§ 79.22. Criteria for eligibility for claims relating to certain specified diseases contracted after exposure in an affected area ("downwinders").
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/us/cfr/t28/s§ 79.22·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.