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Ionizing Radiation (Atomic Veterans)

TL;DR — Quick Summary

  • Who qualifies: Veterans exposed to ionizing radiation during nuclear testing, Hiroshima/Nagasaki occupation, certain cleanup operations, or gaseous diffusion plant work
  • This is ionizing radiation: NOT radio frequency radiation from communications equipment
  • No time limit: Covered cancers can develop at any point before death
  • 21 presumptive cancers: Including leukemia, lung cancer, thyroid cancer, multiple myeloma, and various organ cancers
  • Fukushima not covered: Operation Tomodachi veterans are NOT currently eligible but can join the registry

Important Clarification

This page covers ionizing radiation exposure. If you were a communications specialist exposed to radio frequency radiation, that is NOT ionizing radiation and these presumptives do not apply. You may still file a claim, but it won't be automatic.

Eligibility Requirements

You qualify for radiation exposure presumptives if you meet any of the following criteria:

Nuclear Testing Participation

  • Participated in atmospheric or underwater nuclear device detonation testing
  • Cleanup of Enewetak Atoll (January 1, 1977 – December 31, 1980)
  • Cleanup of B-52 crash near Palomares, Spain (January 17, 1966 – March 31, 1967)
  • Response to B-52 fire near Thule Air Force Base, Greenland (January 21, 1968 – September 25, 1968)

Japan Service

  • Served in Hiroshima or Nagasaki, Japan between August 6, 1945 and July 1, 1946
  • Former POWs interned within 75 miles of Hiroshima or 150 miles of Nagasaki

Other Qualifying Service

  • Service before January 1, 1974 on Amchitka Island, Alaska with exposure related to Long Shot, Milrow, or Cannikin underground nuclear tests
  • At least 250 days before February 1, 1992 at a gaseous diffusion plant in:
    • Paducah, Kentucky
    • Portsmouth, Ohio
    • K25 at Oak Ridge, Tennessee
    (Must have been monitored via dosimetry badges or served in comparable position)
  • Service qualifying for Special Exposure Cohort (42 U.S.C. 7384l(14))

Not Currently Covered

  • Operation Tomodachi (Fukushima 2011): Congress has not yet recognized these Veterans. Join the Registry to be notified of changes.
  • Other MOS-related exposure: Veterans with other radiation exposures are not covered under presumptives, but can still file a claim with nexus evidence.
Presumptive Conditions

Presumptive Cancers

Veterans may develop any of these cancers at any point before death — there is no time limit:

* Excludes chronic lymphocytic leukemia
** Excludes Hodgkin's disease
*** Excludes cases where cirrhosis or hepatitis B is indicated

38 CFR 3.311 — Radiogenic Disease Claims

This regulation ensures Veterans who developed "radiogenic diseases" due to radiation exposure at locations in 38 CFR 3.309 (and other locations/duties) receive a medical opinion as to whether their condition is at least as likely as not related to their service/exposure.

PACT Act Update

This regulation is now largely supplemented by TERA (Toxic Exposure Risk Activity) requirements. The VA is now required to consider toxic exposures for all Veterans due to the PACT Act.

Frequently Asked Questions

I'm an eligible veteran with a listed cancer but was denied. What can I do?

Sometimes the VBA makes a mistake or is missing evidence showing you are an eligible Veteran with a diagnosed condition. Seek assistance from a VSO to help you file an Appeal.

Additionally, if documentation shows your exposure was due to willful misconduct, or a supervening condition after separation more likely caused your cancer, you may be denied service-connection.

I worked with radioactive materials during my MOS but I'm not listed as eligible. Can I still file?

Yes! You should absolutely still file a claim. While you won't receive automatic presumptive service-connection, you can still establish service-connection with proper nexus evidence (medical opinion linking your condition to your exposure). The PACT Act's TERA provisions may also apply.

I served during Operation Tomodachi (Fukushima response). What are my options?

Congress has not yet added Operation Tomodachi Veterans to the presumptive list. However, you should:

  • Join the DoD Registry to be notified of any changes
  • File a direct service-connection claim if you have a condition you believe is related to your service
  • Monitor legislative updates for potential future inclusion
Is there a time limit for when cancer must develop?

No. Presumptive cancers can develop at any point before the Veteran's death. There is no deadline for when the cancer must manifest.

What's the difference between 38 CFR 3.309 and 38 CFR 3.311?

38 CFR 3.309 provides automatic presumptive service-connection for the 21 listed cancers if you meet the eligibility criteria.

38 CFR 3.311 allows Veterans with "radiogenic diseases" (a broader list) to receive a dose estimate and medical opinion, even if they don't meet the specific eligibility criteria for 3.309 presumptives.

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