manifest 5 years or more after exposure

Diseases Associated with Radiation Exposure

  • Cancer (bile ducts, breast, esophagus, gall bladder, pancreas, pharynx, primary liver, small intestine, stomach, thyroid)

  • Leukemia(other than chronic lymphocytic leukemia)

  • Lymphomas (except Hodgkin’s disease)

  • Multiple myeloma

Radiation-Exposed Veterans Compensation Act of 1988. Public Law 100-321. 100th Cong., 2d Sess., Section 2, 102 Stat. 485

May 20, 1988

Radiation-risk activity

  • Participation in a test involving atmospheric detonation of a nuclear device

  • Occupation of Hiroshima or Nagasaki, Japan (August 6, 1945, to July 1, 1946)

  • Prisoner of war in Japan during WWII exposure of ionizing radiation

Japan WWI August 6, 1945, to July 1, 1946

40-year period beginning on the last date where the veteran participated in a radiation-risk activity except leukemia (30-year period after radiation-risk activity)

 

Others

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

Radiation Exposure Compensation Act of 1990. Public Law 101-426. 101st Cong., 2d Sess., 104 Stat. 920

October 15, 1990

Radiation exposure

  • Above-ground nuclear tests

  • Uranium miners

Government’s above-ground nuclear tests in Nevada and lived downwind in Nevada, Utah, and Arizona

Childhood leukemia and other diseases (January 21, 1951, to October 31, 1958; or June 30, 1962, to July 31, 1962)

Individuals not in military

  • Uranium miners

  • Downwind to nuclear tests

Underground uranium mines

For miners: Any individual who was employed in a uranium mine located in Colorado, New Mexico, Arizona, Wyoming, or Utah at any time during the period beginning on January 1, 1947, and ending on December 31, 1971

Leukemia (presumptive period)

Veterans’ Benefits Programs Improvement Act of 1991. Public Law 102-86. 102d Cong., 1st Sess., Sec. 104, 105. 105 Stat. 414

August 14, 1991

Radiation exposure

Amends service to during active military, naval, or air service or reserve component of the Armed Forces, participated in a radiation-risk activity during a

 

Amends presumptive period for occurrence of leukemia and location of radiation exposure

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

period of active duty for training or inactive duty training

 

 

  • Cancer of the: salivary gland urinary tract

Veterans’ Radiation Exposure Amendments of 1992. Public Law 102-578. 102d Cong., 2d Sess., Sec 2. 106 Stat. 4774

October 30, 1992

Radiation exposure

 

 

Adds diseases to the list associated with exposure to radiation and elimination of latency-period limitations

  • Ovarian cancer

  • Parathyroid adenoma

Claims based on exposure to ionizing radiation. Final rule. Federal Register 58(57):16358-16359. 38 CFR Part 3

March 26, 1993

Ionizing radiation

 

 

Amends diseases associated with exposure to ionizing radiation

Radiation Exposure Compensation Act of 1990. Final Rule. Federal Register 58(79):25564-25565. 38 CFR Part 3

April 27, 1993

 

 

 

Establishes compensation to any individual under the provisions of the Radiation Exposure Compensation Act of 1990

  • Tumors of the brain and central nervous system

Claims based on exposure to ionizing

September 6, 1994

Ionizing radiation

 

 

Amended diseases associated with exposure to ionizing

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

radiation. Final rule. Federal Register 59(171):45975. 38 CFR Part 3

 

 

 

 

radiation

  • Cancer of the rectum

  • Lymphomas other than Hodgkin’s disease

Claims based on exposure to ionizing radiation (lymphomas other than Hodgkin’s disease and cancer of the rectum). Final rule. Federal Register 60(198):53276-53277. 38 CFR Part 3

October 13, 1995

Ionizing radiation

 

 

Amends diseases associated with exposure to ionizing radiation

  • Prostate cancer

  • Any other cancer

Claims based on exposure to ionizing radiation (prostate cancer and any other cancer). Final rule. Federal Register 63(185):50993-50995. 38 CFR Part 3

