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

28 C.F.R. § 79.22

in effectEffective: 2024-07-01

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.

Source: eCFRURL: https://www.ecfr.gov/api/versioner/v1/full/2024-07-01/title-28.xmlFetched: 7/26/2026