---
kind: "section"
citation: "38 C.F.R. § 3.715"
title: "38"
number: "3.715"
heading: "Radiation Exposure Compensation Act of 1990, as amended."
url: "https://uscodex.org/cfr/38/3.715"
---

# §3.715. Radiation Exposure Compensation Act of 1990, as amended.

- (a) **Compensation.**
  - (1) A radiation-exposed veteran, as defined in [38 CFR 3.309(d)(3)](/cfr/38/3.309.md?p=d-3), who receives a payment under the Radiation Exposure Compensation Act of 1990, as amended ([42 U.S.C. 2210](/usc/42/2210.md) note) (RECA), will not be denied compensation to which the veteran is entitled under [38 CFR 3.309(d)](/cfr/38/3.309.md?p=d) for months beginning after March 26, 2002.
  - (2) A veteran who is not a “radiation-exposed veteran,” as defined in [38 CFR 3.309(d)(3)](/cfr/38/3.309.md?p=d-3), is not entitled to VA compensation for disability caused by a disease that is attributable to exposure to radiation for which the veteran has received a payment under RECA.
- (b) **Dependency and indemnity compensation.** A person who receives a payment under RECA based upon a veteran's death will not be denied dependency and indemnity compensation to which the person is entitled under 38 CFR [3.5](/cfr/38/3.5.md) and [3.22](/cfr/38/3.22.md) for months beginning after March 26, 2002.
- (c) **Offset of RECA payment against VA benefits.** Notwithstanding paragraph [(a)](#a) or [(b)](#b) of this section, the amount of a RECA payment will be deducted from the amount of compensation payable pursuant to [§ 3.309(d)](/cfr/38/3.309.md?p=d) or the amount of dependency and indemnity compensation payable.

## Notes

### Amendments

[71 FR 44919, Aug. 8, 2006]

### Authority

Authority: 38 U.S.C. 501(a), unless otherwise noted.

### Amendments

[71 FR 44919, Aug. 8, 2006]