Claims based on exposure to fine particulate matter.
Apr 26, 2022Added
- (a) Service connection based on presumed exposure to fine particulate matter—(1) General.
- Except as provided in paragraph (b) of this section, a disease listed in paragraphs (a)(2) and (a)(3) of this section shall be service connected even though there is no evidence of such disease during the period of military service.
- (2) Chronic diseases associated with exposure to fine particulate matter.
- The following chronic diseases will be service connected if manifested to any degree (including non-compensable) within 10 years from the date of separation from a qualifying period of military service as defined in paragraph (a)(5) of this section.
- (3) Rare cancers associated with exposure to fine particulate matter.
- The following rare cancers will be service connected if manifested to any degree (including non-compensable) at any time following separation from a qualifying period of military service as defined in paragraph (a)(5) of this section.
- (i) Squamous cell carcinoma of the larynx.
- (ii) Squamous cell carcinoma of the trachea.
and 15 more added passages
Removed
- (a) Service connection based on presumed exposure to particulate matter - (1) General.
- Except as provided in paragraph (b) of this section, a disease listed in paragraph (a)(2) of this section shall be service connected even though there is no evidence of such disease during the period of service if it becomes manifest to any degree (including non-compensable) within 10 years from the date of separation from military service that includes a qualifying period of service as defined i…
- (2) Chronic diseases associated with exposure to particulate matter.
- The chronic diseases referred to in paragraph (a)(1) of this section are the following:
- (3) Presumption of exposure.
- A veteran who has a qualifying period of service as defined in paragraph (a)(4) of this section shall be presumed to have been exposed to fine, particulate matter during such service, unless there is affirmative evidence to establish that the veteran was not exposed to fine, particulate matter during that service.
- (4) Qualifying period of service.
- A disease listed in paragraph (a)(1) of this section shall not be presumed service connected if there is affirmative evidence that:
and 14 more removed passages