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Question On Rule Of Law If Any,


Guest Jim S.

Question

It has always been a question in my mind, as to how the VA can rule an injury, that is clearly documented as having occured while in the service and having been the reason for the Veterans discharge, at the recommendation of a P.E. Board and/or Medical board, being released from service as unfit for further duty or medicaly discharged for same, whether it be rated as 0% or 100% disableing at time of discharge, should not have been found service connected.

Why then may the VA find the condition as not service connected, without first showing that the disease and/or injury having already been diagnosed and for which veteran was discharged for, was clearly and erroniously in error, before finding that the condition was not deserving of service connection?

Even injuries and diseases that are found to have occured prior to service are protected, if shown to have increased in severity because of and during service. Even a congenital disorder or defect may be found service connected if it's severity is as a result of a service connected disability and can be rule as one disorder.

All I am saying is, if a Veteran is discharge for medical or physical reasons that is listed as a disability within the laws that govern the VA, Why then must the VA say othewise without first finding that the diagnosis was CUE first. Why with out finding CUE in the diagnosis then, that all is left is for them to rate the disability as to its rate of severity for pension and/or compensation.

We all know from personal experience that diseases and injuries we recieved in service, may have been slight at the time but do to facters not contimplated at the time the disease and or injury for which we were discharged for may increase ti have a disabling efftect on our lives.

Should these diseases and injuries be rated as service connected, if only at 0% so that years down the road should these same injuries prove to cause increasing disabilities in our lives, could then be look at for increase, instead of have to prove a claim that should have been service connected, in the first place.

Sorry Guys and Gals, I'm in a misserable funk and I have a nasty Flu like bug I am fighting that makes for to much time for my mind to dwell on things I cannot change or understand.

Jim S. B)

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Well, just because a disease occured while in the military and the military medically retired the individual, does not mean that the disability is service connected. For example, one could come down with cancer while in the military and said cancer could lead to a medical discharge, but that doesn't mean the military "caused" the cancer in the first place. It's not enough to just get injured in the military, one needs to prove that the military had some influence on said injury.

If you're refering to a disability that the military acknowledged as being service connected before being medically discharged (IE - the military said it was their fault) then the VA should not even question the validity of that person's SC. Of crouse, we're dealing with a VA that could care less about veterans and looks at them as money-grubbing cry-babies.

Issues like these that defy common sense and are direct/obvious attempts to keep veterans from deserved compensation need to be addressed on a national level. The SOs, senators and public in general have failed veterans in this regard.

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  • HadIt.com Elder

Jim S

I don't understand how you got a medical discharge but were denied SC. I know they sneaked in that personality disorder thing. That was a dirty deal.

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  • HadIt.com Elder

they did it a lot in the late 60's and early 70's diagnose you with a pre-existing condition from your childhood and then deny benefits, the OIF/OEF veterans need to be careful when being interviewed as anything said will be pounced on as ah'ha see it is from a pre-service origin, we are not responsible. They will spend the next 20-30 years fighting it and if they get real lucky will get it overturned maybe. It;s disgraceful.

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Testvet

That is what they did to me but they tacked on 10% for a nervous condition and that saved me in the end.

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John999: That's why I said it bothers me to this day. I looked at my P.E Board Proceedings and Findings and this is what I found.

1. The disability was incurred while intitled to receive basic pay

2. The disability is not due to intentional misconduct or willful neglect

3. The disability was not incurred during a period of unauthorized absence.

4. The disability is the proximate result of active duty or inactive training

5. The disability may be permanent.

6. The disability is ratable as set forth above at 0 percent.

The reason for the 0% was that the condition was considered in remission at the time, and that I would be filing a claim with the VA for benefits which I was told paid more. If I had known I would have had to fight for my benefits, I would have never signed anything, They would have had to carry me out.

I was young and ignorant and wanted to get out of the hospital lock up ward.

Jim S. B)

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If I knew that I was at least service connected at 0% at the time by the VA, I probably wouldn't have thought anything about going in to see a Dr for any problems after service, I didn't even know I could go the the VAMC for treatment until I was told to go thier by an unemployment councelor from the VA and then one thing led to another and I found this site.

