Improving the Presumptive Disability Decision-Making Process for Veterans (2008) / Chapter Skim
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Pages 424-433
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From page 424... ...
that is associated with service in biological, the Southwest prescribed in a the Persian Gulf War chemical, or Asia theater of regulation (see 38 USC §1117 for other toxic operations during diseases) agent, the Persian Gulf environmental or War wartime hazard, or preventive medicine or vaccine Approved 38 USC §1153 Aggravation to a Increase in 2/27/06 preexisting injury or disability during disease active military, naval, or air service, unless the increase is due to the natural progress of the disease Approved 38 USC §1521 Veteran's service Active military, Service Prepublication Copy – Uncorrected Proof
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APPENDIX F: SUMMARY OF PDDM LEGISLATIVE HISTORY (BY DATE) F-65 Date Legislation Presumptive Disease Etiology of Location/Date Presumptive Additional or Regulation Disease of Service Period Information 2/27/06 requirements for non- naval, or air requirements: • 90 days or service connected service disability more during a period of war • Period of war and was discharged or released for a service connected disability • 90 consecutive days or more and began or ended during a period of war • Aggregate of 90 days or more in two or more separate periods of service during more than one period of war Code of Federal Regulations 38 CFR 1.18 Guidelines for establishing Former prisoners May give a Secretary may Prepublication Copy – Uncorrected Proof
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From page 426... ...
F-66 IMPROVING THE PRESUMPTIVE DISABILITY DECISION-MAKING PROCESS FOR VETERANS Date Legislation Presumptive Disease Etiology of Location/Date Presumptive Additional or Regulation Disease of Service Period Information presumptions of service of war minimum establish a connection for former duration of presumption of prisoners of war detention or service internment for connection for application of a disease when the presumption there is at least limited/suggest Defines ive evidence "evidence" that an increased risk of such disease is associated with service involving detention or internment as a prisoner of war and an association between the two is biological plausible 38 CFR 3.307 Presumptive service Former prisoners Herbicide agent Wartime and connection for chronic, of war service on or exposure: tropical, or prisoner-of- Republic of after January 1, war related disease or Herbicide agent Vietnam (January 1947 disease associated with exposure 9, 1962 to May 7, Prepublication Copy – Uncorrected Proof
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active 90 days or more herbicide agents D; 2,4,5-T and military, naval, or during a war its contaminant air service period or after TCDD; (including the December 31, cacodylic acid; waters off-shore 1946 and picloram) and service in other locations Chronic: Military service involving duty or manifest to visitation in the degree of 10 Republic of percent or more Vietnam within 1 year (for Hansen's disease; and tuberculosis within 3 years; multiple sclerosis within 7 years)
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F-68 IMPROVING THE PRESUMPTIVE DISABILITY DECISION-MAKING PROCESS FOR VETERANS Date Legislation Presumptive Disease Etiology of Location/Date Presumptive Additional or Regulation Disease of Service Period Information 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 Prepublication Copy – Uncorrected Proof
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From page 429... ...
APPENDIX F: SUMMARY OF PDDM LEGISLATIVE HISTORY (BY DATE) F-69 Date Legislation Presumptive Disease Etiology of Location/Date Presumptive Additional or Regulation Disease of Service Period Information 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 Disease subject to Military Service Chronic Chronic presumptive service Diseases: see Diseases: connection Former Prisoner On or after section 3.307 • Chronic Diseases: of War January 1, 1947 above following service Anemia, primary; in a period of war Radiation- Tropical Arteriosclerosis; or peacetime Exposed Diseases: Arthritis; service See section Veteran: Atrophy, progressive Serving active 3.307 above muscular; duty or Armed Radiation Brain hemorrhage; Forces active Exposed Brain thrombosis; duty or training Veteran: Radiation Bronchiectasis; • Participation in or inactive duty Exposed Calculi of the kidney, Prepublication Copy – Uncorrected Proof
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; OH; K25 Oak Osteomalacia; Ridge, TN) Prepublication Copy – Uncorrected Proof
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From page 431... ...
; Tuberculosis, active; Tumors, malignant; Ulcers, peptic (gastric or duodenal) • Tropical Diseases Amebiasis; Backwater fever, Cholera, Dracontiasis, Dysentery, Filariasis, Leishmaniasis, including kala-azar; Prepublication Copy – Uncorrected Proof
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Peripheral neuropathy; less than 30 days Any of the anxiety states; Atherosclerotic heart disease or Prepublication Copy – Uncorrected Proof
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From page 433... ...
; Organic residuals of frostbite; Post-traumatic osteoarthritis; Psychosis; Stroke and its complications; • Radiation-Exposed Veterans: Bronchiolo-alveolar carcinoma; Cancer of the bile ducts, bone, brain, breast, colon, esophagus, gall bladder, lung, ovary, pancreas, pharynx, salivary gland, small intestine, stomach, thyroid,urinary tract; Leukemia; Lymphomas; Multiple myeloma; Prepublication Copy – Uncorrected Proof
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