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:
|
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 |
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Characteristic manifestations of the disease to 10 percent or more |
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November 12, 1921 |
Internal Memorandum implementing Veterans’ Bureau Regulation No. 11 |
Chronic Constitutional Diseases:
|
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 |
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:
|
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:
(was not carried forward,
|
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 |
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
|
|
November 2, 1928 |
Veterans’ Bureau Schedule of Disability Ratings, Extension 6 |
|
|
|
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
|
|
|
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 |
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:
|
|
|
|
Amends list of chronic diseases |
December 28, 1945 |
VA Circular No. 8, section I |
Tropical Diseases:
|
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:
|
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:
|
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 |
|
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
thereof commenced during active service |
|
Tropical Diseases:
|
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
|
|
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:
|
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 |
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
incubation period of the diseases commenced during active service |
|
Characteristic manifestations of the disease to 10 percent or more, except pulmonary tuberculosis |
||||||
Tropical Diseases:
|
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
|
|
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 |
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, |
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:
|
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, |
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 |
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:
|
|
|
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:
|
|
|
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 |
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:
|
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
|
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 |
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
11656. 38 CFR Part 3 |
|
|
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 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:
|
Radiation
|
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 |
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:
|
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:
|
|
|
|
Amended list of diseases related to former prisoners of war and service connection of chronic diseases |
Diseases Associated with Former Prisoner of War:
|
||||||
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):
|
Radiation risk activity
|
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 |
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
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:
|
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
|
Government’s above-ground nuclear tests in Nevada and lived |
Childhood leukemia and other diseases (January 21, 1951, to |
Individuals not in military
|
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 |
|
|
downwind in Nevada, Utah, and Arizona |
October 31, 1958, or June 30, 1962, to July 31, 1962) |
|
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
|
||||||
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:
|
Service in Vietnam |
Vietnam (includes waters offshore, or service in other locations if the conditions of service involved duty or visitation in Vietnam) |
|
|
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:
|
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:
|
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 |
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):
|
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 |
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:
|
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):
|
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):
|
||||||
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:
|
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 |
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:
|
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:
|
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:
|
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 |
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:
|
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:
|
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 |
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
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:
|
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 |
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:
|
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])
|
Active military service |
|||||
Full-body exposure to nitrogen or sulfur mustard or Lewisite |
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
mesothelioma), or squamous cell carcinoma of the skin |
|
|
|
|
Nitrogen or Sulfur Mustard or Lewisite (38 CFR 3.316[a][2])
|
|
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])
|
|
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:
|
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- |
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 |
|
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:
|
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 |
|
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
63285. 38 CFR Part 3 |
|
|
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:
|
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 |
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
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:
|
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”
|
|
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:
|
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 |
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:
|
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 |
|
|
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:
|
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
|
Uranium mining |
Amends dates/location of |
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
|
service for leukemia |
Uranium Mining
|
||||||
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:
|
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:
|
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:
|
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 |
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:
|
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 |
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:
|
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:
|
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 |
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
|
|
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:
|
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 |
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 |
|
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 |
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:
|
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:
|
|
|
|
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 |
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:
|
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:
|
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:
|
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 |
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
1st Sess. 11 (proposed Act) |
|
|
|
*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:
|
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 |
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
|
|
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:
|
|
|
|
Change of effective date of presumption to May 8, 2001 |
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:
|
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:
|
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 |
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:
|
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:
|
|
|
|
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 |
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 |
|
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:
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 |
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
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 |
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
|
||||||
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:
|
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 |
|
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
|
|
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: |
|
|
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
2006 |
|
service-connected disability |
service |
|
|
|
|
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” |
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 |
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 |
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
|
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:
|
||||||
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, |
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
naval, or air service |
|
*Indicate only for veteran that was detained or interned for not less than 30 days |
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
|
|
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
|
|
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
|
|
|
38 CFR 3.310 |
Secondary condition established as service connection of the original condition
|
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 |
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
|
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
|
Exposure to nitrogen or sulfur mustard or Lewisite |
Active military service |
|
|
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
|
|
|
38 CFR 3.317 |
Compensation for certain disabilities due to undiagnosed illnesses during Persian Gulf War
|
|
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) |
Date |
Legislation or Regulation |
Presumptive Disease |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
|
|
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 |
||||||
|
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 |
|||
|
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 |
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
(was not carried forward,
|
|
|
|
|
establishes conclusive service connection after 1 year of separation |
|
Chronic Diseases |
||||||
|
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 |
||||||
|
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 |
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