I've been working my claim ever since and was able to get a NSC pension that carried thru until I was able to qualify for Social Security Disability Insurance. Now that will carry me thru while I carry my fight to the VA for SC my mental problems and all.

Jim S. B)

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Guest fla_viking

Dear Fellow Veterans & Friends.

You dont have to prove the military was the cause of your cancer. All you have to prove is you obtaiined cancer while in the military or one year from discharge. Proving the military was the cause of ones cancer means vets must become scientests and Dr's. Thats what the DOD and VA did to them on Agent orange and gulf war symdrom. After years of study of Gulf war syndrom. IT wos found the VA and DOD threathened the Dr's doing the research, The DOD and VA did not obtain all the information needed to make the years of study any use to any one and now all the Gulf war vets are denied claims and treatment because the VA is playing games with data.

Terry Higgins

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Dear Fellow Veterans & Friends.

You dont have to prove the military was the cause of your cancer. All you have to prove is you obtaiined cancer while in the military or one year from discharge. Proving the military was the cause of ones cancer means vets must become scientests and Dr's. Thats what the DOD and VA did to them on Agent orange and gulf war symdrom. After years of study of Gulf war syndrom. IT wos found the VA and DOD threathened the Dr's doing the research, The DOD and VA did not obtain all the information needed to make the years of study any use to any one and now all the Gulf war vets are denied claims and treatment because the VA is playing games with data.

Terry Higgins

I must be misunderstanding the law then.....I was under the impression that one had to link a cause to the military and that simply being ill wasn't enough?

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It is necessary to establish a nexus in the case of injury, or if filing for an increase in a pre-service condition that was aggravated by military service.

As far as any didease that did not show on your induction physical, but was diagnosed in the military and/or within 12 months of discharge from the military, that is all the nexus that is required.

If you are filing for a disease after the 12 months expired, before it was diagnosed, then again you need to establish a nexus.

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It is necessary to establish a nexus in the case of injury, or if filing for an increase in a pre-service condition that was aggravated by military service.

As far as any didease that did not show on your induction physical, but was diagnosed in the military and/or within 12 months of discharge from the military, that is all the nexus that is required.

If you are filing for a disease after the 12 months expired, before it was diagnosed, then again you need to establish a nexus.

I still don't understand what you mean? You need to establish a "nexus" to receive compensation and nexus, by definition, is a "link"...so, how then can one establish compensation without a link to the military? Accept for in extreme cases like AO and other chemical/biological agents, cancer is not th direct cause of military duty, so how can one establish a nexus for compensation for a disease the military, obviously, didn't cause? Obviously, I'm missing something:-)

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Although not a perfect system, it is presumed that upon enlistment and during your time in service, the service will take care of you in case you become ill or are injured during this time. It does have certain limitations and drawbacks, but when it is applied right, then the Veteran is cared for, even after service.

I don't know the history of the VA, but I imagine it was created to take care of Veterans to help take some of the burden off the military, so that they could have the means to take care of those still in. It may not be what history says, but I imagine it is one of the controlling facters that help bring about the developtment of the VA.

Jim S. :)

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Jim S

What happened to you could have happened to any of us. VA doctors changing a diagnosis happens and it happened to me more than once.

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  • HadIt.com Elder
I still don't understand what you mean? You need to establish a "nexus" to receive compensation and nexus, by definition, is a "link"...so, how then can one establish compensation without a link to the military? Accept for in extreme cases like AO and other chemical/biological agents, cancer is not th direct cause of military duty, so how can one establish a nexus for compensation for a disease the military, obviously, didn't cause? Obviously, I'm missing something:-)

The DD2a4 is your 'link' to the military.

If you think that it is 'obvious' that the military did not cause the cancer, then you know something that most oncologists do not.

Obviously, if the cancer shows up early (maybe first 2-3 years), in military service, than you would have a hard time claiming that it developed in service. But, if you have more time in, before it is discovered, or if you retire, and are then diagnosed within the year, then there is no need for a nexus.

Jay, you have to look at the wider picture when you are giving advice. Try to be sure that it fits all circumstances, or specify that it is specific only to the post you are answering. Circumstances vary widely and wildly, you can be specific to one case, when you have full information; but most of the time you don't have enough information to be that specific, so must give answers that are useful to all.