September 24, 1998

Ionizing radiation

 

 

Amends diseases associated with exposure to ionizing radiation

Nuclear Atmospheric Testing:

  • Brain cancer

  • Colon cancer

Radiation Exposure Compensation Act Amendments

July 10, 2000

Nuclear atmospheric testing

Leukemia: Physically present in affected area for at least 1 year

Lung Cancer: Onset of disease at least 2 years after first

Amends list of diseases associated to radiation exposure and

Uranium mining

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

  • Gall bladder cancer

  • Male breast cancer

  • Ovary cancer

  • Salivary gland cancer

  • Urinary bladder cancer

of 2000. Public Law 106-245. 106th Cong., 2d Sess. 114 Stat. 501

 

 

January 21, 1951, through October 31, 1958; or June 30, 1962, through July 31, 1962

exposure

manifestation of diseases

Amends dates/ location of service for leukemia

Uranium Mining

  • Lung cancer

  • Nonmalignant respiratory disease

  • Renal cancers

  • Other chronic renal disease (nephritis, kidney tubal tissue injury)

  • Bronchiolo-alveolar carcinoma

Veterans Millennium Health Care and Benefits Act. Final rule. Federal Register 65(136):43699-43700. 38 CFR Part 3

July 14, 2000

Active military service

 

 

Amended list of diseases related to exposure to radiation and active service

Radiation exposure

  • Polycythemia vera

Claims based on exposure to ionizing radiation. Final rule. Federal Register 67(31):6870-

February 14, 2002

Radiation exposure

 

 

Amends diseases from exposure to ionizing radiation; VA did not have evidence to add to the list of “radiogenic

Ionizing

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

6871. 38 CFR Part 3

 

 

 

 

diseases,” but the VA will consider a claim that polycythemia vera is a radiogenic disease as long as there is scientific or medical evidence to support the claim

All diseases listed above

38 USC § 1112

Approved February 27, 2006

Active military service

Veteran who served for 90 days or more during a period of war

Radiation-Exposed Veterans: Disease manifest after active military, naval, or air service

 

Radiation-Exposed Veteran: Radiation-risk activity

Radiation-Exposed Veteran: Participation in a test involving atmospheric detonation of a nuclear device;

Occupation of Hiroshima or Nagasaki, Japan (August 6, 1945, to July 1, 1946);

Internment as a prisoner of war in Japan or service on active duty in Japan following

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

such internment during WWII with opportunity for exposure to ionizing radiation; or

 

 

Performed as an employee of the DOE

All diseases listed above

38 CFR 3.309

 

Military Service

Radiation-Exposed Veteran:

  • Participation in test atmospheric detonation of nuclear device

  • Occupation of Hiroshima or Nagasaki, Japan (August 6, 1945, to July 1, 1946)

  • Prisoner of War in Japan exposure of ionizing radiation comparable to above exposure

  • Total of 250 days before

Wartime and service on or after January 1, 1947

 

Radiation-Exposed Veteran: Serving active duty or Armed Forces active duty or training or inactive duty training and participated in a “radiation-risk activity ”

90 days or more during a war period or after December 31, 1946

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

February 1, 1992, on grounds of gaseous diffusion plant (Paducah, KY; Portsmouth OH; K25 Oak Ridge, TN)

  • Service before January 1, 1974 on Amchitka Island, Alaska, and exposed to underground nuclear tests at Long Shot, Milrow, or Cannikin

 

 

  • Cancer of the bone, breast, colon, esophageal, kidney, liver, lung, ovarian, pancreatic, prostate, rectum, salivary gland, skin, stomach, thyroid, urinary bladder, any other cancer

  • Nonmalignant

38 CFR 3.311

Ionizing radiation

Occupation of Hiroshima or Nagasaki, Japan (September 1945 to July 1946) or other activities where they participated in atmospheric testing of nuclear weapons

Manifest 5 years or more after exposure

 

