Do I have a claim if I was exposed to ionizing radiation?
The VA considers disability compensation claims for veterans exposed to ionizing radiation as a result of participation in atmospheric testing of nuclear weapons who later developed a radiogenic disease.
The specific diseases are listed in federal regulation, 38 CFR 3.311(b)(2), and must be manifested within five years or more after exposure (unless indicated otherwise) (38 CFR 3.311(b)(5)):
- All forms of leukemia except chronic lymphatic (lymphocytic) leukemia (manifested at any time after exposure);
- Thyroid cancer;
- Breast cancer;
- Lung cancer;
- Bone cancer (if manifested within 30 years of exposure);
- Liver cancer;
- Skin cancer;
- Esophageal cancer;
- Stomach cancer;
- Colon cancer;
- Pancreatic cancer;
- Kidney cancer;
- Urinary bladder cancer;
- Salivary gland cancer;
- Multiple myeloma;
- Posterior subcapsular cataracts (if manifested within 6 months or more after exposure);
- Non-malignant thyroid nodular disease;
- Ovarian cancer;
- Parathyroid adenoma;
- Tumors of the brain and central nervous system;
- Cancer of the rectum;
- Lymphomas other than Hodgkin’s disease;
- Prostate cancer; and
- Any other cancer.
Other diseases may be considered by the VA if the veteran cites or submits competent scientific or medical evidence that the claimed disease is a disease related to or caused by radioactivity.
Under these circumstances, a claim for disability compensation must include the following evidence:
- Medical evidence of a disease resulting from exposure to ionizing radiation
A strong claim would also include:
- History of exposure to known carcinogens
- Post-service occupational history
- Family history
- Complete medical history of all medical care relating to the claimed disease
- Names and addresses of all physician and facilities who made the diagnosis or provided treatment for the claim disease
- All tissue block, slides or any other pathology samples, if available.
