---
kind: "section"
citation: "28 C.F.R. § 79.22"
title: "28"
number: "79.22"
heading: "Criteria for eligibility for claims relating to certain specified diseases contracted after exposure in an affected area (“downwinders”)."
url: "https://uscodex.org/cfr/28/79.22"
---

# §79.22. Criteria for eligibility for claims relating to certain specified diseases contracted after exposure in an affected area (“downwinders”).


To establish eligibility for compensation under this subpart, a claimant or eligible surviving beneficiary must establish each of the following:

- (a)
  - (1) 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
  - (2) 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
- (b) That after such period of physical presence the claimant contracted one of the following specified compensable diseases:
  - (1) **Leukemia (other than chronic lymphocytic leukemia), provided that—**
    - (i) The claimant's initial exposure occurred after the age of 20; and
    - (ii) The onset of the disease occurred at least two years after first exposure;
  - (2) Multiple myeloma, provided onset occurred at least five years after first exposure;
  - (3) Lymphomas, other than Hodgkin's disease, provided onset occurred at least five years after first exposure;
  - (4) Primary cancer of the thyroid, provided onset occurred at least five years after first exposure;
  - (5) Primary cancer of the male or female breast, provided onset occurred at least five years after first exposure;
  - (6) Primary cancer of the esophagus, provided onset occurred at least five years after first exposure;
  - (7) Primary cancer of the stomach, provided onset occurred at least five years after first exposure;
  - (8) Primary cancer of the pharynx, provided onset occurred at least five years after first exposure;
  - (9) Primary cancer of the small intestine, provided onset occurred at least five years after first exposure;
  - (10) Primary cancer of the pancreas, provided onset occurred at least five years after first exposure;
  - (11) Primary cancer of the bile ducts, provided onset occurred at least five years after first exposure;
  - (12) Primary cancer of the gallbladder, provided onset occurred at least five years after first exposure;
  - (13) Primary cancer of the salivary gland, provided onset occurred at least five years after first exposure;
  - (14) Primary cancer of the urinary bladder, provided onset occurred at least five years after first exposure;
  - (15) Primary cancer of the brain, provided onset occurred at least five years after first exposure;
  - (16) Primary cancer of the colon, provided onset occurred at least five years after first exposure;
  - (17) Primary cancer of the ovary, provided onset occurred at least five years after first exposure;
  - (18) Primary cancer of the liver, provided,
    - (i) Onset occurred at least five years after first exposure;
    - (ii) There is no indication of the presence of hepatitis B; and
    - (iii) There is no indication of the presence of cirrhosis; or
  - (19) **Primary cancer of the lung, provided onset occurred at least five years after first exposure.**

## Notes

### 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.