Current through November 30, 2024
Section 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.