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Ionizing radiation exposure

VA publishes two different radiation lists that are not interchangeable. 38 CFR 3.309(d)(2) is a 21-disease presumptive list: if a veteran meets the regulation's definition of a "radiation-exposed veteran" and has one of those diseases, VA will treat it as service-connected, subject to the rebuttable presumption provisions of 38 CFR 3.307. 38 CFR 3.311(b)(2) is a separate 24-item "radiogenic disease" list that is not presumptive: it triggers a process in which VA obtains a radiation dose estimate and refers the case for a case-by-case opinion. Prostate cancer, skin cancer, and cancer of the rectum appear on the 3.311 list only. The PACT Act added three radiation-risk activities: the Enewetak Atoll cleanup, and the response efforts at Palomares, Spain and Thule, Greenland. Only VA can decide any individual case.

This is VA's published list, not a decision about you. Being on it doesn't mean a claim is approved, and it isn't advice to file. A free accredited representative can look at your actual service and records.

Whose service qualifies

38 CFR 3.309(d)(3)(i) defines a "radiation-exposed veteran" as "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." Active duty, ACDUTRA, and INACDUTRA all appear in that definition. VA's disability page adds the general requirement that the veteran did not receive a dishonorable discharge, and that the veteran has an illness on VA's list of illnesses believed to be caused by radiation or an illness doctors say may be caused by radiation. The 3.309(d) presumption is not automatic: 38 CFR 3.309(d)(1) states the listed diseases "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 Sec. 3.307 of this part are also satisfied."

Conditions VA lists (45)

Names are reproduced exactly as VA publishes them. Where VA's pages differ, or where a name carries a qualifier, the note says so.

Diseases specific to radiation-exposed veterans (38 CFR 3.309(d)(2))

Radiogenic diseases (38 CFR 3.311(b)(2)) - NOT presumptive, dose estimate and case-by-case review

Locations and dates (31)

Service in these places during these periods is what establishes the presumption. The dates are exact and they matter.

Cleanup of Enewetak AtollAdded by the PACT Act

Dates: January 1, 1977 through December 31, 1980

Added by the PACT Act, Pub. L. 117-168 Sec. 401, to 38 U.S.C. 1112(c)(3)(B), and codified at 38 CFR 3.309(d)(3)(ii)(F). The eCFR text of that subparagraph contains a published typographical error, "January 1,1977" with no space after the comma; the enrolled statute reads "January 1, 1977" correctly. All three VA pages and the statute agree on the dates.

Onsite participation in the response effort following the collision of a United States Air Force B-52 bomber and refueling plane that caused the release of four thermonuclear weapons in the vicinity of Palomares, SpainAdded by the PACT Act

Dates: January 17, 1966 through March 31, 1967

Added by the PACT Act Sec. 402, codified at 38 CFR 3.309(d)(3)(ii)(G). The regulation's controlling standard is "onsite participation in the response effort," not presence in the theater. VA's plain-language page loosely calls this "Cleanup of the Air Force B-52 bomber carrying nuclear weapons off the coast of Palomares, Spain." The start year is 1966, not 1967.

Onsite participation in the response effort following the on-board fire and crash of a United States Air Force B-52 bomber that caused the release of four thermonuclear weapons in the vicinity of Thule Air Force Base, GreenlandAdded by the PACT Act

Dates: January 21, 1968 to September 25, 1968

Added by the PACT Act Sec. 402, codified at 38 CFR 3.309(d)(3)(ii)(H). VA's PACT Act page uses "to" rather than "through" for this range, quoted as published. About eight months, the shortest of the three PACT Act radiation windows.

Occupation of Hiroshima or Nagasaki, Japan, by United States forces

Dates: 38 CFR 3.309(d)(3)(ii)(B): "during the period beginning on August 6, 1945, and ending on July 1, 1946."

Two things to know. First, scope: 38 CFR 3.309(d)(3)(vi) defines this as "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." Second, an internal CFR conflict: 38 CFR 3.311(b)(1)(i) describes the same occupation as running "from September 1945 until July 1946," which is a different start than 3.309(d)(3)(ii)(B)'s August 6, 1945. That conflict is unresolved and matters for service in August 1945. publichealth.va.gov also writes "Hiroshima and Nagasaki" where the regulation says "or."

Internment as a prisoner of war in Japan (or service on active duty in Japan immediately following such internment) during World War II

Dates: 38 CFR 3.309(d)(3)(vii): "at any time during the period August 6, 1945, through July 1, 1946"

38 CFR 3.309(d)(3)(ii)(C) frames the test as internment "which resulted in an opportunity for exposure to ionizing radiation comparable to that of the United States occupation forces in Hiroshima or Nagasaki." 38 CFR 3.309(d)(3)(vii) then supplies four enumerated criteria within that period: (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)(3)(vii)(A) of this section although not interned within those areas," or (C) served immediately following internment in a capacity satisfying the occupation definition at (d)(3)(vi), or (D) "Were repatriated through the port of Nagasaki."