You let your youthful enthusiasm and desire to help run away with your advice, sometimes.

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To all:

Although I ultimately wish to service connect my mental problems, my first and formost concern is that that the VARO failed to properly adjudicate for the diagnosis made in service and failed to properly support a change in a diagnosis. Once this is corrected, then service connecting the in service diagnosis and other mental problems noted at the time can be found SC too.

I just want to prove them wrong and if I can benefit from that, it's just a bonus like a cherry on top.

Jim S. :)

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The DD2a4 is your 'link' to the military.

If you think that it is 'obvious' that the military did not cause the cancer, then you know something that most oncologists do not.

Obviously, if the cancer shows up early (maybe first 2-3 years), in military service, than you would have a hard time claiming that it developed in service. But, if you have more time in, before it is discovered, or if you retire, and are then diagnosed within the year, then there is no need for a nexus.

Jay, you have to look at the wider picture when you are giving advice. Try to be sure that it fits all circumstances, or specify that it is specific only to the post you are answering. Circumstances vary widely and wildly, you can be specific to one case, when you have full information; but most of the time you don't have enough information to be that specific, so must give answers that are useful to all.

You let your youthful enthusiasm and desire to help run away with your advice, sometimes.

I'm a nurse by profession, so please don't talk down to me about cancer. Cancer is not CAUSED by the military and to insinuate otherwise is lunacy. There are cases where pathogens from military service can cause cancer, but 99% of cancers are unexplained, genetic problems...please do some research on the topic before you berate me again!

Again, I am NOT reading the regulation the way you are. I always took SC to mean that there must be some sort of nexus between service and the disability. Now, if you have some information that shows that one merely needs to get a disability while in the military, then so be it, but don't belittle yet another of my posts. This is the second time in several days that you have personally attacked one of my posts and the first of which was a gross misunderstanding on your part and NOT my mistake...if you feel the need to continue to berate my posts I will leave the vet help to you. I have better ways to spend my time then getting a face full of shit every time I try to help a veteran.

P.S. – For christ’s sake, I said from the beginning that If my interpretation was wrong then so be it, but show me why rather then call me a misguided child.

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Jay:

Now you know why Walter is so upsetting to me.... His remark " You let your youthful enthusiasm and desire to help run away with your advice, sometimes"

was uncalled for...I'll take the word of a health care professional.... Stay the course, you post good advice.

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Jay Johnson: To put it semply, the government has established law that gives the presumption that a Veteran is medically and psychologicaly fit for service upon enlistment, and the presumption in most cases, that if the Veteran becomes Ill for either medical or psychological reasons, then it will be deemed to have occured as a result of military service. Mind you, their are exceptions to the rule and that is when a Nexus must be shown.

One thing to note, as science progesses, they are bound to find the exact cause of certain illness and if they can be shown as being caused from hereditary or developmental causes, be assured that the VA will try to have those illniess's listed as not subject to SC for benefit purposes.

Even if you should be 100% SC with P&T with all the other benefits that may apply to your claim. It is tantamount that you stay up to date on what is happening with VA benefits. We will always be a odds with the Government over what benefits a Veteran should be intitle to and the VA will always be trying ways in which to deny us those benefits we have worked, thus far, for them.

Keep up the fight, and try not to let anything someone might say or ensenuate get under your skin, Their are days I want to lash out and it isn't necessarily anyones fault, It has to do more with my problems and the medications I take or even how I feel when I get out of bed in the morning. Waiting to hear that their is movement in your claim process seems to depress me more and highten my anxiety more than anything else.

Keep on posting,

Jim S. :)

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  • HadIt.com Elder

I am trying to provide constructive criticism, and I certainly did not imply that your were childish. However, after this rant, I will classify you as immature.

Since you apparently have difficulty with my English, I will leave you alone to make your broad generalizations, and misinterpretations of VA regulations. Experience has shown that to give advice based upon limited experience with the VA, and based upon strict legal interpretation of VA regulations and Manuals, is a recipe for long tem frustration.

I took you to task several times, because we need people with direct medical expertise on the board, and I didn't like to see you giving advice that I thought overly optimistic, to say the least, rather than sticking to your area of medical expertise.

