---
kind: "section"
citation: "20 C.F.R. § 718.202"
title: "20"
number: "718.202"
heading: "Determining the existence of pneumoconiosis."
url: "https://uscodex.org/cfr/20/718.202"
---

# §718.202. Determining the existence of pneumoconiosis.

- (a) A finding of the existence of pneumoconiosis may be made as follows in [paragraphs (a)(1) through (4)](#a-1..a-4) of this section:
  - (1) A chest X-ray conducted and classified in accordance with [§ 718.102](/cfr/20/718.102.md) may form the basis for a finding of the existence of pneumoconiosis. Except as otherwise provided in this section, where two or more X-ray reports are in conflict, in evaluating such X-ray reports consideration must be given to the radiological qualifications of the physicians interpreting such X-rays (see [§ 718.102(d)](/cfr/20/718.102.md?p=d)).
  - (2) A biopsy or autopsy conducted and reported in compliance with [§ 718.106](/cfr/20/718.106.md) may be the basis for a finding of the existence of pneumoconiosis. A finding in an autopsy or biopsy of anthracotic pigmentation, however, must not be considered sufficient, by itself, to establish the existence of pneumoconiosis. A report of autopsy must be accepted unless there is evidence that the report is not accurate or that the claim has been fraudulently represented.
  - (3) If the presumptions described in [§ 718.304](/cfr/20/718.304.md) or [§ 718.305](/cfr/20/718.305.md) are applicable, it must be presumed that the miner is or was suffering from pneumoconiosis.
  - (4) A determination of the existence of pneumoconiosis may also be made if a physician, exercising sound medical judgment, notwithstanding a negative X-ray, finds that the miner suffers or suffered from pneumoconiosis as defined in [§ 718.201](/cfr/20/718.201.md). Any such finding must be based on objective medical evidence such as blood-gas studies, electrocardiograms, pulmonary function studies, physical performance tests, physical examination, and medical and work histories. Such a finding must be supported by a reasoned medical opinion.
- (b) A claim for benefits must not be denied solely on the basis of a negative chest X-ray.
- (c) A determination of the existence of pneumoconiosis must not be made—
  - (1) Solely on the basis of a living miner's statements or testimony; or
  - (2) In a claim involving a deceased miner, solely on the basis of the affidavit(s) (or equivalent testimony) of the claimant and/or his or her dependents who would be eligible for augmentation of the claimant's benefits if the claim were approved.

## Notes

### Amendments

[79 FR 21612, Apr. 17, 2014]

### Source

Source: 65 FR 80045, Dec. 20, 2000, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 et seq., 902(f), 934, 936; 33 U.S.C. 901 et seq.; 42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834.

### Source

Source: 45 FR 13678, Feb. 29, 1980, unless otherwise noted.

### Amendments

[79 FR 21612, Apr. 17, 2014]