Onsite participation in a test involving the atmospheric detonation of a nuclear device

Dates: Defined by the named test operations and their official operational periods at 38 CFR 3.309(d)(3)(v), listed individually below

38 CFR 3.309(d)(3)(ii)(A) states the activity with no dates; the operative definitions are at (d)(3)(iv) and (v). Two scope points from (d)(3)(iv): subparagraph (B) also covers "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." And 38 CFR 3.309(d)(3)(iii) provides that "The term atmospheric detonation includes underwater nuclear detonations."

Operation TRINITY

Dates: July 16, 1945 through August 6, 1945

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation CROSSROADS

Dates: July 1, 1946 through August 31, 1946

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation SANDSTONE

Dates: April 15, 1948 through May 20, 1948

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation RANGER

Dates: January 27, 1951 through February 6, 1951

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation GREENHOUSE

Dates: April 8, 1951 through June 20, 1951

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation BUSTER-JANGLE

Dates: October 22, 1951 through December 20, 1951

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation TUMBLER-SNAPPER

Dates: April 1, 1952 through June 20, 1952

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation IVY

Dates: November 1, 1952 through December 31, 1952

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation UPSHOT-KNOTHOLE

Dates: March 17, 1953 through June 20, 1953

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation CASTLE

Dates: March 1, 1954 through May 31, 1954

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation TEAPOT

Dates: February 18, 1955 through June 10, 1955

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation WIGWAM

Dates: May 14, 1955 through May 15, 1955

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v). Two days.

Operation REDWING

Dates: May 5, 1956 through August 6, 1956

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation PLUMBBOB

Dates: May 28, 1957 through October 22, 1957

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation HARDTACK I

Dates: April 28, 1958 through October 31, 1958

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation ARGUS

Dates: August 27, 1958 through September 10, 1958

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation HARDTACK II

Dates: September 19, 1958 through October 31, 1958

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation DOMINIC I

Dates: April 25, 1962 through December 31, 1962

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v).

Operation DOMINIC II/PLOWSHARE

Dates: July 6, 1962 through August 15, 1962

Named atmospheric nuclear test operation and official operational period, 38 CFR 3.309(d)(3)(v). The CFR name includes PLOWSHARE.

Service as a member of the garrison or maintenance forces on Eniwetok

Dates: 38 CFR 3.309(d)(3)(iv)(C): "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."

A separate qualifying activity, legally distinct from the PACT Act "Cleanup of Enewetak Atoll" window of 1977 to 1980. Note the different spelling used in this subparagraph.

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

Dates: 38 CFR 3.309(d)(3)(iv)(D) states no date limit for this activity

A qualifying radiation-risk activity that covers stateside shipyard work. A veteran who decontaminated Crossroads ships at a naval shipyard and never went to a test site can still fall inside the definition.

Amchitka Island, Alaska, in connection with the Long Shot, Milrow, or Cannikin underground nuclear tests

Dates: 38 CFR 3.309(d)(3)(ii)(D)(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."

publichealth.va.gov agrees on "before Jan. 1, 1974." This entry requires duty-related exposure tied to those three named tests, not mere presence on the island.

Gaseous diffusion plant located in Paducah, Kentucky, Portsmouth, Ohio, or the area identified as K25 at Oak Ridge, Tennessee

Dates: 38 CFR 3.309(d)(3)(ii)(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 one of those plants

The regulation attaches a monitoring condition to every one of the 250 days, not to the service generally: the veteran must have either (i) been "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." 38 CFR 3.309(d)(3)(ii)(D)(3) provides that "the term 'day' refers to all or any portion of a calendar day," which is why the 250 days are counted as a total rather than as a consecutive block.

Service in a capacity which, if performed as an employee of the Department of Energy, would qualify the individual for inclusion as a member of the Special Exposure Cohort

Dates: 38 CFR 3.309(d)(3)(ii)(E) states no date range; qualification is by reference to section 3621(14) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(14))

The counterfactual wording matters: the veteran need not have been a Department of Energy employee. VA's own disability page independently cites 42 U.S.C. 7384L(14). Whether a given veteran qualifies depends on DOE and DOL Special Exposure Cohort designations, which change over time, so this is not a fixed list.

Nevada Test Site (Department of Energy Special Exposure Cohort criteria as summarized by VA)

Dates: publichealth.va.gov states: "at least 250 days from Jan. 1, 1963, through Dec. 31, 1992"

This specific date range is published on publichealth.va.gov and does not appear anywhere in the text of 38 CFR 3.309. It derives from the DOE Special Exposure Cohort criteria under EEOICPA, which 3.309(d)(3)(ii)(E) cross-references rather than restates. Cite it to publichealth.va.gov, not to the CFR.

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