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VA RIN: 2900-AK87 Publication ID: Fall 2001 
Title: ●Claims Based on Exposure to Ionizing Radiation 
Abstract: The Department of Veterans Affairs (VA) is amending its regulations governing the establishment of service connection for polycythemia vera due to radiation exposure in service. The amendment clarifies that although VA does not consider polycythemia vera to be a "radiogenic disease" under the regulations, a veteran is not precluded from claiming service connection for this condition on a direct-incurrence basis due to exposure to ionizing radiation in service. VA historically treated the list of radiogenic diseases in 38 CFR 3.311 as an exclusive list of generally denied service connection for any disease not on the list. However, the U.S. Court of Appeals for the Federal Circuit in Combee v. Brown, 34 F.3d 1039 (Fed. Cir. 1994), held that Public Law 98-542 did not authorize VA to establish entitlement to direct service connection under section 3.311. VA is showing polycythemia vera may be induced by exposure to ionizing radiation. VA will obtain dose estimates, forward the claim for review by the Under Secretary for Benefits, and request an advisory medical opinion from the Under Secretary for Health under the provisions of section 3.311. 
Agency: Department of Veterans Affairs(VA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 38 CFR 3.311(b)   
Legal Authority: PL 98-542   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action  12/00/2001    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Agency Contact:
Beth McCoy
Consultant, Regulations Staff, Compensation and Pension Service (211A)
Department of Veterans Affairs
Veterans Benefit Administration, 810 Vermont Avenue NW,
Washington, DC 20420
Phone:202 273-7211
Email: capbmcco@vba.va.gov