g. Determining Under , the is the last date on which the last date of herbicide exposure the Last Date of Veteran served in the RVN during the Vietnam Era. Herbicide Exposure h. Considering If entitlement to presumptive SC on herbicide exposure does not exist, Direct SC consider entitlement to SC on a direct, facts-found basis. When Entitlement to Under , the presumptive provisions of the statute and VA regulations Presumption implementing them are intended as liberalizations that allow for another basis Does Not Exist of SC. Therefore, these provisions do preclude direct SC, where not appropriate. The below shows the dates on which the diseases listed in became i. Date Disabilities subject to presumptive SC. Became Subject to Presumptive SC Under 38 CFR 3.309(e) Disability Effective Date Chloracne or other acne-form disease February 6, 1991 consistent with chloracne, and soft-tissue sarcoma, Originally, September 25, than Note: osteosarcoma 1985, under 38 CFR 3.311a. chondrosarcoma Kaposi’s sarcoma, or mesothelioma Non-Hodgkin’s lymphoma (NHL) February 6, 1991 Originally, August 5, 1964, Note: under 38 CFR 3.313. Porphyria cutanea and February 3, 1994 Hodgkin’s disease Respiratory cancers of the June 9, 1994 lung bronchus larynx, or trachea, and multiple myeloma Prostate cancer, and November 7, 1996 acute and subacute PN Type 2 diabetes mellitus (DM) May 8, 2001 CLL October 16, 2003 AL amyloidosis May 7, 2009 Ischemic heart disease (IHD) August 31, 2010
g. Determining the Last Date of Herbicide Exposure Under , the last date of herbicide exposure is the last date on which the Veteran served in the RVN during the Vietnam Era. h. Considering Direct SC When Entitlement to Presumption Does Not Exist If entitlement to presumptive SC on herbicide exposure does not exist, consider entitlement to SC on a direct, facts-found basis. Under , the presumptive provisions of the statute and VA regulations implementing them are intended as liberalizations that allow for another basis of SC. Therefore, these provisions do not preclude direct SC, where appropriate. i. Date Disabilities Became Subject to Presumptive SC Under 38 CFR 3.309(e) The below shows the dates on which the diseases listed in became subject to presumptive SC. Disability Effective Date Chloracne or other acne-form disease consistent with chloracne, and soft-tissue sarcoma, than osteosarcoma chondrosarcoma Kaposi’s sarcoma, or mesothelioma February 6, 1991 Note: Originally, September 25, 1985, under 38 CFR 3.311a. Non-Hodgkin’s lymphoma (NHL) February 6, 1991 Note: Originally, August 5, 1964, under 38 CFR 3.313. Porphyria cutanea and Hodgkin’s disease February 3, 1994 Respiratory cancers of the lung bronchus larynx, or trachea, and multiple myeloma June 9, 1994 Prostate cancer, and acute and subacute PN November 7, 1996 Type 2 diabetes mellitus (DM) May 8, 2001 CLL October 16, 2003 AL amyloidosis May 7, 2009 Ischemic heart disease (IHD) August 31, 2010
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