§79.22. Criteria for eligibility for claims relating to certain specified diseases contracted after exposure in an affected area (“downwinders”).
28 C.F.R. § 79.22
To establish eligibility for compensation under this subpart, a claimant or eligible surviving beneficiary must establish each of the following:
That the claimant was physically present at any place within the affected area for a period of at least two years (24 consecutive or cumulative months) during the period beginning on January 21, 1951, and ending on October 31, 1958; or
That the claimant was physically present at any place within the affected area for the entire, continuous period beginning on June 30, 1962, and ending on July 31, 1962; and
That after such period of physical presence the claimant contracted one of the following specified compensable diseases:
Leukemia (other than chronic lymphocytic leukemia), provided that—
The claimant's initial exposure occurred after the age of 20; and
The onset of the disease occurred at least two years after first exposure;
Multiple myeloma, provided onset occurred at least five years after first exposure;
Lymphomas, other than Hodgkin's disease, provided onset occurred at least five years after first exposure;
Primary cancer of the thyroid, provided onset occurred at least five years after first exposure;
Primary cancer of the male or female breast, provided onset occurred at least five years after first exposure;
Primary cancer of the esophagus, provided onset occurred at least five years after first exposure;
Primary cancer of the stomach, provided onset occurred at least five years after first exposure;
Primary cancer of the pharynx, provided onset occurred at least five years after first exposure;
Primary cancer of the small intestine, provided onset occurred at least five years after first exposure;
Primary cancer of the pancreas, provided onset occurred at least five years after first exposure;
Primary cancer of the bile ducts, provided onset occurred at least five years after first exposure;
Primary cancer of the gallbladder, provided onset occurred at least five years after first exposure;
Primary cancer of the salivary gland, provided onset occurred at least five years after first exposure;
Primary cancer of the urinary bladder, provided onset occurred at least five years after first exposure;
Primary cancer of the brain, provided onset occurred at least five years after first exposure;
Primary cancer of the colon, provided onset occurred at least five years after first exposure;
Primary cancer of the ovary, provided onset occurred at least five years after first exposure;
Primary cancer of the liver, provided,
Onset occurred at least five years after first exposure;
There is no indication of the presence of hepatitis B; and
There is no indication of the presence of cirrhosis; or
Primary cancer of the lung, provided onset occurred at least five years after first exposure.
Notes, amendments, and revision history
Authority
Authority: Secs. 6(a), 6(i) and 6(j), Pub. L. 101-426, 104 Stat. 920, as amended by secs. 3(c)-(h), Pub. L. 106-245, 114 Stat. 501 and sec. 11007, Pub. L. 107-273, 116 Stat. 1758 (42 U.S.C. 2210 note; 5 U.S.C. 500(b)).
Source
Source: Order No. 2711-2004, 69 FR 13634, Mar. 23, 2004, unless otherwise noted.