 

Service

Bone Cancer: Manifest within 30 years after exposure

Leukemia: Manifest any time

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

thyroid nodular disease

  • Parathyroid adenoma

  • Posterior subcapsular cataracts

  • Tumors of the brain and central nervous system

 

 

 

 

after exposure

 

Posterior Subcapsular Cataracts: Manifest 6 months or more after exposure

Diseases Associated with Vietnam Service

  • Non-Hodgkin’s lymphoma

38 CFR 3.313

 

Service in Vietnam

Service in Vietnam during the Vietnam Era

Subsequent to service

 

Claims based on service in Vietnam. Final regulations. Federal Register 55(208):43123-43125. 38 CFR Parts 3 and 4

October 26, 1990

Service in Vietnam

Vietnam (includes waters offshore, or service in other locations if the conditions of service involved duty or visitation in Vietnam

 

 

During the Vietnam era

  • Chloracne

  • Congenital and

Republic of Vietnam. Final

May 19, 1993

Wartime and service in the Republic of

On or after January 1, 1947

Disease manifest to 10 percent or

“Service in the Republic of

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

infantile fibrosarcoma

  • Extraskeletal Ewing’s sarcoma

  • Malignant ganglioneuroma

  • Soft tissue sarcoma (see October 19, 1991)

rule. Federal Register 58(95):29107-29109. 38 CFR Part 3 3.309(e)

 

Vietnam

 

more at any time after service

Vietnam” includes service in the waters offshore and service in other locations if the conditions of service involved duty or visitation in the Republic of Vietnam

Except: Chloracne (or another acneform disease): 10 percent or more within a year after the last date veteran performed active military, naval, or air service in the Republic of Vietnam

Expansion of Period of Vietnam Era for Certain Veterans

Veterans’ Benefits Improvements Act of 1996 Public Law 104-275. 104th Cong., 2d Sess., Sec. 1711

October 9, 1996

 

 

“Vietnam era”

  • For a Veteran who served in the Republic of Vietnam—February 28, 1961, to May 7, 1975

  • In all other cases—August 5, 1964, to May 7, 1975

 

Vietnam era inclusion dates

Veterans’ Benefits Improvements

July 1, 1997

 

“Vietnam era” February 28, 1961, to May 7,

 

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

Act of 1996, Final rule. Federal Register 62(126):35421-35423. 38 CFR Part 3

 

 

1975, inclusive who served in the Republic of Vietnam

 

 

  • Diabetes mellitus (type 2)

  • Hodgkin’s disease

  • Multiple myeloma

  • Porphyria cutanea tarda

  • Respiratory cancers (bronchus, larynx, lung, or trachea)

38 USC § 1116

Approved February 27, 2006

Active military naval, or air service

Republic of Vietnam (January 9, 1962, to May 7, 1975)

Republic of Vietnam Diseases: Manifest disease 10 percent disability or more

Amends list of diseases associated with Vietnam service

Herbicide agent (containing dioxin or 2,4-dichlorophenoxyacetic acid)

In addition: Porphyria cutanea tarda and chloracne: within 1 year from active military service

Diseases Associated with Exposure to Mustard Gas

  • Asthma

  • Bronchitis

  • Conjunctivitis

  • Corneal opacities

  • Emphysema

  • Keratitis

  • Laryngitis

Claims based on chronic effects of exposure to mustard gas. Proposed rule. Federal Register 57(10):1699-1700. 38 CFR Part 3

January 15, 1992

Mustard gas exposure by participating in full-body, field, or chamber experiments to test protective clothing or equipment

During World War II; participating in full-body, field, or chamber experiments to test protective clothing or equipment

Chronic forms of the diseases manifested after exposure

Proposed rule for chronic effects of in-service exposure to mustard gas

Claims based on chronic effects of exposure to mustard gas.