|
|
|
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. |
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, |
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
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 |
||||||
|
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 |
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 |
|
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; |
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 |
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 |
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 |
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 |
|
|
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
|
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 |
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 |
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 |
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 |
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 |
||||||
|
VA Circular No. 8, section I |
December 28, 1945 |
Disease contracted during active service |
|
Within 1 year after separation of active service military service |
|
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
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 |
|
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 |
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 |
||||||
|
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 |
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 |
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 |
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 |
|
|
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 |
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 |
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
Prisoner of War Diseases |
||||||
|
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 |
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
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 |
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 |
|
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 |
|
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 |
|
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 |
|
Presumption of |
February 10, |
Former prisoners of |
|
Detained for at |
Amended list of |
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 |
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) |
|
|
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 |
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 |
|
|
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 |
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 |
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) |
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 |
||||||
|
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 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 |
|
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 |
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 |
||||||
|
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 |
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) |
|
|
|
|
|
|
|
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):
|
||||||
|
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 |
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 |
|
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 |
||||||
|
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 |
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
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 |
||||||
|
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 |
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 |
|
|
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 |
||||||
|
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 |
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 |
|
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 |
||||||
|
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 |
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 |
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 |
||||||
|
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 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 |
|
Claims based on exposure to ionizing |
October 18, 1989 |
Ionizing radiation |
|
Bone Cancer: Manifest within 30 years after |
Amended diseases considered to be radiogenic |
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
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 |
||||||
|
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
|
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 |
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
|
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
|
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 |
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 |
|
|
|
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 |
|
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 |
|
|
Claims based on exposure to ionizing |
September 6, 1994 |
Ionizing radiation |
|
|
Amended diseases associated with exposure to ionizing |
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 |
|
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 |
|
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:
|
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 |
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
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
|
||||||
|
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 |
||||||
|
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 |
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 |
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:
|
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 |
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
|
|
|
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 |
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
|
after exposure |
|
Posterior Subcapsular Cataracts: Manifest 6 months or more after exposure |
||||||
Diseases Associated with Vietnam Service |
||||||
|
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 |
||||||
|
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 |
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
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”
|
|
Vietnam era inclusion dates |
Veterans’ Benefits Improvements |
July 1, 1997 |
|
“Vietnam era” February 28, 1961, to May 7, |
|
|
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 |
|
|
|
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 |
||||||
|
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 |
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:
|
38 CFR 3.316 |
|
Exposure to nitrogen or sulfur mustard or Lewisite |
Active military service |
|
|
Nitrogen or sulfur mustard or Lewisite:
|
||||||
Nitrogen mustard:
|
||||||
Diseases Associated with Service |
||||||
|
Direct service connection (post- |
May 19, 1993 |
Military service |
Military service or former prisoner |
|
Amends list of diseases associated |
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 |
|
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])
|
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 |
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])
|
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])
|
||||||
Diseases Associated with Undiagnosed Illnesses During the Persian Gulf War |
||||||
Undiagnosed Illness Signs or Symptoms of:
|
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 |
|
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
|
|
|
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 |
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 |
|
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 |
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 |
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 |
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 |
||||||
|
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 |
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
|
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 |
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Amends definition of radiation-risk activity |
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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 |
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Amended “radiation-risk activity” to include service in a capacity if performed as an employee of the DOE would qualify inclusion as a |
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Ionizing |
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Military service |
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
PresumptivePeriod |
Additional Information |
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member of the Special Exposure Cohort |
Diseases or Death NOT Associated with Military Service |
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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 |
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Veterans’ use of tobacco products are NOT considered to be service connected |
Miscellaneous |
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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 |
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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 |
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7-year absence |
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Secretary has authority to prescribe rules and regulations to carry out laws administered by the VA |
38 USC § 501 |
Approved February 27, 2006 |
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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 |
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Presumption of sound condition at the time of examination, acceptance, and enrollment into service |
38 USC § 1111 |
Approved February 27, 2006 |
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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 |
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Veteran’s service requirements for non-service-connected disability |
38 USC § 1521 |
Approved February 27, 2006 |
Active military, naval, or air service |
Service requirements:
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Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
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Guidelines for establishing presumptions of service connection for former prisoners of war |
38 CFR 1.18 |
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Former prisoners of war |
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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” |
Presumptive Disease |
Legislation or Regulation |
Date |
Etiology of Disease |
Location/Date of Service |
Presumptive Period |
Additional Information |
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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
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38 CFR 3.310 |
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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 |
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