The following is a brief overview of this CFR section, for reference purposes only.
For any other use read the official publication. ----SEE LINK BELOW ---- Updated each July

SEE: Most recent available citation: CFR Title 38,Part 3, Section 311 (text)

These medical conditions are considered to be radiogenic diseases.
Claims require the following evidence:

• Proof of "radiation risk activities" as described on 38CFR Sec. 3.309.
• Dose assessment from a "credible source" to prove levels and nature of radiation exposure exceeding the VA's currently judged safe levels.
• "Competent scientific or sound medical evidence" that a claimed medical condition is more likely, than not, the result of radiation exposure.
• That a medical condition manifests within specified time periods.
  • Bone cancer within 30 years of exposure.
  • Leukemia at any time after exposure
  • Posterior sub-capsular cataracts within 6 months after exposure.
  • All others: 5 years or more after exposure.

"Radiogenic disease means a disease that may be induced by ionizing radiation and shall include the following":

All forms of leukemia    except chronic lymphatic (lymphocytic)	Urinary bladder cancer
Thyroid cancer	Salivary gland cancer
Breast cancer	Multiple myeloma
Lung cancer	Posterior sub-capsular cataracts
Bone cancer	Non-malignant thyroid nodular disease
Liver cancer	Ovarian cancer
Skin cancer	Parathyroid adenoma
Esophageal cancer	Tumors of the brain and central nervous system
Stomach cancer	Cancer of the rectum
Colon cancer	Lymphomas other than Hodgkin's disease
Pancreatic cancer	Prostrate cancer
Kidney cancer	Any other cancer

Paragraph (4)(i) and (ii) states:
(i)"If military records do not establish presence at or absence from a site at which exposure to radiation is claimed to have occurred, the veteran's presence at the site will be conceded." [ to grant, yield or acknowledge as true ]
(ii)"Neither the veteran nor the veteran's survivors may be required to produce evidence substantiating exposure if the information in the veteran's service records or other records maintained by the Department of Defense is consistent with the claim that the veteran was present where and when the claimed exposure occurred."

Paragraph (4) appears to be a distinct contradiction to the requirement to prove presence. The DVA's interpretation of this paragraph has been a long standing issue of contention and disagreement.

Another issue of argument is the use of the DOD or DNA records of radiation exposure levels. The Department of Veterans Affairs acknowledges that the reconstructed doses are only approximate and are not credible or useful in accurately determining participant radiation exposure levels. This issue has long been debated in Congress with the intent to eliminate the requirement to prove LEVELS of exposure.

38CFR3.309 "Presumptive Diseases"

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