a. Provisions of Under which was enacted on October 24, 1984, the Public Law (PL) 98-542, PL 98-542 following claims that were denied to October 24, 1984, are entitled to a prior review: de novo claims for service connection (SC) based upon exposure to ionizing radiation as a consequence of service with the occupation forces of Hiroshima or Nagasaki, Japan, or claims for SC based upon exposure to ionizing radiation in connection with nuclear testing. Notes: A review is a new and complete review of an issue with no de novo deference given to the previous decision. It is not necessary for the claimant to submit new and material evidence to reopen these claims. effective August 14, 1991, extended eligibility to presumptive SC b. Provisions of PL 102-86, PL 102-86 to individuals engaged in a radiation-risk activity during active duty for training, or inactive duty training. Originally, in order to establish presumptive SC, the time limit for a disease c. History of Time Limits for listed under to become manifest to a degree of 10 percent or more was Disease Manifestation 30 years for leukemia, and for 40 years for all other diseases. Presumptive Purposes Under Then, the presumptive period was extended to 40 years for leukemia effective 38 CFR August 14, 1991. 3.309(d) Effective October 1, 1992, a time limit for manifestation is specified or not required for any disease listed under . The table below lists the disabilities for which SC is presumed based on a d. List of Disabilities exposure to ionizing radiation under . Veteran’s Under 38 CFR 3.309(d) for Which SC Is Presumed PL or Federal Presumptive Disabilities Under 38 CFR 3.309(d) Register Citation
a. Provisions of PL 98-542 Under Public Law (PL) 98-542, which was enacted on October 24, 1984, the following claims that were denied prior to October 24, 1984, are entitled to a de novo review: claims for service connection (SC) based upon exposure to ionizing radiation as a consequence of service with the occupation forces of Hiroshima or Nagasaki, Japan, or claims for SC based upon exposure to ionizing radiation in connection with nuclear testing. Notes: A de novo review is a new and complete review of an issue with no deference given to the previous decision. It is not necessary for the claimant to submit new and material evidence to reopen these claims. b. Provisions of PL 102-86 PL 102-86, effective August 14, 1991, extended eligibility to presumptive SC to individuals engaged in a radiation-risk activity during active duty for training, or inactive duty training. c. History of Time Limits for Disease Manifestation for Presumptive Purposes Under 38 CFR 3.309(d) Originally, in order to establish presumptive SC, the time limit for a disease listed under to become manifest to a degree of 10 percent or more was 30 years for leukemia, and 40 years for all other diseases. Then, the presumptive period was extended to 40 years for leukemia effective August 14, 1991. Effective October 1, 1992, a time limit for manifestation is not specified or required for any disease listed under . d. List of Disabilities Under 38 CFR 3.309(d) for Which SC Is Presumed The table below lists the disabilities for which SC is presumed based on a Veteran’s exposure to ionizing radiation under . PL or Federal Register Citation Presumptive Disabilities Under 38 CFR 3.309(d)