Section 718.205 - Death due to pneumoconiosis(a) Benefits are provided to eligible survivors of a miner whose death was due to pneumoconiosis. In order to receive benefits based on a showing of death due to pneumoconiosis, a claimant must prove that: (1) The miner had pneumoconiosis (see§ 718.202 );(2) The miner's pneumoconiosis arose out of coal mine employment (see§ 718.203 ); and(3) The miner's death was due to pneumoconiosis as provided by this section.(b) Death will be considered to be due to pneumoconiosis if any of the following criteria is met: (1) Where competent medical evidence establishes that pneumoconiosis was the cause of the miner's death, or(2) Where pneumoconiosis was a substantially contributing cause or factor leading to the miner's death or where the death was caused by complications of pneumoconiosis, or(3) Where the presumption set forth at § 718.304 is applicable, or(4) For survivors' claims filed after January 1, 2005, and pending on or after March 23, 2010, where the presumption at § 718.305 is invoked and not rebutted.(5) However, except where the § 718.304 presumption is invoked, survivors are not eligible for benefits where the miner's death was caused by a traumatic injury (including suicide) or the principal cause of death was a medical condition not related to pneumoconiosis, unless the claimant establishes (by proof or presumption) that pneumoconiosis was a substantially contributing cause of death.(6) Pneumoconiosis is a "substantially contributing cause" of a miner's death if it hastens the miner's death. 78 FR 59114 , Sept. 25, 2013