Even those of us who have many years of experience in dealing with the VA, still make mistakes, but we try to correct each other, when that happens. Nobody can know it all, for one thing the VA is busy dreaming up variations of their shell game all the time.

I think you need to be less sensitive, and not think that everybody who criticizes is another 'arkansas' or 'ptsdkid'.

Good luck Jay, I'll leave you in peace. By the way, did you read what Jim S. said. He put it in simpler language than I did.

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OK, let's take the contentious tone of this down a notch, shall we? Please... We are all on the same side and need each other.

To explain by a particular example, I'll tell you about my husband's experience. He retired from the military with over 20 years served on a medical. He developed a pituitary brain tumor which we discovered after he had put his papers in for a regular retirement, but before he was actually discharged. We stopped the regular retirement process one month before he timed out (which was a major hassle and took U.S. Congressman Jim McCrery's intervention because no one at PEB/MEB would return our phone calls - they wanted the VA to deal with the issue). The pituitary tumor was removed before his discharge, he is now rated at 60% service-connected for the pituitary condition and separately for several residuals of that condition.

We don't think his military service "caused" this condition (unless something is discovered in the future in reference to AO exposure). The fact that he developed this condition while active duty, which necessitated a medical discharge (regardless of the fact that he was leaving the military anyway) made it service-connected and VA-ratable.

Hope that helps.

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Vicki- you explained that very well-using your husband's case-

Another way of direct SC involves Presumption for Chronic diseases listed in 38 USC 1112.

It can provide service connection for vets who were diagnosed within a presumptive period (ususally within one year after service if the disability manifested to at least 10% within that same year after service-

I copied the whole list from 38 CFR 3.309- I believe many vet reps often never consider this list for potential SC when looking at claims-

Electronic Code of Federal Regulations (e-CFR)

BETA TEST SITE

e-CFR Data is current as of December 6, 2005

Title 38: Pensions, Bonuses, and Veterans' Relief

PART 3—ADJUDICATION

Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation

Ratings and Evaluations; Service Connection

Browse Previous | Browse Next

§ 3.309 Disease subject to presumptive service connection.

(a) Chronic diseases. The following diseases shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under §3.307 following service in a period of war or following peacetime service on or after January 1, 1947, provided the rebuttable presumption provisions of §3.307 are also satisfied.

Anemia, primary.

Arteriosclerosis.

Arthritis.

Atrophy, progressive muscular.

Brain hemorrhage.

Brain thrombosis.

Bronchiectasis.

Calculi of the kidney, bladder, or gallbladder.

Cardiovascular-renal disease, including hypertension. (This term applies to combination involvement of the type of arteriosclerosis, nephritis, and organic heart disease, and since hypertension is an early symptom long preceding the development of those diseases in their more obvious forms, a disabling hypertension within the 1-year period will be given the same benefit of service connection as any of the chronic diseases listed.)

Cirrhosis of the liver.

Coccidioidomycosis.

Diabetes mellitus.

Encephalitis lethargica residuals.

Endocarditis. (This term covers all forms of valvular heart disease.)

Endocrinopathies.

Epilepsies.

Hansen's disease.

Hodgkin's disease.

Leukemia.

Lupus erythematosus, systemic.

Myasthenia gravis.

Myelitis.

Myocarditis.

Nephritis.

Other organic diseases of the nervous system.

Osteitis deformans (Paget's disease).

Osteomalacia.

Palsy, bulbar.

Paralysis agitans.

Psychoses.

Purpura idiopathic, hemorrhagic.

Raynaud's disease.

Sarcoidosis.

Scleroderma.

Sclerosis, amyotrophic lateral.

Sclerosis, multiple.

Syringomyelia.

Thromboangiitis obliterans (Buerger's disease).

Tuberculosis, active.

Tumors, malignant, or of the brain or spinal cord or peripheral nerves.

Ulcers, peptic (gastric or duodenal) (A proper diagnosis of gastric or duodenal ulcer (peptic ulcer) is to be considered established if it represents a medically sound interpretation of sufficient clinical findings warranting such diagnosis and provides an adequate basis for a differential diagnosis from other conditions with like symptomatology; in short, where the preponderance of evidence indicates gastric or duodenal ulcer (peptic ulcer). Whenever possible, of course, laboratory findings should be used in corroboration of the clinical data.

