Breast Cancer (Radiation): VA Presumptive Condition (Ionizing Radiation)
VeteranHQ lists Breast Cancer (Radiation) as a presumptive condition in the Ionizing Radiation group. The exposure it is tied to is: Ionizing radiation — whole-body and chest wall radiation. The presumption is effective September 26, 1994. It is governed by 38 CFR § 3.309(d); 38 USC § 1112(c).
A presumption removes one requirement and one only: the veteran does not have to prove a medical link between the condition and service. Everything else still applies. There must be a current diagnosis, the service has to meet the requirements below, and VA decides the claim on the evidence in the record.
What qualifies: Breast Cancer (Radiation)
- Service era
- WWII era through 1990s
- Service location
- Hiroshima/Nagasaki, atmospheric nuclear test sites, Enewetak Atoll
- Exposure
- Ionizing radiation — whole-body and chest wall radiation
- Effective date
- September 26, 1994
- Filing deadline
- No statutory deadline
- Diagnostic code
- 7626
Service required for this presumption
Participation in a radiation-risk activity as defined in 38 CFR § 3.309(d)(3). Applicable to both male and female veterans (male breast cancer is rare but occurs).
About this presumption
Breast cancer is presumptively service-connected for veterans with qualifying ionizing radiation exposure. The female breast is among the most radiosensitive tissues, and the atomic bomb survivor data from Japan provides the strongest epidemiological evidence for radiation-induced breast cancer. The excess relative risk is highest for exposure during adolescence and early adulthood, and tumors typically appear 10–30 years post-exposure. Covers all histological types including invasive ductal carcinoma, invasive lobular carcinoma, DCIS, and inflammatory breast cancer.
Evidence still needed
A presumption does not remove the evidence requirement. VA still needs a current diagnosis from a medical provider and service records that show the qualifying service above. What it removes is the medical opinion connecting the two.
Service records with radiation-risk activity documented; mammography and/or breast MRI; core needle biopsy or surgical excision pathology; hormone receptor status (ER, PR, HER2); oncology treatment records; genetic testing results (BRCA1/2) if performed.
Controlling legal authority
38 CFR § 3.309(d); 38 USC § 1112(c)
Related on VeteranHQ
- Breast, surgery of: 38 CFR Part 4 rating criteriaThe percentage tiers VA applies once service connection is established, under DC 7626.
- VA presumptive conditions, explainedHow presumptive service connection works, and what it does not cover.
- All presumptive conditions by exposureAgent Orange, PACT Act, Camp Lejeune, Gulf War, and ionizing radiation.
Questions About Breast Cancer (Radiation) and Presumptive Service Connection
Is Breast Cancer (Radiation) a VA presumptive condition?
Yes. VeteranHQ lists Breast Cancer (Radiation) as presumptive in the Ionizing Radiation group, effective September 26, 1994, under 38 CFR § 3.309(d); 38 USC § 1112(c). A presumption removes the requirement to prove a medical link to service. A current diagnosis and qualifying service are still required, and VA decides the claim.
What service qualifies for the Breast Cancer (Radiation) presumption?
Participation in a radiation-risk activity as defined in 38 CFR § 3.309(d)(3). Applicable to both male and female veterans (male breast cancer is rare but occurs). Service era: WWII era through 1990s. Service location: Hiroshima/Nagasaki, atmospheric nuclear test sites, Enewetak Atoll.
What evidence is still needed for a Breast Cancer (Radiation) claim?
Service records with radiation-risk activity documented; mammography and/or breast MRI; core needle biopsy or surgical excision pathology; hormone receptor status (ER, PR, HER2); oncology treatment records; genetic testing results (BRCA1/2) if performed. A presumption removes the requirement to prove a medical link to service. A current diagnosis and qualifying service are still required, and VA decides the claim.
Is there a filing deadline for Breast Cancer (Radiation)?
No statutory deadline
VeteranHQ publishes VA rules and the citations behind them. It does not prepare, file, or represent claims, and nothing here is legal advice or a prediction of what VA will decide.