Leukemia (Radiation — All Types Except CLL): VA Presumptive Condition (Ionizing Radiation)
VeteranHQ lists Leukemia (Radiation — All Types Except CLL) as a presumptive condition in the Ionizing Radiation group. The exposure it is tied to is: Ionizing radiation — gamma radiation, neutron radiation, alpha/beta particle exposure. The presumption is effective September 26, 1994. It is governed by 38 CFR § 3.309(d); 38 USC § 1112(c); Radiation-Exposed Veterans Compensation Act of 1988 (Public Law 100-321).
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: Leukemia (Radiation — All Types Except CLL)
- Service era
- WWII era through 1990s (varies by specific radiation-risk activity)
- Service location
- Hiroshima/Nagasaki occupation (before July 1, 1946); atmospheric nuclear weapons test sites; Enewetak Atoll (1977–1980 cleanup); Palomares, Spain (1966); Thule AFB, Greenland (1968)
- Exposure
- Ionizing radiation — gamma radiation, neutron radiation, alpha/beta particle exposure
- Effective date
- September 26, 1994
- Filing deadline
- No statutory deadline; survivors should file DIC claims
Service required for this presumption
Participation in a "radiation-risk activity" as defined in 38 CFR § 3.309(d)(3). Includes: onsite participation in atmospheric nuclear weapons tests; occupation duty at Hiroshima or Nagasaki (Japan) before July 1, 1946; POW in Japan during WWII with service near Hiroshima/Nagasaki; service at Enewetak Atoll during cleanup operations (1977–1980); service at Palomares, Spain (January 17–March 31, 1966); service at Thule AFB, Greenland (January 21–September 25, 1968).
About this presumption
All forms of leukemia (acute myelogenous, acute lymphocytic, chronic myelogenous, hairy cell leukemia, and others) EXCEPT chronic lymphocytic leukemia (CLL) are presumptively service-connected for veterans with qualifying radiation-risk activity participation. Ionizing radiation is one of the most well-established human leukemogens, acting through DNA double-strand breaks and chromosomal translocations in hematopoietic stem cells. The dose-response relationship is well characterized from atomic bomb survivor data (Life Span Study, Japan). CLL is excluded from radiation presumptives but may be claimed under Agent Orange if applicable.
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.
DD-214 documenting presence at atomic weapons test site or other radiation-risk activity; DTRA (Defense Threat Reduction Agency) dose records if available; bone marrow biopsy; peripheral blood flow cytometry; cytogenetics; hematologist records. Note: dose records are helpful but not required if service location is confirmed.
Controlling legal authority
38 CFR § 3.309(d); 38 USC § 1112(c); Radiation-Exposed Veterans Compensation Act of 1988 (Public Law 100-321)
Related on VeteranHQ
Questions About Leukemia (Radiation — All Types Except CLL) and Presumptive Service Connection
Is Leukemia (Radiation — All Types Except CLL) a VA presumptive condition?
Yes. VeteranHQ lists Leukemia (Radiation — All Types Except CLL) as presumptive in the Ionizing Radiation group, effective September 26, 1994, under 38 CFR § 3.309(d); 38 USC § 1112(c); Radiation-Exposed Veterans Compensation Act of 1988 (Public Law 100-321). 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 Leukemia (Radiation — All Types Except CLL) presumption?
Participation in a "radiation-risk activity" as defined in 38 CFR § 3.309(d)(3). Includes: onsite participation in atmospheric nuclear weapons tests; occupation duty at Hiroshima or Nagasaki (Japan) before July 1, 1946; POW in Japan during WWII with service near Hiroshima/Nagasaki; service at Enewetak Atoll during cleanup operations (1977–1980); service at Palomares, Spain (January 17–March 31, 1966); service at Thule AFB, Greenland (January 21–September 25, 1968). Service era: WWII era through 1990s (varies by specific radiation-risk activity). Service location: Hiroshima/Nagasaki occupation (before July 1, 1946); atmospheric nuclear weapons test sites; Enewetak Atoll (1977–1980 cleanup); Palomares, Spain (1966); Thule AFB, Greenland (1968).
What evidence is still needed for a Leukemia (Radiation — All Types Except CLL) claim?
DD-214 documenting presence at atomic weapons test site or other radiation-risk activity; DTRA (Defense Threat Reduction Agency) dose records if available; bone marrow biopsy; peripheral blood flow cytometry; cytogenetics; hematologist records. Note: dose records are helpful but not required if service location is confirmed. 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 Leukemia (Radiation — All Types Except CLL)?
No statutory deadline; survivors should file DIC claims
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.