(:) Tropical diseases. The following diseases shall be granted service connection as a result of tropical service, although not otherwise established as incurred in service if manifested to a compensable degree within the applicable time limits under §3.307 or §3.308 following service in a period of war or following peacetime service, provided the rebuttable presumption provisions of §3.307 are also satisfied.

Amebiasis.

Blackwater fever.

Cholera.

Dracontiasis.

Dysentery.

Filariasis.

Leishmaniasis, including kala-azar.

Loiasis.

Malaria.

Onchocerciasis.

Oroya fever.

Pinta.

Plague.

Schistosomiasis.

Yaws.

Yellow fever.

Resultant disorders or diseases originating because of therapy administered in connection with such diseases or as a preventative thereof.

© Diseases specific as to former prisoners of war. (1) If a veteran is a former prisoner of war, the following diseases shall be service connected if manifest to a degree of disability of 10 percent or more at any time after discharge or release from active military, naval, or air service even though there is no record of such disease during service, provided the rebuttable presumption provisions of §3.307 are also satisfied.

Psychosis.

Any of the anxiety states.

Dysthymic disorder (or depressive neurosis).

Organic residuals of frostbite, if it is determined that the veteran was interned in climatic conditions consistent with the occurrence of frostbite.

Post-traumatic osteoarthritis.

Atherosclerotic heart disease or hypertensive vascular disease (including hypertensive heart disease) and their complications (including myocardial infarction, congestive heart failure, arrhythmia).

Stroke and its complications.

(2) If the veteran:

(i) Is a former prisoner of war and;

(ii) Was interned or detained for not less than 30 days, the following diseases shall be service connected if manifest to a degree of 10 percent or more at any time after discharge or release from active military, naval, or air service even though there is no record of such disease during service, provided the rebuttable presumption provisions of §3.307 are also satisfied.

Avitaminosis.

Beriberi (including beriberi heart disease).

Chronic dysentery.

Helminthiasis.

Malnutrition (including optic atrophy associated with malnutrition).

Pellagra.

Any other nutritional deficiency.

Irritable bowel syndrome.

Peptic ulcer disease.

Peripheral neuropathy except where directly related to infectious causes.

Cirrhosis of the liver.

(Authority:

38 U.S.C. 1112(B))

(d) Diseases specific to radiation-exposed veterans. (1) The diseases listed in paragraph (d)(2) of this section shall be service-connected if they become manifest in a radiation-exposed veteran as defined in paragraph (d)(3) of this section, provided the rebuttable presumption provisions of §3.307 of this part are also satisfied.

(2) The diseases referred to in paragraph (d)(1) of this section are the following:

(i) Leukemia (other than chronic lymphocytic leukemia).

(ii) Cancer of the thyroid.

(iii) Cancer of the breast.

(iv) Cancer of the pharynx.

(v) Cancer of the esophagus.

(vi) Cancer of the stomach.

(vii) Cancer of the small intestine.

(viii) Cancer of the pancreas.

(ix) Multiple myeloma.

(x) Lymphomas (except Hodgkin's disease).

(xi) Cancer of the bile ducts.

(xii) Cancer of the gall bladder.

(xiii) Primary liver cancer (except if cirrhosis or hepatitis B is indicated).

(xiv) Cancer of the salivary gland.

(xv) Cancer of the urinary tract.

(xvi) Bronchiolo-alveolar carcinoma.

(xvii) Cancer of the bone.

(xviii) Cancer of the brain.

(xix) Cancer of the colon.

(xx) Cancer of the lung.

(xxi) Cancer of the ovary.

Note: For the purposes of this section, the term “urinary tract” means the kidneys, renal pelves, ureters, urinary bladder, and urethra.

(Authority: 38 U.S.C. 1112©(2)).

(3) For purposes of this section:

(i) The term radiation-exposed veteran means either a veteran who while serving on active duty, or an individual who while a member of a reserve component of the Armed Forces during a period of active duty for training or inactive duty training, participated in a radiation-risk activity.