July 31, 1992

No change from proposed rule

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

Final rule. Federal Register 57(148):33875-33877. 38 CFR Part 3

 

 

 

 

 

Nitrogen or sulfur mustard:

  • Cancers: carcinoma of the skin, lung, laryngeal, nasopharyngeal, squamous cell

  • Chronic conjunctivitis

  • Corneal opacities

  • Keratitis

  • Scar formation

38 CFR 3.316

 

Exposure to nitrogen or sulfur mustard or Lewisite

Active military service

 

 

Nitrogen or sulfur mustard or Lewisite:

  • Chronic form of: asthma, bronchitis, emphysema, laryngitis

  • Chronic obstructive pulmonary disease

Nitrogen mustard:

  • Acute nonlymphocytic leukemia

Diseases Associated with Service

  • Posttraumatic stress disorder

Direct service connection (post-

May 19, 1993

Military service

Military service or former prisoner

 

Amends list of diseases associated

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

traumatic stress disorder). Final rule. Federal Rgister 58(95):29109-29110. 38 CFR Part 3

 

Stressor actually occurred in service (engaged in combat or evidence of the claimed in service stressor) or prisoner of war experience

of war

 

with military service

  • Bronchiolo-alveolar carcinoma

Veterans Millennium Health Care and Benefits Act of 1999. Public Law 106-117. 106th Cong., 1st Sess., Sec.503. 113 Stat. 1545

November 30, 1999

Disease contracted during military service

 

 

 

Diseases Associated with Chronic Effects of Exposure to Mustard Gas or Lewisite During Military Service

Nitrogen or Sulfur Mustard (38 CFR 3.316[a][1])

  • Chronic conjunctivitis

  • Corneal opacities

  • Keratitis

  • Laryngeal cancer

  • Lung cancer (except mesothelioma)

  • Nasopharyngeal cancer

  • Scar formation

  • Squamous cell carcinoma of the skin

Claims based on chronic effects of exposure to vesicant agents. Proposed rule. Federal Register 59(15):3532-3534. 38 CFR Part 3

January 24, 1994

Mustard gas and other vesicant agents

Conjunctivitis, Keratitis, Corneal Opacities, Scar Formation, or the Following Cancers: Nasopharyngeal, Laryngeal, Lung (except mesothelioma), or Squamous Cell Carcinoma of the Skin: Full-body exposure to nitrogen or sulfur mustard

Chronic manifestation of the diseases after military service and either full-body exposure to nitrogen or sulfur mustard gas or Lewisite

Amends regulation concerning chronic diseases from exposure to mustard gas and other vesicant agents in response to NAS report

Full-body exposure to nitrogen or sulfur mustard or Lewisite

Active military service

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

Nitrogen or Sulfur Mustard or Lewisite (38 CFR 3.316[a][2]) Nitrogen or Sulfur Mustard or Lewisite (38 CFR 3.316[a][2])

  • Asthma

  • Chronic form of bronchitis

  • Chronic form of laryngitis

  • Chronic obstructive pulmonary disease

  • Emphysema

Claims based on chronic effects of exposure to mustard gas or lewisite. Final rule. Federal Register 59(159):42497-42500. 38 CFR Part 3

August 18, 1994

 

Laryngitis, Bronchitis, Emphysema, Asthma, or Chronic Obstructive Pulmonary Disease: Full-body exposure to nitrogen or sulfur mustard or Lewisite

Acute nonlymphocytic leukemia: Full-body exposure to nitrogen mustard

 

Final rule based on NAS study and regulation on July 31, 1992, establishing service connection from exposure from field or chamber experiments during WWII. No change from proposed rule

Nitrogen Mustard (38 CFR 3.316[a][3])

  • Acute nonlymphocytic leukemia

Diseases Associated with Undiagnosed Illnesses During the Persian Gulf War

Undiagnosed Illness Signs or Symptoms of:

  • Abnormal weight loss

  • Cardiovascular signs or symptoms

  • Fatigue

  • Gastrointestinal signs or symptoms

  • Headache

  • Joint pain

  • Menstrual disorders

  • Muscle pain

Compensation for certain undiagnosed illnesses. Proposed rule. Federal Register 59(235):63283-63285. 38 CFR Part 3

