PRESUMPTION OF SERVICE CONNECTION FOR RADIATION RELATED DISABILITIES

WHEREAS, Congress enacted Public Law 98-542 the Veterans Dioxin and Radiation Exposure Compensation Standards Act out of concern that deserving veterans were not receiving compensation for disabilities related to dioxin and radiation exposure; and

WHEREAS, VA issued regulations now listed under Title 38 Code of Federal Regulations section 3.311 that include special procedures for determining service connection for diseases recognized as radiogenic; and

WHEREAS, out of thousands of claims considered under these procedures, only a negligible number have been allowed; and

WHEREAS, despite scientific recognition that the diseases, identified in 38 C.F.R. § 3.311, may be induced by ionizing radiation, VA almost invariably denies veterans' claims for service connection of such diseases because of a need to recreate the actual radiation exposure; and

WHEREAS, legislation is therefore needed to create a statutory presumption of service connection for these radiogenic diseases; now, therefore

BE IT RESOLVED, by the Veterans of Foreign Wars of the United States, that we urge Congress to enact legislation which provides for a statutory presumption of service connection of the radiation-related disabilities to include lung cancer, bone cancer, skin cancer, colon cancer, posterior subcapsular cataracts, nonmalignant thyroid nodular disease, ovarian cancer, parathyroid adenoma, tumors of the brain and central nervous system, and rectal cancer.