(ii) The term radiation-risk activity means:

(A) Onsite participation in a test involving the atmospheric detonation of a nuclear device.

(B) The occupation of Hiroshima or Nagasaki, Japan, by United States forces during the period beginning on August 6, 1945, and ending on July 1, 1946.

© Internment as a prisoner of war in Japan (or service on active duty in Japan immediately following such internment) during World War II which resulted in an opportunity for exposure to ionizing radiation comparable to that of the United States occupation forces in Hiroshima or Nagasaki, Japan, during the period beginning on August 6, 1945, and ending on July 1, 1946.

(D)(1) Service in which the service member was, as part of his or her official military duties, present during a total of at least 250 days before February 1, 1992, on the grounds of a gaseous diffusion plant located in Paducah, Kentucky, Portsmouth, Ohio, or the area identified as K25 at Oak Ridge, Tennessee, if, during such service the veteran:

(i) Was monitored for each of the 250 days of such service through the use of dosimetry badges for exposure at the plant of the external parts of veteran's body to radiation; or

(ii) Served for each of the 250 days of such service in a position that had exposures comparable to a job that is or was monitored through the use of dosimetry badges; or

(2) Service before January 1, 1974, on Amchitka Island, Alaska, if, during such service, the veteran was exposed to ionizing radiation in the performance of duty related to the Long Shot, Milrow, or Cannikin underground nuclear tests.

(3) For purposes of paragraph (d)(3)(ii)(D)(1) of this section, the term “day” refers to all or any portion of a calendar day.

(iii) The term atmospheric detonation includes underwater nuclear detonations.

(iv) The term onsite participation means:

(A) During the official operational period of an atmospheric nuclear test, presence at the test site, or performance of official military duties in connection with ships, aircraft or other equipment used in direct support of the nuclear test.

(B) During the six month period following the official operational period of an atmospheric nuclear test, presence at the test site or other test staging area to perform official military duties in connection with completion of projects related to the nuclear test including decontamination of equipment used during the nuclear test.

© Service as a member of the garrison or maintenance forces on Eniwetok during the periods June 21, 1951, through July 1, 1952, August 7, 1956, through August 7, 1957, or November 1, 1958, through April 30, 1959.

(D) Assignment to official military duties at Naval Shipyards involving the decontamination of ships that participated in Operation Crossroads.

(v) For tests conducted by the United States, the term operational period means:

(A) For Operation TRINITY the period July 16, 1945 through August 6, 1945.

(B) For Operation CROSSROADS the period July 1, 1946 through August 31, 1946.

© For Operation SANDSTONE the period April 15, 1948 through May 20, 1948.

(D) For Operation RANGER the period January 27, 1951 through February 6, 1951.

(E) For Operation GREENHOUSE the period April 8, 1951 through June 20, 1951.

(F) For Operation BUSTER-JANGLE the period October 22, 1951 through December 20, 1951.

(G) For Operation TUMBLER-SNAPPER the period April 1, 1952 through June 20, 1952.

(H) For Operation IVY the period November 1, 1952 through December 31, 1952.

(I) For Operation UPSHOT-KNOTHOLE the period March 17, 1953 through June 20, 1953.

(J) For Operation CASTLE the period March 1, 1954 through May 31, 1954.

(K) For Operation TEAPOT the period February 18, 1955 through June 10, 1955.

(L) For Operation WIGWAM the period May 14, 1955 through May 15, 1955.

(M) For Operation REDWING the period May 5, 1956 through August 6, 1956.

(N) For Operation PLUMBBOB the period May 28, 1957 through October 22, 1957.

(O) For Operation HARDTACK I the period April 28, 1958 through October 31, 1958.

(P) For Operation ARGUS the period August 27, 1958 through September 10, 1958.

(Q) For Operation HARDTACK II the period September 19, 1958 through October 31, 1958.

® For Operation DOMINIC I the period April 25, 1962 through December 31, 1962.

(S) For Operation DOMINIC II/PLOWSHARE the period July 6, 1962 through August 15, 1962.