December 8, 1994

Active military, naval, or air service

Southwest Asia theatre during the Persian Gulf War (Iraq, Kuwait, Saudi Arabia, neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf,

Chronic (6 months or more) disability resulting in one or more signs and symptoms and manifested either during active service or to a 10 percent degree or more no later than 2 years after the date the veteran last performed

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

  • Neurologic signs or symptoms

  • Neuropsychological signs or symptoms

  • Signs or symptoms involving skin

  • Signs or symptoms involving the respiratory system (upper or lower)

  • Sleep disturbances

 

 

 

the Arabian Sea, the Red Sea, and the airspace above these locations

active service in the Southwest Asia theater of operations during the Persian Gulf War

 

Compensation for certain undiagnosed illnesses. Final rule. Federal Register 60(23):6660-6666. 38 CFR Part 3

February 3, 1995

 

 

 

Final rule for undiagnosed illnesses during service in the Persian Gulf War

Compensation for certain undiagnosed illnesses. Interim rule with request for comments. Federal Register 62(82):23138-23139. 38 CFR Part 3

April 29, 1997

Persian Gulf War service

 

Interim rule extending the period of disease to manifest from “two years after the date on which the veteran last performed active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War” to “December 31, 2001”

Interim rule to expand the period within diseases must manifest

Compensation for certain

March 6, 1998

 

 

Extend the presumptive

Final rule for extending the

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

undiagnosed illnesses. Final rule. Federal Register 63(44):11122-11123. 38 CFR Part 3

 

 

 

period (to December 31, 2001) in such a manner that no Persian Gulf veterans with qualifying disabilities would be denied compensation (no specific dates)

presumptive period for Persian Gulf veterans

  • Chronic multisymptom illness: chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome

Veterans Education and Benefits Expansion Act of 2001. Public Law 107-103. 107th Cong., 1st Sess.

December 27, 2001

Military service Vietnam Veteran active service

Persian Gulf Exposure: Active duty in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War

Persian Gulf Exposure Additional Diseases: “On September 30, 2011”

Extension of presumptive period for respiratory cancers and additional diseases associated with herbicide exposure and Persian Gulf exposure

Persian Gulf Exposure: Persian Gulf War service active military, naval, or air service

Amended list of diseases associated with military service, Persian Gulf War

Extension of the presumptive period for compensation for Gulf War veterans’ undiagnosed illnesses. Interim

November 9, 2001

Persian Gulf War active military, naval, or air service

Veteran who served on active duty in the Southwest Asia theater during the Persian Gulf War

Undiagnosed illness manifest to a degree of 10 percent or more through December 31, 2006

Extension of presumptive period for compensation for Gulf War veteran’s undiagnosed illnesses

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

final rule with request for comments. Federal Register 66(218):56614-56615. 38 CFR Part 3

 

 

 

 

 

Extension of the presumptive period for compensation for Gulf War veterans’ undiagnosed illnesses. Final rule. Federal Register 67(249):78979-78980. 38 CFR Part 3

December 27, 2002

 

Southwest Asia theater of operations during the Persian Gulf War

Through December 31, 2006

Extends the period within which disabilities must become manifest for entitlement for compensation

Compensation and pension provisions of the Veterans Education and Benefits Expansion Act of 2001. Final Rule. Federal Register 68(111):34539-34543. 38 CFR Parts 3 and 13

June 10, 2003

 

 

 

Amends what a “qualifying chronic disability” includes

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

Extension of the presumptive period for compensation for Gulf War veterans. Interim final rule. Federal Register 7(242):75669-75672. 38 CFR Part 3

December 18, 2006

 

Southwest Asia theater of operations during the Persian Gulf War

Through December 31, 2011

Extends the period within which disabilities must become manifest for entitlement for compensation

