Code of Federal Regulations: Containing a Codification of Documents of ...

written medical documentation of medical condition at the time the claim is filed (although written medical documentation may subsequently be required). Instead, the claimant or eligible surviving beneficiary must submit with the claim an Authorization To Release Medical or Other Information, valid in the state of diagnosis, that authorizes the Radiation Exposure Compensation Unit to contact the appropriate state cancer or tumor registry. The Unit will accept as proof of medical condition verification from the state cancer or tumor registry that they possess medical records or abstracts of medical records of the claimant that contain a verified diagnosis of primary cancer of the lung. If the state does not possess medical records or abstracts of medical records that contain a verified diagnosis of primary cancer of the lung, the Unit will notify the claimant or eligible surviving beneficiary and afford that individual the opportunity to submit the written medical documentation required in paragraph (e) of this section, in accordance with the provisions of § 79.52(b).

(d) Verification by a federally-supported health-related study. If medical records regarding the claimant were gathered during the course of any federally-supported health-related study of uranium miners, the claimant or eligible surviving beneficiary need not submit any written medical documentation of medical condition at the time the claim is filed (although written medical documentation may subsequently be required). Instead, the claimant or eligible surviving beneficiary must submit with the claim an Authorization To Release Medical or Other Information, valid in the state of diagnosis, that authorizes the Unit to contact the custodian of the records of the study to determine if proof of the claimant's eligibility is contained in the records of the study. The Unit will accept as proof of medical condition copies of medical records or abstracts of medical records of the claimant that contain a verified diagnosis of primary cancer of the lung. If the custodian does not possess medical records or abstracts of medical records that contain a verified diagnosis of primary cancer of the lung, the Unit will notify the claimant

or eligible surviving beneficiary and afford that individual the opportunity to submit the written medical documentation required in paragraph (e) of this section, in accordance with the provisions of § 79.52(b).

(e) Proof that the claimant contracted primary lung cancer may be made by the submission of one or more of the following contemporaneous medical records, provided that the specified document contains an explicit statement of diagnosis or such other information or data from which the appropriate authorities at the National Cancer Institute can make a diagnosis to a reasonable degree of medical certainty.

(1) Pathology report of tissue biopsy, including, but not limited to specimens obtained by any of the following methods:

(i) Surgical resection;

(ii) Endoscopic endobronchial or transbronchial biopsy;

(iii) Bronchial brushings washings;

(iv) Pleural fluid cytology;
(v) Fine needle aspirate;
(vi) Pleural biopsy;
(vii) Sputum cytology;
(2) Autopsy report;

(3) Bronchoscopy report;

and

that the claimant developed a non-malignant respiratory disease. Proof that the claimant developed a non-malignant respiratory disease must be made either by using the procedure outlined in paragraphs (b) or (c) of this section, or submitting the documentation required in paragraph (d) of this section.

(b) Verification by PHS or NIOSH records. In all cases the Radiation Exposure Compensation Unit will follow the procedures set forth in §79.35(b) to establish the claimant's eligibility based on the development of a non-malignant respiratory disease.

(c) Verification by a federally-supported health-study. The Unit will follow the procedures set forth in section 79.35(d) to establish the claimant's eligibility based on the development of a non-malignant respiratory disease.

(d) Proof that the claimant contracted a non-malignant respiratory disease may be made by the submission of the following contemporaneous medical records, provided that the specified document contains an explicit statement of diagnosis or such other information or data from which the appropriate authorities designated by the Surgeon General or NIOSH can make a diagnosis to a reasonable degree of medical certainty. For purposes of this section, a statement of diagnosis in any of the Indian Health Service records listed below of "restrictive lung disease" will be considered equivalent to a diagnosis of pulmonary fibrosis.

(1) Pulmonary fibrosis or fibrosis of the lung.

