(a) In determining whether a claimant developed chronic renal disease following pertinent employment as an ore transporter, the Assistant Director shall resolve all reasonable doubt in favor of the claimant. A conclusion that a claimant developed chronic renal disease must be supported by medical documentation.
(b) A claimant or beneficiary may submit any of the following forms of medical documentation in support of a claim that the claimant contracted chronic renal disease.
(1) Pathology report of tissue biopsy;
(2) If laboratory or radiographic tests exist:
(i) Abnormal plasma creatinine values;
(ii) Abnormal glomerular filtration rate (by either measured creatinine or iothalamate clearance or calculated by MDRD equation); and
(iii) Renal tubular dysfunction as evidenced by:
(A) Glycosuria in the absence of diabetes mellitus;
(B) Proteinuria less than one gram daily without other known etiology; or
(C) Hyperphosphaturia, aminoaciduria, B-2 microglobinuria or alkaline phosphaturia or other marker of proximal tubular injury; or
(iv) Radiographic evidence of chronic renal disease;
(3) Autopsy report;
(4) Physician summary report;
(5) Hospital discharge summary report;
(6) Hospital admitting report; or
(7) Death certificate, provided that it is signed by a physician at the time of death.
authority: Secs. 6(a), 6(i) and 6(j), Pub. L. 101-426, 104 Stat. 920, as amended by secs. 3(c)-(h), Pub. L. 106-245, 114 Stat. 501 and sec. 11007, Pub. L. 107-273, 116 Stat. 1758 (
42 U.S.C. 2210 note;
5 U.S.C. 500(b))
source: Order No. 2711-2004, 69 FR 13634, Mar. 23, 2004, unless otherwise noted.
cite as: 28 CFR 79.67