38 USC § 1117

Approved February 27, 2006

Active duty in the Armed Forces during the Persian Gulf War

Southwest Asia theater during the Persian Gulf War

Medical or scientific evidence and historical treatment of manifestation periods that have been established

 

38 USC § 1118

Approved February 27, 2006

Association with exposure to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine

Service in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War

Within a period (if any) that is prescribed in a regulation

 

38 CFR 3.317

 

 

Southwest Asia theater during the Persian Gulf War

Manifest either during active military, naval, or air service or to a degree of 10 percent or more

Chronic disabilities for a period of 6 months or more or intermittent episodes of improvement and

Southwest Asia theater includes

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

PresumptivePeriod

Additional Information

 

 

 

 

Iraq, Kuwait, Saudi Arabia, neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, United Arab Emirates, Oman, Gulf of Aden, Gulf of Oman, Persian Gulf, Arabian Sea, Red Sea, and air space above these locations

not later than December 31, 2006

worsening over a 6-month period

Language for the National Academy of Sciences report for presumption of service connection for illnesses associated with service in the Persian Gulf War

Persian Gulf War Veterans Act of 1998. Public Law 105-277. 105th Cong., 2d Sess., Sec. 1601, 1602, 1603

October 21, 1998

Establishes service connection for illnesses associated with the Persian Gulf War

Veteran who served on active duty in the Southwest Asia theater during the Persian Gulf War

 

 

Diseases having an association with exposure to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine

Diseases Associated with Radiation-Risk Activity

  • Cancer of the bone

  • Cancer of the brain

Diseases specific to radiation-exposed veterans.

August 8, 2001

Radiation-risk activity

Total of at least 250 days before February 1, 1992

 

Amends list of diseases associated with radiation-risk

Ionizing radiation

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

  • Cancer of the colon

  • Cancer of the lung

  • Cancer of the ovary

Proposed rule. Federal Register 66(153):41483-41485. 38 CFR Part 3

 

Military service

(Paducah, KY; Portsmouth, OH; K25 at Oak Ridge, TN)

 

activities and date/location of service

Diseases specific to radiation-exposed veterans. Final rule. Federal Register 67(17):3612-3616. 38 CFR Part 3

January 25, 2002

Radiation-risk activity Definition: Participation in a test involving atmospheric detonation of a nuclear device; occupation of Hiroshima or Nagasaki, Japan (August 6, 1945, to July 1, 1946); or internment as a prisoner of war in Japan or service on active duty in Japan following such internment during WWII with opportunity for exposure to ionizing radiation

Service before January 1, 1974 (Amchitka Island, AL) and performance of duty related to Long Shot, Milrow, or Cannikin underground nuclear tests

 

Amends definition of radiation-risk activity

Veterans Benefits Improvement Act of 2004.Public Law 108-454. 108th Cong., 2d Sess., Sec. 306. 118 Stat. 3598

December 10, 2004

Radiation-risk activity

 

 

Amended “radiation-risk activity” to include service in a capacity if performed as an employee of the DOE would qualify inclusion as a

Ionizing

Military service

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

PresumptivePeriod

Additional Information

 

 

 

 

 

 

member of the Special Exposure Cohort

Diseases or Death NOT Associated with Military Service

Disease attributable to use of tobacco products

Claims based on the effects of tobacco products. Final rule. Federal Register 66(67):18195-18198. 38 CFR Part 3

April 6, 2001

Active military, naval, or air service

 

 

Veterans’ use of tobacco products are NOT considered to be service connected

Miscellaneous

Definitions:

Veteran

Spanish-American War

World War I

World War II

Korean conflict

Armed Forces

Veteran of any war

Service-connected

Non-service-connected

Active duty

Active duty for training

Inactive duty training

Active military, naval, or air service

Former prisoner of war

Reserve

Vietnam era

Persian Gulf war

38 USC § 101

Approved February 27, 2006

 

 

 

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

Death

38 USC § 108

Approved February 27, 2006

 

 

7-year absence

 

