---
kind: "section"
citation: "20 C.F.R. § 30.210"
title: "20"
number: "30.210"
heading: "What are the criteria for eligibility for benefits relating to radiogenic cancer?"
url: "https://uscodex.org/cfr/20/30.210"
---

# §30.210. What are the criteria for eligibility for benefits relating to radiogenic cancer?

- (a) To establish eligibility for benefits for radiogenic cancer under Part B of EEOICPA, an employee or his or her survivor must show that:
  - (1) The employee has been diagnosed with one of the forms of cancer specified in [§ 30.5(gg)](/cfr/20/30.5.md?p=gg); and
    - (i) Is a member of the Special Exposure Cohort (as described in [§ 30.214(a)](/cfr/20/30.214.md?p=a) of this subpart) who, as a civilian DOE employee or civilian DOE contractor employee, contracted the specified cancer after beginning employment at a DOE facility; or
    - (ii) Is a member of the Special Exposure Cohort (as described in [§ 30.214(a)](/cfr/20/30.214.md?p=a) of this subpart) who, as a civilian atomic weapons employee, contracted the specified cancer after beginning employment at an atomic weapons employer facility (as defined in [§ 30.5(e)](/cfr/20/30.5.md?p=e)); or
  - (2) The employee has been diagnosed with cancer; and
    - (i)
      - (A) Is/was a civilian DOE employee who contracted that cancer after beginning employment at a DOE facility; or
      - (B) Is/was a civilian DOE contractor employee who contracted that cancer after beginning employment at a DOE facility; or
      - (C) Is/was a civilian atomic weapons employee who contracted that cancer after beginning employment at an atomic weapons employer facility; and
    - (ii) The cancer was at least as likely as not related to the employment at the DOE facility or atomic weapons employer facility; or
  - (3) The employee has been diagnosed with an injury, illness, impairment or disease that arose as a consequence of the accepted cancer.
- (b)
  - (1) To establish eligibility for benefits for radiogenic cancer under Part E of EEOICPA, an employee or his or her survivor must show that:
    - (i) The employee has been diagnosed with cancer; and
      - (A) Is/was a civilian DOE contractor employee or a civilian RECA [section 5](/cfr/20/5.md) uranium worker who contracted that cancer after beginning employment at a DOE facility or a RECA [section 5](/cfr/20/5.md) facility; and
      - (B) The cancer was at least as likely as not related to exposure to a toxic substance of a radioactive nature at a DOE facility or a RECA [section 5](/cfr/20/5.md) facility; and
      - (C) It is at least as likely as not that the exposure to such toxic substance(s) was related to employment at a DOE facility or a RECA [section 5](/cfr/20/5.md) facility; or
    - (ii) The employee has been diagnosed with an injury, illness, impairment or disease that arose as a consequence of the accepted cancer.
  - (2) Eligibility for benefits for radiogenic cancer under Part E in a claim that has previously been accepted under Part B pursuant to the Special Exposure Cohort provisions is described in [§ 30.230(a)](/cfr/20/30.230.md?p=a) of these regulations.

## Notes

### Amendments

[71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3049, Feb. 8, 2019; 86 FR 46778, Aug. 20, 2021]

### Authority

Authority: 5 U.S.C. 301; 31 U.S.C. 3716 and 3717; 42 U.S.C. 7384d, 7384t, 7384u and 7385s-10; Executive Order 13179, 65 FR 77487, 3 CFR, 2000 Comp., p. 321; Secretary of Labor's Order No. 10-2009, 74 FR 58834.

### Source

Source: 71 FR 78534, Dec. 29, 2006, unless otherwise noted.

### Amendments

[71 FR 78534, Dec. 29, 2006, as amended at 84 FR 3049, Feb. 8, 2019; 86 FR 46778, Aug. 20, 2021]