(i) If the claimant is deceased, one or more of the following medical records: (A) Pathology report of tissue biopsy; (B) Autopsy report;

(C) If x-rays exist, the x-rays and interpretive reports of the x-ray(s) by two certified "B" readers classifying the existence of fibrosis of Category 1/ 0 or higher according to the ILO 1980, or subsequent revisions;

(D) If no x-rays exist, an x-ray report; (E) Physician summary report; (F) Hospital discharge summary report;

(G) Hospital admitting report;

(H) Death certificate, provided that it is signed by a physician at the time of death.

(ii) If the claimant is alive, the following:

(A) Chest x-rays. A chest x-ray administered in accordance with standard techniques on full size film at quality 1 or 2, and interpretative reports of the x-ray by two certified "B" readers classifying the existence of fibrosis of category 1/0 or higher according to the ILO 1989, or subsequent revisions; and either:

(B) Pulmonary function tests. Pulmonary function tests consisting of three tracings recording the results of the forced expiratory volume in one second (FEV1) and the forced vital capacity (FVC) administered and reported in accordance with the Standardization of Spirometry-1987 Update by the American Thoracic Society, and reflecting values for FEV1 or FVC that are equal to or less than 75% of the predicted value for an individual of the claimant's age, sex, and height, as set forth in the Tables in appendix A of this part; or

(C) Arterial blood-gas studies. A bloodgas study administered at rest in a sitting position, or an exercise blood-gas test, and reflecting values equal to or less than the values set forth in the Tables in appendix B of this part.

(2) Cor pulmonale. Proof of pulmonary fibrosis as prescribed in paragraph (d)(1) of this section and one or more of the following medical records:

(i) Right heart catheterization; (ii) Cardiology summary or consultation report;

(iii) Electrocardiogram;

(iv) Echocardiogram;

(v) Physician summary report; (vi) Hospital discharge report; (vii) Autopsy report;

(viii) Report of physical examination; (ix) Death certificate, provided that it is signed by a physician at the time of death.

(3) Moderate ΟΥ severe silicosis OT pneumoconiosis. To establish eligibility for compensation for silicosis or pneumoconiosis, a claimant or eligible surviving beneficiary must:

(i) Submit the same documentation as is prescribed in paragraph (d)(1) of this section for proof of pulmonary fibrosis; and

(ii) Submit proof of employment in a uranium mine on an Indian Reservation in accordance with the provisions of §79.33. A claimant or eligible surviving beneficiary must establish that the claimant was employed in a uranium mine on an Indian reservation for a sufficient period of time to meet the exposure criteria set forth in §79.32(c). $79.37 Proof of smoking, nonsmoking, and age.

(a) The claimant or eligible surviving beneficiary must submit all medical records listed below from any hospital or medical facility that were created within the period six (6) months before and six (6) months after the date of diagnosis of lung cancer or the nonmalignant respiratory disease:

(1) All history and physical examination reports;

(2) All operative reports; (3) All pathology reports;

(4) All physician or hospital discharge summaries.

(b) If the medical records listed in paragraph (a) of this section or the information possessed by the PHS, NIOSH, state authorities, or the custodian of a federally-supported health-related study contains information indicating that the claimant was a smoker, the Radiation Exposure Compensation Unit will notify the claimant or eligible surviving beneficiary and afford that individual the opportunity to submit other written medical documentation or contemporaneous records to establish that the claimant was not a smoker in accordance with the provisions of §79.52(b).

Subpart E-Eligibility Criteria for Claims by Onsite Participants $79.40 Scope of subpart.

The regulations in this subpart describe the criteria for eligibility for compensation under section 4(a)(2)(C) of the Act, and define the type and extent of evidence that will be accepted as proof of the prescribed criteria. Section 4(a)(2)(C) of the Act provides for a payment of $75,000 to individuals who participated onsite in the atmospheric detonation of a nuclear device, and later developed a specified compensable disease.

$79.41 Definitions.

(a) The definitions listed in §§ 79.11(e) and (f), 79.21(b) through (g) apply to this subpart.

(b) First exposure or initial exposure means the date on which the claimant first participated onsite in an atmospheric nuclear test.