(vi) The term “occupation of Hiroshima or Nagasaki, Japan, by United States forces” means official military duties within 10 miles of the city limits of either Hiroshima or Nagasaki, Japan, which were required to perform or support military occupation functions such as occupation of territory, control of the population, stabilization of the government, demilitarization of the Japanese military, rehabilitation of the infrastructure or deactivation and conversion of war plants or materials.

(vii) Former prisoners of war who had an opportunity for exposure to ionizing radiation comparable to that of veterans who participated in the occupation of Hiroshima or Nagasaki, Japan, by United States forces shall include those who, at any time during the period August 6, 1945, through July 1, 1946:

(A) Were interned within 75 miles of the city limits of Hiroshima or within 150 miles of the city limits of Nagasaki, or

(B) Can affirmatively show they worked within the areas set forth in paragraph (d)(4)(vii)(A) of this section although not interned within those areas, or

© Served immediately following internment in a capacity which satisfies the definition in paragraph (d)(4)(vi) of this section, or

(D) Were repatriated through the port of Nagasaki.

(Authority: 38 U.S.C. 1110, 1112, 1131)

(e) Disease associated with exposure to certain herbicide agents. If a veteran was exposed to an herbicide agent during active military, naval, or air service, the following diseases shall be service-connected if the requirements of §3.307(a)(6) are met even though there is no record of such disease during service, provided further that the rebuttable presumption provisions of §3.307(d) are also satisfied.

Chloracne or other acneform disease consistent with chloracne

Type 2 diabetes (also known as Type II diabetes mellitus or adult-onset diabetes)

Hodgkin's disease

Chronic lymphocytic leukemia

Multiple myeloma

Non-Hodgkin's lymphoma

Acute and subacute peripheral neuropathy

Porphyria cutanea tarda

Prostate cancer

Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea)

Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma)

Note 1: The term “soft-tissue sarcoma” includes the following:

Adult fibrosarcoma

Dermatofibrosarcoma protuberans

Malignant fibrous histiocytoma

Liposarcoma

Leiomyosarcoma

Epithelioid leiomyosarcoma (malignant leiomyoblastoma)

Rhabdomyosarcoma

Ectomesenchymoma

Angiosarcoma (hemangiosarcoma and lymphangiosarcoma)

Proliferating (systemic) angioendotheliomatosis

Malignant glomus tumor

Malignant hemangiopericytoma

Synovial sarcoma (malignant synovioma)

Malignant giant cell tumor of tendon sheath

Malignant schwannoma, including malignant schwannoma with rhabdomyoblastic differentiation (malignant Triton tumor), glandular and epithelioid malignant schwannomas

Malignant mesenchymoma

Malignant granular cell tumor

Alveolar soft part sarcoma

Epithelioid sarcoma

Clear cell sarcoma of tendons and aponeuroses

Extraskeletal Ewing's sarcoma

Congenital and infantile fibrosarcoma

Malignant ganglioneuroma

Note 2: For purposes of this section, the term acute and subacute peripheral neuropathy means transient peripheral neuropathy that appears within weeks or months of exposure to an herbicide agent and resolves within two years of the date of onset.

(Authority: 38 U.S.C. 501(a) and 1116)

[41 FR 55873, Dec. 23, 1976 and 47 FR 11656, Mar. 18, 1982, as amended at 47 FR 54436, Dec. 3, 1982; 49 FR 47003, Nov. 30, 1984; 53 FR 23236, June 21, 1988; 54 FR 26029, June 21, 1989; 57 FR 10426, Mar. 26, 1992; 58 FR 25564, Apr. 27, 1993; 58 FR 29109, May 19, 1993; 58 FR 41636, Aug. 5, 1993; 59 FR 5107, Feb. 3, 1994; 59 FR 25329, May 16, 1994; 59 FR 29724, June 9, 1994; 59 FR 35465, July 12, 1994; 60 FR 31252, June 14, 1995; 61 FR 57589, Nov. 7, 1996; 65 FR 43700, July 14, 2000; 66 FR 23168, May 8, 2001; 67 FR 3615, Jan. 25, 2002; 67 FR 67793, Nov. 7, 2002; 68 FR 42603, July 18, 2003; 68 FR 59542, Oct. 16, 2003; 69 FR 60089, Oct. 7, 2004]

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