Lung Cancer (Radiation): VA Presumptive Condition (Ionizing Radiation)
VeteranHQ lists Lung Cancer (Radiation) as a presumptive condition in the Ionizing Radiation group. The exposure it is tied to is: Ionizing radiation — radon progeny inhalation, whole-body gamma 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: Lung Cancer (Radiation)
- Service era
- WWII era through 1990s
- Service location
- Hiroshima/Nagasaki, atmospheric nuclear test sites, Enewetak Atoll, underground uranium mining
- Exposure
- Ionizing radiation — radon progeny inhalation, whole-body gamma radiation
- Effective date
- September 26, 1994
- Filing deadline
- No statutory deadline
- Diagnostic code
- 6819
Service required for this presumption
Participation in a radiation-risk activity. Also covers uranium miners exposed to radon daughter products.
About this presumption
Lung cancer is a radiation-risk cancer that is presumptively service-connected for veterans with qualifying ionizing radiation exposure. Alpha particle radiation from radon progeny in underground mines is a well-established cause of lung cancer. External gamma radiation from atomic bombs and weapons tests also contributes to lung cancer risk. As with Agent Orange lung cancer presumptives, the veteran's smoking history does NOT disqualify the radiation presumptive — both risk factors may have been causally operative.
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 confirming radiation-risk activity; chest CT; pathology confirming primary lung malignancy; pulmonologist/oncologist records.
Controlling legal authority
38 CFR § 3.309(d); 38 USC § 1112(c)
Related on VeteranHQ
- Neoplasms, malignant, any specified part of respiratory system exclusive of skin growths: 38 CFR Part 4 rating criteriaThe percentage tiers VA applies once service connection is established, under DC 6819.
- 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 Lung Cancer (Radiation) and Presumptive Service Connection
Is Lung Cancer (Radiation) a VA presumptive condition?
Yes. VeteranHQ lists Lung 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 Lung Cancer (Radiation) presumption?
Participation in a radiation-risk activity. Also covers uranium miners exposed to radon daughter products. Service era: WWII era through 1990s. Service location: Hiroshima/Nagasaki, atmospheric nuclear test sites, Enewetak Atoll, underground uranium mining.
What evidence is still needed for a Lung Cancer (Radiation) claim?
Service records confirming radiation-risk activity; chest CT; pathology confirming primary lung malignancy; pulmonologist/oncologist records. 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 Lung 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.