Secretary has authority to prescribe rules and regulations to carry out laws administered by the VA

38 USC § 501

Approved February 27, 2006

 

 

 

 

Entitlement to compensation for disability resulting from diseases contracted in line of duty in the active military, naval, or air service, during a period of war

38 USC § 1110

Approved February 27, 2006

 

 

 

 

Presumption of sound condition at the time of examination, acceptance, and enrollment into service

38 USC § 1111

Approved February 27, 2006

 

 

 

 

Aggravation to a preexisting injury or disease

38 USC § 1153

Approved February 27, 2006

Increase in disability during active military, naval, or air service, unless the increase is due to the natural progress of the disease

 

 

 

Veteran’s service requirements for non-service-connected disability

38 USC § 1521

Approved February 27, 2006

Active military, naval, or air service

Service requirements:

  • 90 days or more during a period of war

  • Period of war

 

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

and was discharged or released for a service-connected disability

  • 90 consecutive days or more and began or ended during a period of war

  • Aggregate of 90 days or more in two or more separate periods of service during more than one period of war

 

 

Guidelines for establishing presumptions of service connection for former prisoners of war

38 CFR 1.18

 

Former prisoners of war

 

May give a minimum duration of detention or internment for application of the presumption

Secretary may establish a presumption of service connection for a disease when there is at least limited/suggestive evidence that an increased risk of such disease is associated with

Defines “evidence”

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

Presumptive Disease

Legislation or Regulation

Date

Etiology of Disease

Location/Date of Service

Presumptive Period

Additional Information

 

 

 

 

 

 

service involving detention or internment as a prisoner of war and an association between the two is biologically plausible

Secondary condition established as service connection of the original condition

  • Cardiovascular disease for service-connected amputation

38 CFR 3.310

 

Service-connected amputation of one lower extremity at or above the knee or service-connected amputations of both lower extremities at or above the ankles

 

 

 

Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
×

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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Suggested Citation:"Appendix F: Tables: Summary of Presumptive Disability Decision-Making Legislative History." Institute of Medicine. 2008. Improving the Presumptive Disability Decision-Making Process for Veterans. Washington, DC: The National Academies Press. doi: 10.17226/11908.
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Next: Appendix G: VA's White Paper on the Presumptive Disability Decision-Making Process »
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The United States has long recognized and honored the service and sacrifices of its military and veterans. Veterans who have been injured by their service (whether their injury appears during service or afterwards) are owed appropriate health care and disability compensation. For some medical conditions that develop after military service, the scientific information needed to connect the health conditions to the circumstances of service may be incomplete. When information is incomplete, Congress or the Department of Veterans Affairs (VA) may need to make a "presumption" of service connection so that a group of veterans can be appropriately compensated.

The missing information may be about the specific exposures of the veterans, or there may be incomplete scientific evidence as to whether an exposure during service causes the health condition of concern. For example, when the exposures of military personnel in Vietnam to Agent Orange could not be clearly documented, a presumption was established that all those who set foot on Vietnam soil were exposed to Agent Orange. The Institute of Medicine (IOM) Committee was charged with reviewing and describing how presumptions have been made in the past and, if needed, to make recommendations for an improved scientific framework that could be used in the future for determining if a presumption should be made. The Committee was asked to consider and describe the processes of all participants in the current presumptive disability decision-making process for veterans. The Committee was not asked to offer an opinion about past presumptive decisions or to suggest specific future presumptions.

The Committee heard from a range of groups that figure into this decision-making process, including past and present staffers from Congress, the VA, the IOM, veterans service organizations, and individual veterans. The Department of Defense (DoD) briefed the Committee about its current activities and plans to better track the exposures and health conditions of military personnel. The Committee further documented the current process by developing case studies around exposures and health conditions for which presumptions had been made. Improving the Presumptive Disability Decision-Making Process for Veterans explains recommendations made by the committee general methods by which scientists, as well as government and other organizations, evaluate scientific evidence in order to determine if a specific exposure causes a health condition.

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