(1) The Nevada Test Site, Nevada; (2) The Pacific Test Sites (Bikini Atoll, Enewetak Atoll, Johnston Island, Christmas Island, the test site for the shot during Operation Wigwam, the test site for Shot Yucca during Operation Hardtack I, and the test sites for Shot Frigate Bird and Shot Swordfish during Operation Dominic I) and the official zone around each site from which non-test affiliated ships were excluded for security and safety purposes;

(3) The Trinity Test Site, New Mex

ico;

(4) The South Atlantic Test Site for Operation Argus and the official zone around the site from which non-test affiliated ships were excluded for security and safety purposes;

(5) Any designated location within a Naval Shipyard, Air Force Base, or other official government installation where ships, aircraft or other equipment used in an atmospheric nuclear detonation were decontaminated; or

(6) Any designated location used for the purpose of monitoring fallout from an atmospheric nuclear test conducted at the Nevada Test Site. (d) Participant means

(1) An individual who was:

(i) A member of the armed forces;

(ii) A civilian employee or contractor employee of the Manhattan Engineer District, the Armed Forces Special Weapons Project, the Defense Atomic Support Agency, the Defense Nuclear Agency, the Department of Defense or its components or agencies or predecessor components or agencies;

(iii) An employee or contractor employee of the Atomic Energy Commission, the Energy Research and Development Administration or Department of Energy;

(iv) A member of the Federal Civil Defense Administration or the Office of Civil and Defense Mobilization; or

(v) A member of the U.S. Public Health Service; and

(2) Who:

(i) Performed duties within the identified operational area around each atmospheric nuclear test;

(ii) Participated in the decontamination of any ships, planes, or equipment used during the atmospheric nuclear test;

(iii) Performed duties as a cloud tracker or cloud sampler;

(iv) Served as a member of the garrison or maintenance forces on the atoll of Enewetak during June 21, 1951 through July 1, 1952; August 7, 1956 through August 7, 1957; or November 1, 1958 through April 30, 1959; or

(v) Performed duties as a member of a mobile radiological safety team monitoring the pattern of fallout from an atmospheric nuclear test.

(e) Atmospheric detonation of a nuclear device means only those tests conducted by the United States prior to January 1, 1963, as listed in paragraph (f) of this section.

(f) Period of atmospheric nuclear testing means the periods listed in this paragraph that are associated with each test operation, plus an additional six (6) month period thereafter:

(1) For Operation Trinity, the period July 16, 1945 through August 6, 1945:

Event name

04/01/52 NTS.

04/15/52 NTS.

04/22/52 NTS.

05/01/52 NTS.

05/07/52 NTS.

05/25/52 NTS.

06/01/52 NTS.

Trinity

(2) For Operation Crossroads, the period June 28, 1946 through August 31, 1946, for all activities other than the decontamination of ships involved in Operation Crossroads; the period of atmospheric nuclear testing for the decontamination of ships involved in Operation Crossroads shall run from June 28, 1946 through November 30, 1948:

Fox George

03/31/53 NTS.

Dixie

04/06/53 NTS.

Ray

04/11/53 NTS.

Simon

04/25/53 NTS.

(12) For Operation Wigwam, the period May 14, 1955 through May 15, 1955: Wigwam 05/14/55 Pacific.

(13) For Operation Redwing, the period May 2, 1956 through August 6, 1956, for all activities other than service as a member of the garrison or maintenance forces on the atoll of Enewetak from August 7, 1956, through August 7, 1957; the period of atmospheric nuclear testing for service as a member of the garrison or maintenance forces on the atoll of Enewetak shall run from May 2, 1956, through August 7, 1957:

10/07/57 NTS.

(15) For Operation Hardtack I, the period April 26, 1958 through October 31, 1958, for all activities other than service as a member of the garrison or maintenance forces on the atoll of Enewetak from November 1, 1958, through April 30, 1959; the period of atmospheric nuclear testing for service as a member of the garrison of maintenance forces on the atoll of Enewetak shall run from April 26, 1958, through April 30, 1959: