Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "38 U.S.C. § 1102"
description: "Special provisions relating to surviving spouses"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "11"
chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
section: "1102"
citation: "38 U.S.C. § 1102"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
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---
# 38 U.S.C. § 1102 - Special provisions relating to surviving spouses
## Text
(a) No compensation shall be paid to the surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran—
(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.
(b) Subsection (a) shall not be applicable to any surviving spouse who, with respect to date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Secretary in effect on December 31, 1957.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1119, § 302; Pub. L. 86491, June 8, 1960, 74 Stat. 161; Pub. L. 9077, title I, § 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94433, title IV, § 404(2)(4), Sept. 30, 1976, 90 Stat. 1378; renumbered § 1102 and amended Pub. L. 10283, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 302 of this title as this section. Subsec. (b). Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. 1976—Pub. L. 94433, § 404(4), substituted “surviving spouses” for “widows” in section catchline. Subsec. (a). Pub. L. 94433, § 404(2), substituted “surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran” for “widow of a veteran under this chapter unless she was married to him”. Subsec. (b). Pub. L. 94433, § 404(3), substituted “surviving spouse” for “widow” in two places. 1967—Subsec. (a)(2), (3). Pub. L. 9077 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth. 1960—Subsec. (a)(1). Pub. L. 86491 substituted “fifteen years” for “ten years”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 9077 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 9077, set out as a note under section 101 of this title.
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---
type: "LegalText"
title: "38 U.S.C. § 1103"
description: "Special provisions relating to claims based upon effects of tobacco products"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "11"
chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
section: "1103"
citation: "38 U.S.C. § 1103"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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---
# 38 U.S.C. § 1103 - Special provisions relating to claims based upon effects of tobacco products
## Text
(a) Notwithstanding any other provision of law, a veterans disability or death shall not be considered to have resulted from personal injury suffered or disease contracted in the line of duty in the active military, naval, air, or space service for purposes of this title on the basis that it resulted from injury or disease attributable to the use of tobacco products by the veteran during the veterans service.
(b) Nothing in subsection (a) shall be construed as precluding the establishment of service connection for disability or death from a disease or injury which is otherwise shown to have been incurred or aggravated in active military, naval, air, or space service or which became manifest to the requisite degree of disability during any applicable presumptive period specified in section 1112 or 1116 of this title.
(Added Pub. L. 105178, title VIII, § 8202(a)(1), as added Pub. L. 105206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865; amended Pub. L. 116283, div. A, title IX, § 926(a)(6), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1103 was renumbered section 1104 of this title.
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service” in subsecs. (a) and (b).
Statutory Notes and Related Subsidiaries
Effective DateTitle IX of Pub. L. 105206 effective simultaneously with enactment of Pub. L. 105178 and to be treated as included in Pub. L. 105178 at time of enactment, see section 9016 of Pub. L. 105206, set out as an Effective Date of 1998 Amendment note under section 101 of Title 23, Highways. Pub. L. 105178, title VIII, § 8202(b), as amended by Pub. L. 105206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865, provided that: “Section 1103 of title 38, United States Code, as added by subsection (a), shall apply with respect to claims received by the Secretary of Veterans Affairs after the date of the enactment of this Act [June 9, 1998].”
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---
type: "LegalText"
title: "38 U.S.C. § 1104"
description: "Cost-of-living adjustments"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "11"
chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
section: "1104"
citation: "38 U.S.C. § 1104"
status: "current"
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---
# 38 U.S.C. § 1104 - Cost-of-living adjustments
## Text
(a) In the computation of cost-of-living adjustments for fiscal years 1998 through 2013 in the rates of, and dollar limitations applicable to, compensation payable under this chapter, such adjustments shall be made by a uniform percentage that is no more than the percentage equal to the social security increase for that fiscal year, with all increased monthly rates and limitations (other than increased rates or limitations equal to a whole dollar amount) rounded down to the next lower whole dollar amount.
(b) For purposes of this section, the term “social security increase” means the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased for any fiscal year as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)).
(Added Pub. L. 10533, title VIII, § 8031(a)(1), Aug. 5, 1997, 111 Stat. 668, § 1103; renumbered § 1104, Pub. L. 105368, title X, § 1005(a), Nov. 11, 1998, 112 Stat. 3364; amended Pub. L. 107103, title II, § 205, Dec. 27, 2001, 115 Stat. 990; Pub. L. 108183, title VII, § 706, Dec. 16, 2003, 117 Stat. 2672.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments2003—Subsec. (a). Pub. L. 108183 substituted “2013” for “2011”. 2001—Subsec. (a). Pub. L. 107103 substituted “2011” for “2002”. 1998—Pub. L. 105368 renumbered section 1103 of this title as this section.
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---
type: "LegalText"
title: "38 U.S.C. § 1110"
description: "Basic entitlement"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "11"
chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
section: "1110"
citation: "38 U.S.C. § 1110"
status: "current"
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tags: ["legal", "us-code"]
---
# 38 U.S.C. § 1110 - Basic entitlement
## Text
For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, air, or space service, during a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veterans own willful misconduct or abuse of alcohol or drugs.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1119, § 310; Pub. L. 101508, title VIII, § 8052(a)(2), Nov. 5, 1990, 104 Stat. 1388351; renumbered § 1110, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105178, title VIII, § 8202(a), June 9, 1998, 112 Stat. 492; Pub. L. 105206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865; Pub. L. 116283, div. A, title IX, § 926(a)(7), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service”. 1998—Pub. L. 105178, which directed the substitution of “, abuse of alcohol or drugs, or use of tobacco products” for “or abuse of alcohol or drugs” before the period at end, was amended generally by Pub. L. 105206, which provided that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made. See Effective Date of 1998 Amendment note below. 1991—Pub. L. 10283 renumbered section 310 of this title as this section. 1990—Pub. L. 101508 substituted “a result of the veterans own willful misconduct or abuse of alcohol or drugs” for “the result of the veterans own willful misconduct”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentTitle IX of Pub. L. 105206 effective simultaneously with enactment of Pub. L. 105178 and to be treated as included in Pub. L. 105178 at time of enactment, and provisions of Pub. L. 105178 as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105206 to be treated as not enacted, see section 9016 of Pub. L. 105206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101508 effective with respect to claims filed after Oct. 31, 1990, see section 8052(b) of Pub. L. 101508, set out as a note under section 105 of this title.
Construction of 1998 AmendmentPub. L. 105206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865, provided that section 8202 of Pub. L. 105178 is amended generally and that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made.
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---
type: "LegalText"
title: "38 U.S.C. § 1111"
description: "Presumption of sound condition"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "11"
chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
section: "1111"
citation: "38 U.S.C. § 1111"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 38 U.S.C. § 1111 - Presumption of sound condition
## Text
For the purposes of section 1110 of this title, every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1119, § 311; renumbered § 1111 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 311 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1110” for “310”.
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---
type: "LegalText"
title: "38 U.S.C. § 1113"
description: "Presumptions rebuttable"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "11"
chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
section: "1113"
citation: "38 U.S.C. § 1113"
status: "current"
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release_date: "2026-06-26"
source: "official"
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---
# 38 U.S.C. § 1113 - Presumptions rebuttable
## Text
(a) Where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is a recognized cause of any of the diseases or disabilities within the purview of section 1112, 1116, 1117, 1118, or 1120 of this title, has been suffered between the date of separation from service and the onset of any such diseases or disabilities, or the disability is due to the veterans own willful misconduct, service-connection pursuant to section 1112, 1116, 1118, or 1120 of this title, or payments of compensation pursuant to section 1117 of this title, will not be in order.
(b) Nothing in section 1112, 1116, 1117, 1118, or 1120 of this title, subsection (a) of this section, or section 5 of Public Law 98542 (38 U.S.C. 1154 note) shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, air, or space service.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1120, § 313; Pub. L. 1024, § 2(b), Feb. 6, 1991, 105 Stat. 13; renumbered § 1113 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103446, title I, § 106(b), title V, § 501(b)(1), Nov. 2, 1994, 108 Stat. 4651, 4663; Pub. L. 105277, div. C, title XVI, § 1602(b), Oct. 21, 1998, 112 Stat. 2681744; Pub. L. 116283, div. A, title IX, § 926(a)(9), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 117168, title IV, § 406(c), Aug. 10, 2022, 136 Stat. 1784.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117168 substituted “1118, or 1120” for “or 1118” wherever appearing. 2021—Subsec. (b). Pub. L. 116283 substituted “air, or space service” for “or air service”. 1998—Subsec. (a). Pub. L. 105277 substituted “1117, or 1118” for “or 1117” and “, 1116, or 1118” for “or 1116”. Subsec. (b). Pub. L. 105277, § 1602(b)(1), substituted “1117, or 1118” for “or 1117”. 1994—Subsec. (a). Pub. L. 103446, § 106(b), inserted “or disabilities” after “diseases” in two places, substituted “purview of section 1112, 1116, or 1117” for “purview of section 1112 or 1116”, and inserted “, or payments of compensation pursuant to section 1117 of this title,” before “will not”. Subsec. (b). Pub. L. 103446, § 501(b)(1), substituted “title,” for “title or” and inserted “, or section 5 of Public Law 98542 (38 U.S.C. 1154 note)” after “of this section”. Pub. L. 103446, § 106(b)(1), substituted “section 1112, 1116, or 1117” for “section 1112 or 1116”. 1991—Pub. L. 10283, § 5(a), renumbered section 313 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1112 or 1116” for “312 or 316” wherever appearing. Pub. L. 1024 inserted “or 316” after “section 312” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117168 effective Aug. 10, 2022, with additional provisions for different applicability dates applying to various categories of veterans and claimants for compensation, see section 406(d) of Pub. L. 117168, set out as an Effective Date note under section 1120 of this title.
Effective Date of 1994 AmendmentPub. L. 103446, title V, § 501(b)(2), Nov. 2, 1994, 108 Stat. 4663, provided that: “The amendments made by paragraph (1) [amending this section] shall apply with respect to applications for veterans benefits that are submitted to the Secretary of Veterans Affairs after the date of the enactment of this Act [Nov. 2, 1994].”
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---
type: "LegalText"
title: "38 U.S.C. § 1116A"
description: "Presumptions of service connection for veterans who served offshore of the Republic of Vietnam"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "11"
chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
section: "1116A"
citation: "38 U.S.C. § 1116A"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 38 U.S.C. § 1116A - Presumptions of service connection for veterans who served offshore of the Republic of Vietnam
## Text
(a) Service Connection.— For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease covered by section 1116 of this title becoming manifest as specified in that section in a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of evidence of such disease during the period of such service.
(b) Exposure.— A veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to an herbicide agent unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service.
(c) Effective Date of Award.— (1) Except as provided by paragraph (2), the effective date of an award under this section shall be determined in accordance with section 5110 of this title.
(2) (A) Notwithstanding subsection (g) of section 5110 of this title, the Secretary shall determine the effective date of an award based on a claim under this section for an individual described in subparagraph (B) by treating the date on which the individual filed the prior claim specified in clause (i) of such subparagraph as the date on which the individual filed the claim so awarded under this section.
(B) An individual described in this subparagraph is a veteran, or a survivor of a veteran, who meets the following criteria:
(i) The veteran or survivor submitted a claim for disability compensation on or after September 25, 1985, and before January 1, 2020, for a disease covered by this section, and the claim was denied by reason of the claim not establishing that the disease was incurred or aggravated by the service of the veteran.
(ii) The veteran or survivor submits a claim for disability compensation on or after January 1, 2020, for the same condition covered by the prior claim under clause (i), and the claim is approved pursuant to this section.
(d) Determination of Offshore.— Notwithstanding any other provision of law, for purposes of this section, the Secretary shall treat a location as being offshore of Vietnam if the location is not more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia and intersecting the following points: Points Geographic NamesLatitudeNorthLongitudeEast At Hon Nhan Island, Tho Chu Archipelago Kien Giang Province9°15.0103°27.0 At Hon Da Island southeast of Hon Khoai Island Minh Hai Province8°22.8104°52.4 At Tai Lon Islet, Con Dao Islet in Con Dao-Vung Toa Special Sector8°37.8106°37.5 At Bong Lai Islet, Con Dao Islet8°38.9106°40.3 At Bay Canh Islet, Con Dao Islet8°39.7106°42.1 At Hon Hai Islet (Phu Qui group of islands) Thuan Hai Province9°58.0109°5.0 At Hon Doi Islet, Thuan Hai Province12°39.0109°28.0 At Dai Lanh point, Phu Khanh Province12°53.8109°27.2 At Ong Can Islet, Phu Khanh Province13°54.0109°21.0 At Ly Son Islet, Nghia Binh Province15°23.1109° 9.0 At Con Co Island, Binh Tri Thien Province17°10.0107°20.6
(e) Herbicide Agent.— In this section, the term “herbicide agent” has the meaning given that term in section 1116(a)(3) of this title.
(Added Pub. L. 11623, § 2(a), June 25, 2019, 133 Stat. 966.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 11623, § 2(g), June 25, 2019, 133 Stat. 969, provided that: “The amendments made by this section [enacting this section and amending section 1710 of this title] shall take effect on January 1, 2020.”
ImplementationPub. L. 11623, § 2(c), June 25, 2019, 133 Stat. 968, provided that: “(1) Guidance.—Notwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guidance to implement section 1116A of title 38, United States Code, as added by subsection (a), before prescribing new regulations under such section. “(2) Updates.—(A) Not later than 120 days after the date of the enactment of this Act [June 25, 2019], the Secretary shall submit a report to the Committees on Veterans Affairs of the House of Representatives and the Senate regarding the plans of the Secretary—“(i) to conduct outreach under subsection (d); and “(ii) to respond to inquiries from veterans regarding claims for disability compensation under section 1116A of title 38, United States Code, as added by subsection (a) of this section. “(B) On a quarterly basis during the period beginning on the date of the enactment of this Act and ending on the date on which regulations are prescribed to carry out such section 1116A, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate updates on the status of such regulations. “(3) Pending cases.—“(A) Authority to stay.—The Secretary may stay a claim described in subparagraph (B) until the date on which the Secretary commences the implementation of such section 1116A. “(B) Claims described.—A claim described in this subparagraph is a claim for disability compensation—“(i) relating to the service and diseases covered by such section 1116A; and “(ii) that is pending at the Veterans Benefits Administration or the Board of Veterans Appeals on or after the date of the enactment of this Act and before the date on which the Secretary commences the implementation of such section 1116A.”
OutreachPub. L. 11623, § 2(d), June 25, 2019, 133 Stat. 968, provided that: “(1) Requirement.—The Secretary of Veterans Affairs shall conduct outreach to inform veterans described in paragraph (2) of the ability to submit a claim for disability compensation under section 1116A of title 38, United States Code, as added by subsection (a). Such outreach shall include the following:“(A) The Secretary shall publish on the website of the Department a notice that a veterans [sic] described in paragraph (2) may submit or resubmit a claim for disability compensation under such section 1116A. “(B) The Secretary shall notify in writing the veteran service organization community of the ability of veterans described in paragraph (2) to submit or resubmit claims for disability compensation under such section 1116A. “(2) Veteran described.—A veteran described in this paragraph is a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975.”
@@ -0,0 +1,61 @@
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# 38 U.S.C. § 1116B - Presumption of herbicide exposure for certain veterans who served in Korea
## Text
(a) Presumption of Service-Connection.— (1) For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) that becomes manifest as specified in that subsection in a veteran described in paragraph (2) shall be considered to have been incurred or aggravated in the line of duty in the active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during the period of such service.
(2) A veteran described in this paragraph is a veteran who, during active military, naval, or air service, served in or near the Korean Demilitarized Zone (DMZ), during the period beginning on September 1, 1967, and ending on August 31, 1971.
(b) Diseases.— A disease specified in this subsection is—
(1) a disease specified in paragraph (2) of subsection (a) of section 1116 of this title that becomes manifest as specified in that paragraph; or
(2) any additional disease that—
(A) pursuant to subchapter VII of this chapter, the Secretary determines in regulations warrants a presumption of service-connection by reason of having positive association with exposure to an herbicide agent; and
(B) becomes manifest within any period prescribed in such regulations.
(c) Herbicide Agent.— For purposes of this section, the term “herbicide agent” has the meaning given such term in section 1821(d) of this title.
(Added Pub. L. 11623, § 3(a), June 25, 2019, 133 Stat. 969; amended Pub. L. 117168, title II, § 202(d)(2), Aug. 10, 2022, 136 Stat. 1775.)
## Notes
Editorial Notes
Amendments2022—Subsec. (b)(2)(A). Pub. L. 117168 inserted “pursuant to subchapter VII of this chapter,” before “the Secretary determines”.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 11623, § 3(d), June 25, 2019, 133 Stat. 970, provided that: “The amendments made by this section [enacting this section] shall take effect on January 1, 2020.”
ImplementationPub. L. 11623, § 3(c), June 25, 2019, 133 Stat. 970, provided that: “(1) Guidance.—Notwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guidance to implement section 1116B of title 38, United States Code, as added by subsection (a), before prescribing new regulations under such section. “(2) Updates.—(A) Not later than 120 days after the date of the enactment of this Act [June 25, 2019], the Secretary shall submit a report to the Committees on Veterans Affairs of the House of Representatives and the Senate regarding the plans of the Secretary to respond to inquiries from veterans regarding claims for disability compensation under section 1116B of title 38, United States Code, as added by subsection (a) of this section. “(B) On a quarterly basis during the period beginning on the date of the enactment of this Act and ending on the date on which regulations are prescribed to carry out such section 1116B, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate updates on the status of such regulations. “(3) Pending cases.—“(A) Authority to stay.—The Secretary may stay a claim described in subparagraph (B) until the date on which the Secretary commences the implementation of section 1116B of title 38, United States Code, as added by subsection (a). “(B) Claims described.—A claim described in this subparagraph is a claim for disability compensation—“(i) relating to the service and diseases covered by such section 1116B; and “(ii) that is pending at the Veterans Benefits Administration or the Board of Veterans Appeals on or after the date of the enactment of this Act and before the date on which the Secretary commences the implementation of such section 1116B.”
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# 38 U.S.C. § 1118 - Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War
## Text
(a) (1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service.
(2) An illness referred to in paragraph (1) is any diagnosed or undiagnosed illness that—
(A) the Secretary determines in regulations prescribed under this section to warrant a presumption of service connection by reason of having a positive association with exposure to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War; and
(B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in that theater of operations during that war and by reason of such service was exposed to such agent, hazard, or medicine or vaccine.
(3) For purposes of this subsection, a veteran who served on active duty in the Southwest Asia theater of operations during the Persian Gulf War and has an illness described in paragraph (2) shall be presumed to have been exposed by reason of such service to the agent, hazard, or medicine or vaccine associated with the illness in the regulations prescribed under this section unless there is conclusive evidence to establish that the veteran was not exposed to the agent, hazard, or medicine or vaccine by reason of such service.
(4) For purposes of this section, signs or symptoms that may be a manifestation of an undiagnosed illness include the signs and symptoms listed in section 1117(g) of this title.
(b) The Secretary shall ensure that any determination made on or after the date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 regarding a presumption of service connection based on a toxic exposure under this section is made pursuant to subchapter VII of this chapter.
(Added Pub. L. 105277, div. C, title XVI, § 1602(a)(1), Oct. 21, 1998, 112 Stat. 2681742; amended Pub. L. 107103, title II, § 202(b)(2), (d)(1), Dec. 27, 2001, 115 Stat. 989; Pub. L. 117168, title II, § 202(d)(3), Aug. 10, 2022, 136 Stat. 1775.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (b), is the date of enactment of Pub. L. 117168, which was approved Aug. 10, 2022.
Amendments2022—Subsecs. (b) to (e). Pub. L. 117168 added subsec. (b) and struck out former subsecs. (b) to (e) which related to determinations of presumptions of service connection between illnesses and exposure to toxic agents during the Persian Gulf War. 2001—Subsec. (a)(4). Pub. L. 107103, § 202(b)(2), added par. (4). Subsec. (e). Pub. L. 107103, § 202(d)(1), substituted “on September 30, 2011” for “10 years after the first day of the fiscal year in which the National Academy of Sciences submits to the Secretary the first report under section 1603 of the Persian Gulf War Veterans Act of 1998”.
Statutory Notes and Related Subsidiaries
Effective Date of 2001 AmendmentAmendment by section 202(b)(2) of Pub. L. 107103 effective Mar. 1, 2002, see section 202(c) of Pub. L. 107103, set out as a note under section 1117 of this title.
@@ -0,0 +1,105 @@
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# 38 U.S.C. § 1119 - Presumptions of toxic exposure
## Text
(a) Consideration of Records.— If a veteran submits to the Secretary a claim for compensation for a service-connected disability under section 1110 of this title with evidence of a disability and a toxic exposure that occurred during active military, naval, air, or space service, the Secretary may, in adjudicating such claim, consider—
(1) any record of the veteran in an exposure tracking record system; and
(2) if no record of the veteran in an exposure tracking record system indicates that the veteran was subject to a toxic exposure during active military, naval, air, or space service, the totality of the circumstances of the service of the veteran.
(b) Presumption of Specific Toxic Exposure for Members Who Served in Certain Locations.— (1) The Secretary shall, for purposes of section 1110 and chapter 17 of this title, presume that any covered veteran was exposed to the substances, chemicals, and airborne hazards identified in the list under paragraph (2) during the service of the covered veteran specified in subsection (c)(1), unless there is affirmative evidence to establish that the covered veteran was not exposed to any such substances, chemicals, or hazards in connection with such service.
(2) The Secretary shall—
(A) establish and maintain a list that contains an identification of one or more such substances, chemicals, and airborne hazards as the Secretary, in collaboration with the Secretary of Defense, may determine appropriate for purposes of this section; and
(B) determine, using procedures consistent with section 1172 of this title and through the conduct of a formal evaluation under section 1173 of this title, whether to establish an end date for a covered veteran to qualify for presumptions of exposure under this section, if appropriate, but in no case establish an end date earlier than the last day of the period specified in section 101(33) for the Persian Gulf War.
(3) Beginning not later than two years after the date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, and not less frequently than once every two years thereafter, the Secretary shall submit to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives a report identifying any additions or removals to the list under paragraph (2) during the period covered by the report.
(c) Definitions.— In this section:
(1) The term “covered veteran” means any veteran who—
(A) on or after August 2, 1990, performed active military, naval, air, or space service while assigned to a duty station in, including airspace above—
(i) Bahrain;
(ii) Iraq;
(iii) Kuwait;
(iv) Oman;
(v) Qatar;
(vi) Saudi Arabia;
(vii) Somalia; or
(viii) United Arab Emirates; or
(B) on or after September 11, 2001, performed active military, naval, air, or space service while assigned to a duty station in, including airspace above—
(i) Afghanistan;
(ii) Djibouti;
(iii) Egypt;
(iv) Jordan;
(v) Lebanon;
(vi) Syria;
(vii) Yemen;
(viii) Uzbekistan; or
(ix) any other country determined relevant by the Secretary.
(2) The term “exposure tracking record system”—
(A) means any system, program, or pilot program used by the Secretary of Veterans Affairs or the Secretary of Defense to track how veterans or members of the Armed Forces have been exposed to various occupational or environmental hazards; and
(B) includes the Individual Longitudinal Exposure Record, or successor system.
(3) The term “toxic exposure risk activity” has the meaning given such term in section 1710(e)(4) of this title.
(Added Pub. L. 117168, title III, § 302, Aug. 10, 2022, 136 Stat. 1777.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (b)(3), is the date of enactment of Pub. L. 117168, which was approved Aug. 10, 2022.
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# 38 U.S.C. § 1120 - Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins
## Text
(a) Presumption of Service Connection.— For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) becoming manifest in a covered veteran shall be considered to have been incurred in or aggravated during active military, naval, air, or space service, notwithstanding that there is no record of evidence of such disease during the period of such service.
(b) Diseases Specified.— The diseases specified in this subsection are the following:
(1) Asthma that was diagnosed after service of the covered veteran as specified in subsection (c).
(2) The following types of cancer:
(A) Head cancer of any type.
(B) Neck cancer of any type.
(C) Respiratory cancer of any type.
(D) Gastrointestinal cancer of any type.
(E) Reproductive cancer of any type.
(F) Lymphoma cancer of any type.
(G) Kidney cancer.
(H) Brain cancer.
(I) Melanoma.
(J) Pancreatic cancer.
(3) Chronic bronchitis.
(4) Chronic obstructive pulmonary disease.
(5) Constrictive bronchiolitis or obliterative bronchiolitis.
(6) Emphysema.
(7) Granulomatous disease.
(8) Interstitial lung disease.
(9) Pleuritis.
(10) Pulmonary fibrosis.
(11) Sarcoidosis.
(12) Chronic sinusitis.
(13) Chronic rhinitis.
(14) Glioblastoma.
(15) Any other disease for which the Secretary determines, pursuant to regulations prescribed under subchapter VII that a presumption of service connection is warranted based on a positive association with a substance, chemical, or airborne hazard identified in the list under section 1119(b)(2) of this title.
(c) Covered Veteran Defined.— In this section, the term “covered veteran” has the meaning given that term in section 1119(c) of this title.
(Added Pub. L. 117168, title IV, § 406(b), Aug. 10, 2022, 136 Stat. 1784; amended Pub. L. 117263, div. E, title LI, § 5124(a), Dec. 23, 2022, 136 Stat. 3211.)
## Notes
Editorial Notes
Amendments2022—Subsec. (b)(2)(G) to (K). Pub. L. 117263 redesignated subpars. (H) to (K) as (G) to (J), respectively, and struck out former subpar. (G) which read as follows: “Lymphomatic cancer of any type.”
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentPub. L. 117263, div. E, title LI, § 5124(d), Dec. 23, 2022, 136 Stat. 3211, provided that: “The amendments made by this section [amending this section and sections 8103 and 8104 of this title] shall take effect as if included in the enactment of the Honoring our PACT Act of 2022 (Public Law 117168).”
Effective DatePub. L. 117168, title IV, § 406(d), Aug. 10, 2022, 136 Stat. 1784, provided that: “The amendments made by this section [enacting this section and amending section 1113 of this title] shall take effect on the date of the enactment of this Act [Aug. 10, 2022] and shall apply as follows: “(1) On the date of the enactment of this Act for claimants for dependency and indemnity compensation under chapter 13 of title 38, United States Code, and veterans whom the Secretary of Veterans Affairs determines are—“(A) terminally ill; “(B) homeless; “(C) under extreme financial hardship; “(D) more than 85 years old; or “(E) capable of demonstrating other sufficient cause. “(2) On the date of the enactment of this Act for everyone not described in paragraph (1), with respect to paragraphs (1), (2)(C), (2)(I) [now (2)(H)], (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14), of section 1120(b) of title 38, United States Code, as added by subsection (b). “(3) On October 1, 2023, for everyone not described in paragraph (1), with respect to paragraphs (3) and (4) of section 1120(b) of such title, as so added. “(4) On October 1, 2024, for everyone not described in paragraph (1), with respect to subparagraphs (A), (B), (D), (E), (F), [former] (G), and (K) [now (J)] of section 1120(b)(2) of such title, as so added. “(5) On October 1, 2025, for everyone not described in paragraph (1), with respect to subparagraphs (H) [now (G)] and (J) [now (I)] of section 1120(b)(2) of such title, as so added.”
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# 38 U.S.C. § 1121 - Basic entitlement
## Text
The surviving spouse, child or children, and dependent parent or parents of any veteran who died before January 1, 1957 as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during a period of war, shall be entitled to receive compensation at the monthly rates specified in section 1122 of this title.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1122, § 321; Pub. L. 92197, § 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94433, title IV, § 404(12), Sept. 30, 1976, 90 Stat. 1378; renumbered § 1121 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 321 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1122” for “322”. 1976—Pub. L. 94433 substituted “spouse” for “widow”. 1971—Pub. L. 92197 struck out eligibility clause when the veteran died after April 30, 1957, under circumstances described in section 417(a) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1971 AmendmentAmendment by Pub. L. 92197 effective Jan. 1, 1972, see section 10 of Pub. L. 92197, set out as a note under section 1311 of this title.
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# 38 U.S.C. § 1122 - Rates of wartime death compensation
## Text
(a) The monthly rates of death compensation shall be as follows:
(1) Surviving spouse but no child, $87;
(2) Surviving spouse with one child, $121 (with $29 for each additional child);
(3) No surviving spouse but one child, $67;
(4) No surviving spouse but two children, $94 (equally divided);
(5) No surviving spouse but three children, $122 (equally divided) (with $23 for each additional child, total amount to be equally divided);
(6) Dependent parent, $75;
(7) Both dependent parents, $40 each.
(b) The monthly rate of death compensation payable to a surviving spouse or dependent parent under subsection (a) of this section shall be increased by $79 if the payee is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1122, § 322; Pub. L. 9196, § 7, Oct. 27, 1969, 83 Stat. 146; Pub. L. 91588, § 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92197, § 9, Dec. 15, 1971, 85 Stat. 662; Pub. L. 93295, title II, § 204, May 31, 1974, 88 Stat. 183; Pub. L. 94169, title II, § 202, Dec. 23, 1975, 89 Stat. 1021; Pub. L. 94432, title IV, § 401, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 94433, title IV, § 404(13)(17), Sept. 30, 1976, 90 Stat. 1378, 1379; Pub. L. 95204, title III, § 301, Dec. 2, 1977, 91 Stat. 1459; renumbered § 1122, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109233, title V, § 502(3), June 15, 2006, 120 Stat. 415.)
## Notes
Editorial Notes
Amendments2006—Subsec. (b)(2). Pub. L. 109233 substituted “blind, or so nearly blind or significantly disabled as to” for “helpless or blind, or so nearly helpless or blind as to”. 1991—Pub. L. 10283 renumbered section 322 of this title as this section. 1977—Subsec. (b). Pub. L. 95204 substituted “$79” for “$74”. 1976—Subsec. (a). Pub. L. 94433, § 404(13)(16), substituted “Surviving spouse” for “Widow” in pars. (1) and (2); “surviving spouse” for “widow” in pars. (3), (4), and (5); “parent” for “mother or father” in par. (6); and “Both dependent parents” for “Dependent mother and father” in par. (7). Subsec. (b). Pub. L. 94433, § 404(17), substituted “surviving spouse” for “widow”. Pub. L. 94432 substituted “$74” for “$69”. 1975—Subsec. (b). Pub. L. 94169 substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, “$69” for “$64”. 1974—Subsec. (b). Pub. L. 93295 substituted “$64” for “$55”. 1971—Subsec. (b). Pub. L. 92197 extended benefits to dependent parents under subsec. (a) of this section and increased the increase in benefits from $50 to $55. 1970—Subsec. (b). Pub. L. 91588 substituted “$55” for “$50”. 1969—Pub. L. 9196 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1977 AmendmentPub. L. 95204, title III, § 302, Dec. 2, 1977, 91 Stat. 1459, provided that: “The provisions of this Act [see Tables for classification] shall take effect January 1, 1978.”
Effective Date of 1976 AmendmentsAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title. Amendment by Pub. L. 94432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94432, set out as a note under section 1521 of this title.
Effective Date of 1975 AmendmentPub. L. 94169, title II, § 202, Dec. 23, 1975, 89 Stat. 1021, as amended by section 101 of Pub. L. 94432, eff. Sept. 30, 1976, provided that the amendment made by that section is effective Jan. 1, 1976.
Effective Date of 1974 AmendmentAmendment by Pub. L. 93295 effective May 1, 1974, see section 401 of Pub. L. 93295, set out as a note under section 1114 of this title.
Effective Date of 1971 AmendmentAmendment by Pub. L. 92197 effective Jan. 1, 1972, see section 10 of Pub. L. 92197, set out as a note under section 1311 of this title.
Effective Date of 1970 AmendmentAmendment by Pub. L. 91588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91588, set out as a note under section 1521 of this title.
Effective Date of 1969 AmendmentAmendment by Pub. L. 9196 effective first day of second calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 9196, set out as a note under section 1302 of this title.
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# 38 U.S.C. § 1131 - Basic entitlement
## Text
For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, air, or space service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veterans own willful misconduct or abuse of alcohol or drugs.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1122, § 331; Pub. L. 101508, title VIII, § 8052(a)(3), Nov. 5, 1990, 104 Stat. 1388351; renumbered § 1131, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105178, title VIII, § 8202(b), June 9, 1998, 112 Stat. 492; Pub. L. 105206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865; Pub. L. 116283, div. A, title IX, § 926(a)(10), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service”. 1998—Pub. L. 105178, which directed the substitution of “, abuse of alcohol or drugs, or use of tobacco products” for “or abuse of alcohol or drugs” before the period at end, was amended generally by Pub. L. 105206, which provided that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made. See Effective Date of 1998 Amendment note below. 1991—Pub. L. 10283 renumbered section 331 of this title as this section. 1990—Pub. L. 101508 substituted “a result of the veterans own willful misconduct or abuse of alcohol or drugs” for “the result of the veterans own willful misconduct”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentTitle IX of Pub. L. 105206 effective simultaneously with enactment of Pub. L. 105178 and to be treated as included in Pub. L. 105178 at time of enactment, and provisions of Pub. L. 105178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105206 to be treated as not enacted, see section 9016 of Pub. L. 105206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101508 effective with respect to claims filed after Oct. 31, 1990, see section 8052(b) of Pub. L. 101508, set out as a note under section 105 of this title.
Construction of 1998 AmendmentPub. L. 105206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865, provided that section 8202 of Pub. L. 105178 is amended generally and that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made.
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# 38 U.S.C. § 1132 - Presumption of sound condition
## Text
For the purposes of section 1131 of this title, every person employed in the active military, naval, air, or space service for six months or more shall be taken to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance and enrollment, or where evidence or medical judgment is such as to warrant a finding that the disease or injury existed before acceptance and enrollment.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1122, § 332; renumbered § 1132 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116283, div. A, title IX, § 926(a)(11), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service”. 1991—Pub. L. 10283, § 5(a), renumbered section 332 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1131” for “331”.
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# 38 U.S.C. § 1133 - Presumptions relating to certain diseases
## Text
(a) For the purposes of section 1131 of this title, and subject to the provisions of subsections (b) and (c) of this section, any veteran who served for six months or more and contracts a tropical disease or a resultant disorder or disease originating because of therapy administered in connection with a tropical disease, or as a preventative thereof, shall be deemed to have incurred such disability in the active military, naval, air, or space service when it is shown to exist within one year after separation from active service, or at a time when standard and accepted treatises indicate that the incubation period thereof commenced during active service.
(b) Service-connection shall not be granted pursuant to subsection (a), in any case where the disease or disorder is shown by clear and unmistakable evidence to have had its inception before or after active military, naval, air, or space service.
(c) Nothing in this section shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, air, or space service.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1123, § 333; renumbered § 1133 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116283, div. A, title IX, § 926(a)(12), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service” wherever appearing. 1991—Pub. L. 10283, § 5(a), renumbered section 333 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “1131” for “331”.
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# 38 U.S.C. § 1134 - Rates of peacetime disability compensation
## Text
For the purposes of section 1131 of this title, the compensation payable for the disability shall be that specified in section 1114 of this title.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1123, § 334; Pub. L. 92328, title I, § 108(a), June 30, 1972, 86 Stat. 396; renumbered § 1134 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 334 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1131” for “331” and “1114” for “314”. 1972—Pub. L. 92328 substituted provisions that compensation payable for the disability be that specified in section 314 of this title, for provisions that compensation payable for the disability be equal to 80% of the compensation payable for such disability under section 314 of this title, adjusted upward or downward to the nearest dollar.
Statutory Notes and Related Subsidiaries
Effective Date of 1972 AmendmentPub. L. 92328, title III, § 301(b), June 30, 1972, 86 Stat. 398, provided that: “Section 108 [repealing section 336 of this title and amending this section and section 335 [now 1135] of this title] shall take effect on July 1, 1973.”
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# 38 U.S.C. § 1135 - Additional compensation for dependents
## Text
Any veteran entitled to compensation at the rates provided in section 1134 of this title, and whose disability is rated not less than 30 percent, shall be entitled to additional monthly compensation for dependents as provided in section 1115 of this title.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1123, § 335; Pub. L. 92328, title I, § 108(b), June 30, 1972, 86 Stat. 396; Pub. L. 98543, title I, § 112(a), Oct. 24, 1984, 98 Stat. 2740; renumbered § 1135 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 335 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1134” for “334” and “1115” for “315”. 1984—Pub. L. 98543 substituted “30 percent” for “50 per centum”. 1972—Pub. L. 92328 substituted provisions that the veteran be entitled to additional monthly compensation for dependents as provided in section 315 of this title, for provisions that the veteran be entitled to additional monthly compensation for dependents equal to 80% of the additional compensation for dependents provided in section 315 of this title, and subject to the limitations thereof, and adjusted upward or downward to the nearest dollar.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentPub. L. 98543, title I, § 112(b), Oct. 24, 1984, 98 Stat. 2740, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of October 1, 1978.”
Effective Date of 1972 AmendmentAmendment by Pub. L. 92328 effective July 1, 1973, see section 301(b) of Pub. L. 92328, set out as a note under section 1134 of this title.
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# 38 U.S.C. § 1136 - Vacant]
## Notes
Editorial Notes
Codification Prior to renumbering of sections 301 to 363 of this chapter as sections 1101 to 1163 by Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 336 of this chapter, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1123, which set forth the conditions under which wartime rates were payable to any veteran otherwise entitled to compensation under the provisions of this subchapter, was repealed by Pub. L. 92328, title I, § 108(c), title III, § 301(b), June 30, 1972, 86 Stat. 396, 398, effective July 1, 1973.
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# 38 U.S.C. § 1137 - Wartime presumptions for certain veterans
## Text
For the purposes of this subchapter and subchapter V of this chapter and notwithstanding the provisions of sections 1132 and 1133 of this subchapter, the provisions of sections 1111, 1112, and 1113 of this chapter shall be applicable in the case of any veteran who served in the active military, naval, air, or space service after December 31, 1946.
(Added Pub. L. 89358, § 7(a), Mar. 3, 1966, 80 Stat. 27, § 337; amended Pub. L. 93295, title II, § 205, May 31, 1974, 88 Stat. 183; renumbered § 1137 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116283, div. A, title IX, § 926(a)(13), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service”. 1991—Pub. L. 10283, § 5(a), renumbered section 337 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1132 and 1133” for “332 and 333” and “1111, 1112, and 1113” for “311, 312, and 313”. 1974—Pub. L. 93295 substituted “December 31, 1946” for “January 31, 1955”.
Statutory Notes and Related Subsidiaries
Effective Date of 1974 AmendmentAmendment by Pub. L. 93295 effective May 1, 1974, see section 401 of Pub. L. 93295, set out as a note under section 1114 of this title.
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# 38 U.S.C. § 1141 - Basic entitlement
## Text
The surviving spouse, child or children, and dependent parent or parents of any veteran who died before January 1, 1957, as the result of injury or disease incurred in or aggravated by active military, naval, air, or space service, in line of duty, during other than a period of war, shall be entitled to receive compensation as hereinafter provided in this subchapter.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1123, § 341; Pub. L. 92197, § 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94433, title IV, § 404(18), Sept. 30, 1976, 90 Stat. 1379; renumbered § 1141, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116283, div. A, title IX, § 926(a)(14), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service”. 1991—Pub. L. 10283 renumbered section 341 of this title as this section. 1976—Pub. L. 94433 substituted “spouse” for “widow”. 1971—Pub. L. 92197 struck out eligibility clause when the veteran died after April 30, 1957, under circumstances described in section 417(a) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1971 AmendmentAmendment by Pub. L. 92197 effective Jan. 1, 1972, see section 10 of Pub. L. 92197, set out as a note under section 1311 of this title.
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# 38 U.S.C. § 1142 - Rates of peacetime death compensation
## Text
For the purposes of section 1141 of this title, the monthly rates of death compensation payable shall be those specified in section 1122 of this title.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1124, § 342; Pub. L. 93295, title II, § 206(a), May 31, 1974, 88 Stat. 183; renumbered § 1142 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 342 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1141” for “341” and “1122” for “322”. 1974—Pub. L. 93295 substituted “those specified in section 322 of this title” for “equal to 80 per centum of the rates prescribed by section 322 of this title, adjusted upward or downward to the nearest dollar, counting fifty cents and over as a whole dollar”.
Statutory Notes and Related Subsidiaries
Effective Date of 1974 AmendmentAmendment by Pub. L. 93295 effective May 1, 1974, see section 401 of Pub. L. 93295, set out as a note under section 1114 of this title.
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# 38 U.S.C. § 1143 - Vacant]
## Notes
Editorial Notes
Codification Prior to renumbering of sections 301 to 363 of this chapter as sections 1101 to 1163 by Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 343 of this chapter, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1124, which prescribed conditions under which wartime rates of compensation were payable, was repealed by Pub. L. 93295, title II, § 206(b), title IV, § 401, May 31, 1974, 88 Stat. 183, 184, effective May 1, 1974.
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# 38 U.S.C. § 1151 - Benefits for persons disabled by treatment or vocational rehabilitation
## Text
(a) Compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded for a qualifying additional disability or a qualifying death of a veteran in the same manner as if such additional disability or death were service-connected. For purposes of this section, a disability or death is a qualifying additional disability or qualifying death if the disability or death was not the result of the veterans willful misconduct and—
(1) the disability or death was caused by hospital care, medical or surgical treatment, or examination furnished the veteran under any law administered by the Secretary, either by a Department employee or in a Department facility as defined in section 1701(3)(A) of this title, and the proximate cause of the disability or death was—
(A) carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department in furnishing the hospital care, medical or surgical treatment, or examination; or
(B) an event not reasonably foreseeable; or
(2) the disability or death was proximately caused (A) by the provision of training and rehabilitation services by the Secretary (including by a service-provider used by the Secretary for such purpose under section 3115 of this title) as part of an approved rehabilitation program under chapter 31 of this title, or (B) by participation in a program (known as a “compensated work therapy program”) under section 1718 of this title.
(b) (1) Where an individual is, on or after December 1, 1962, awarded a judgment against the United States in a civil action brought pursuant to section 1346(b) of title 28 or, on or after December 1, 1962, enters into a settlement or compromise under section 2672 or 2677 of title 28 by reason of a disability or death treated pursuant to this section as if it were service-connected, then (except as otherwise provided in paragraph (2)) no benefits shall be paid to such individual for any month beginning after the date such judgment, settlement, or compromise on account of such disability or death becomes final until the aggregate amount of benefits which would be paid but for this subsection equals the total amount included in such judgment, settlement, or compromise.
(2) In the case of a judgment, settlement, or compromise covered by paragraph (1) that becomes final on or after the date of the enactment of this paragraph and that includes an amount that is specifically designated for a purpose for which benefits are provided under chapter 21 or 39 of this title (hereinafter in this paragraph referred to as the “offset amount”), if such judgment, settlement, or compromise becomes final before the date of the award of benefits under chapter 21 or 39 for the purpose for which the offset amount was specifically designated—
(A) the amount of such award shall be reduced by the offset amount; and
(B) if the offset amount is greater than the amount of such award, the excess amount received pursuant to the judgment, settlement or compromise, shall be offset against benefits otherwise payable under this chapter.
(c) A qualifying additional disability under this section shall be treated in the same manner as if it were a service-connected disability for purposes of the following provisions of this title:
(1) Chapter 21, relating to specially adapted housing.
(2) Chapter 39, relating to automobiles and adaptive equipment.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1124, § 351; Pub. L. 87825, § 3, Oct. 15, 1962, 76 Stat. 950; Pub. L. 9124, § 3, June 11, 1969, 83 Stat. 33; Pub. L. 94433, title IV, § 404(19), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98223, title II, § 213(1), Mar. 2, 1984, 98 Stat. 46; renumbered § 1151 and amended Pub. L. 10283, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406; Pub. L. 104204, title IV, § 422(a), Sept. 26, 1996, 110 Stat. 2926; Pub. L. 106419, title III, § 303, Nov. 1, 2000, 114 Stat. 1853; Pub. L. 108454, title III, § 304(a),(c), Dec. 10, 2004, 118 Stat. 3611.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this paragraph, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 108454, which was approved Dec. 10, 2004.
Amendments2004—Subsec. (b). Pub. L. 108454, § 304(c), designated existing provision as par. (1), inserted “(except as otherwise provided in paragraph (2))” after “service-connected, then”, and added par. (2). Subsec. (c). Pub. L. 108454, § 304(a), added subsec. (c). 2000—Subsec. (a)(2). Pub. L. 106419 inserted “(A)” after “proximately caused” and added cl. (B). 1996—Subsec. (a). Pub. L. 104204, § 422(a)(1), added subsec. (a) and struck out former first sentence of section which read as follows: “Where any veteran shall have suffered an injury, or an aggravation of an injury, as the result of hospitalization, medical or surgical treatment, or the pursuit of a course of vocational rehabilitation under chapter 31 of this title, awarded under any of the laws administered by the Secretary, or as a result of having submitted to an examination under any such law, and not the result of such veterans own willful misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, disability or death compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded in the same manner as if such disability, aggravation, or death were service-connected.” Subsec. (b). Pub. L. 104204, § 422(a)(2), designated second sentence of section as subsec. (b), struck out “, aggravation,” after “disability” in two places, and substituted “this subsection equals the total amount” for “this sentence equals the total amount”. 1991—Pub. L. 10283, § 5(a), renumbered section 351 of this title as this section. Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. 1984—Pub. L. 98223 substituted “title 28” for “title 28, United States Code,” in two places. 1976—Pub. L. 94433 struck out “him” before “under any of the laws” and substituted “such veterans” for “his” in first sentence. 1969—Pub. L. 9124 substituted “, on or after December 1, 1962,” for “hereafter” wherever appearing. 1962—Pub. L. 87825 provided that where an individual is awarded a judgment under section 1346(b) of title 28, enters a settlement or compromise under section 2672 or 2677 of such title by reason of a disability, aggravation, or death treated pursuant to this section as if service-connected, then no benefits shall be paid such individual for any month beginning after such judgment, settlement or compromise becomes final until the aggregate amount of benefits equals the total amount included in such judgment, settlement, or compromise, and struck out provisions which required that no benefits were to be awarded unless application was made therefor within two years after an injury or aggravation was suffered, or a death occurred.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentPub. L. 108454, title III, § 304(b), Dec. 10, 2004, 118 Stat. 3611, provided that: “Subsection (c) of section 1151 of title 38, United States Code, as added by subsection (a), shall apply with respect to eligibility for benefits and services provided by the Secretary of Veterans Affairs on or after the date of the enactment of this Act [Dec. 10, 2004].”
Effective Date of 1996 AmendmentPub. L. 104204, title IV, § 422(b), (c), Sept. 26, 1996, 110 Stat. 2927, provided that: “(b)(1) The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1996. “(2) Section 1151 of title 38, United States Code (as amended by subsection (a)), shall govern all administrative and judicial determinations of eligibility for benefits under such section that are made with respect to claims filed on or after the effective date set forth in paragraph (1) [Oct. 1, 1996], including those based on original applications and applications seeking to reopen, revise, reconsider, or otherwise readjudicate on any basis claims for benefits under such section 1151 or any provision of law that is a predecessor of such section. “(c) Nothwithstanding [sic] subsection (b)(1), section 421(d) [set out as a note under section 1801 of this title], or any other provision of this Act [see Tables for classification], section 421 [enacting sections 1801 to 1806 of this title, amending section 5312 of this title, and enacting provisions set out as notes under section 1801 of this title] and this section [amending this section] shall not take effect until October 1, 1997, unless legislation other than this Act is enacted to provide for an earlier effective date.”
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1962 AmendmentAmendment by Pub. L. 87825 effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87825, set out as a note under section 110 of this title.
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# 38 U.S.C. § 1152 - Persons heretofore having a compensable status
## Text
The death and disability benefits of this chapter shall, notwithstanding the service requirements thereof, be granted to persons heretofore recognized by law as having a compensable status, including persons whose claims are based on war or peacetime service rendered before April 21, 1898.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1124, § 352; renumbered § 1152, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 renumbered section 352 of this title as this section.
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# 38 U.S.C. § 1153 - Aggravation
## Text
A preexisting injury or disease will be considered to have been aggravated by active military, naval, air, or space service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1124, § 353; renumbered § 1153, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116283, div. A, title IX, § 926(a)(15), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service”. 1991—Pub. L. 10283 renumbered section 353 of this title as this section.
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# 38 U.S.C. § 1155 - Authority for schedule for rating disabilities
## Text
The Secretary shall adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries. The ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations. The schedule shall be constructed so as to provide ten grades of disability and no more, upon which payments of compensation shall be based, namely, 10 percent, 20 percent, 30 percent, 40 percent, 50 percent, 60 percent, 70 percent, 80 percent, 90 percent, and total, 100 percent. The Secretary shall from time to time readjust this schedule of ratings in accordance with experience. However, in no event shall such a readjustment in the rating schedule cause a veterans disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veterans disability is shown to have occurred.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1125, § 355; Pub. L. 98223, title I, § 101(c), Mar. 2, 1984, 98 Stat. 38; renumbered § 1155 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 10286, title I, § 103(a), Aug. 14, 1991, 105 Stat. 414.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10286 amended this section as in effect before the redesignations made by Pub. L. 10283, § 5, by inserting at end “However, in no event shall such a readjustment in the rating schedule cause a veterans disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veterans disability is shown to have occurred.” Pub. L. 10283, § 5(a), renumbered section 355 of this title as this section. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. 1984—Pub. L. 98223 substituted “percent” for “per centum” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1991 AmendmentPub. L. 10286, title I, § 103(b), Aug. 14, 1991, 105 Stat. 415, provided that: “The amendment made by subsection (a) [amending this section] shall apply with regard to changes in rating schedules that take effect after the date of the enactment of this Act [Aug. 14, 1991].”
Effective Date of 1984 AmendmentAmendment by Pub. L. 98223 effective Apr. 1, 1984, see section 107 of Pub. L. 98223, set out as a note under section 1114 of this title.
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# 38 U.S.C. § 1156 - Temporary disability ratings
## Text
(a) Assignment of Temporary Ratings.— (1) For the purpose of providing disability compensation under this chapter to veterans, the Secretary shall assign a temporary disability rating to a veteran as follows:
(A) To a veteran who—
(i) was discharged or released from active duty not more than 365 days before the date such veteran submits a claim for disability compensation under this chapter;
(ii) has one or more disabilities for which a rating of total is not immediately assignable—
(I) under the regular provisions of the schedule of ratings; or
(II) on the basis of individual unemployability; and
(iii) has one or more—
(I) severe disabilities that result in substantially gainful employment not being feasible or advisable; or
(II) healed, unhealed, or incompletely healed wounds or injuries that make material impairment of employability likely.
(B) To a veteran who, as a result of a highly stressful in-service event, has a mental disorder that is severe enough to bring about the veterans discharge or release from active duty.
(C) To a veteran who has a service-connected disability that requires hospital treatment or observation in a Department of Veterans Affairs or approved hospital for a period in excess of 21 days.
(D) To a veteran who has a service-connected disability that has required convalescent care or treatment at hospital discharge (regular discharge or release to non-bed care) or outpatient release that meets the requirements of regulations prescribed by the Secretary.
(2) With respect to a veteran described in paragraph (1)(A), the Secretary may assign a temporary disability rating to such veteran regardless of whether such veteran has obtained a medical examination or a medical opinion concerning such veterans disability.
(3) With respect to a veteran described in paragraph (1)(B), the Secretary shall schedule a medical examination for such veteran not later than six months after the separation or discharge of such veteran from active duty.
(b) Termination of Temporary Disability Ratings.— (1) Except as provided in paragraph (2), a temporary disability rating assigned to a veteran under this section shall remain in effect as follows:
(A) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(A), until the later of the date that is—
(i) 12 months after the date of discharge or release from active duty; or
(ii) provided in regulations prescribed by the Secretary.
(B) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(B), until the date on which a rating decision is issued to such veteran following the medical examination scheduled under subsection (a)(3).
(C) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(C), until the later of the date that is—
(i) the last day of the month in which the veteran is discharged from the hospital as described in such subsection (a)(1)(C); or
(ii) provided in regulations prescribed by the Secretary.
(D) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(D), until the date that is provided in regulations prescribed by the Secretary.
(2) The Secretary may extend a temporary disability rating assigned to a veteran under subsection (a) beyond the applicable termination date under paragraph (1) if the Secretary determines that such an extension is appropriate.
(c) Regulations.— The Secretary shall prescribe regulations to carry out the provisions of this section.
(d) Construction.— Nothing in this section shall be construed to preclude the Secretary from providing a temporary disability rating under an authority other than this section.
(Added Pub. L. 110389, title II, § 211(a), Oct. 10, 2008, 122 Stat. 4149.)
## Notes
Editorial Notes
Codification Prior to renumbering of sections 301 to 363 of this chapter as sections 1101 to 1163 by Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 356 of this chapter, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1125, which provided for a minimum rating for veterans with arrested tuberculosis, was repealed by Pub. L. 90493, § 4, Aug. 19, 1968, 82 Stat. 809, but repeal not applicable in case of veteran who on Aug. 19, 1968, was receiving or entitled to receive compensation for tuberculosis which in the judgment of the Administrator had reached a condition of complete arrest.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 110389, title II, § 211(b), Oct. 10, 2008, 122 Stat. 4151, provided that: “Section 1156(a)(1) of title 38, United States Code, as added by subsection (a), shall apply with respect to a veteran who is discharged or released from active duty (as defined in section 101 of title 38, United States Code) on or after the date of the enactment of this Act [Oct. 10, 2008].”
Department of Veterans Affairs Automatic Processing of Certain Claims for Temporary Disability RatingsPub. L. 118210, title III, § 307, Jan. 2, 2025, 138 Stat. 2794, provided that: “(a) In General.—Not later than one year after the date of the enactment of this Act [Jan. 2, 2025], the Secretary of Veterans Affairs shall modify the information technology systems of the Department of Veterans Affairs to use automation technology for claims for temporary disability ratings for veterans described in section 1156(a)(1)(C) of title 38, United States Code. “(b) Additional Requirements.—In carrying out subsection (a), the Secretary shall ensure that—“(1) medical evidence is obtained from the corporate data warehouse of the Department or other sources of data, the Secretary determines appropriate; “(2) employees of the Department continue to determine whether a veteran is entitled to a temporary disability rating under section 1156(a)(1)(C) of title 38, United States Code; and “(3) claims may be processed manually if the evidence of record is not sufficient to decide the claim or if the medical evidence is provided in a format that is not compatible with the system developed under subsection (a).”
@@ -0,0 +1,41 @@
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# 38 U.S.C. § 1157 - Combination of certain ratings
## Text
The Secretary shall provide for the combination of ratings and pay compensation at the rates prescribed in subchapter II of this chapter to those veterans who served during a period of war and during any other time, who have suffered disability in line of duty in each period of service.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1125, § 357; renumbered § 1157 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 357 of this title as this section. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
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# 38 U.S.C. § 1158 - Disappearance
## Text
Where a veteran receiving compensation under this chapter disappears, the Secretary may pay the compensation otherwise payable to the veteran to such veterans spouse, children, and parents. Payments made to such spouse, child, or parent under the preceding sentence shall not exceed the amounts payable to each if the veteran had died from service-connected disability.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1125, § 358; Pub. L. 86212, Sept. 1, 1959, 73 Stat. 436; Pub. L. 94433, title IV, § 404(21), Sept. 30, 1976, 90 Stat. 1379; renumbered § 1158 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 358 of this title as this section. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1976—Pub. L. 94433 struck out “, in his discretion,” after “Administrator” and substituted “such veterans spouse” for “his wife” and “such spouse” for “a wife”. 1959—Pub. L. 86212 substituted “a veteran” for “an incompetent veteran”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
@@ -0,0 +1,45 @@
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# 38 U.S.C. § 1159 - Protection of service connection
## Text
Service connection for any disability or death granted under this title which has been in force for ten or more years shall not be severed on or after January 1, 1962, except upon a showing that the original grant of service connection was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.
(Added Pub. L. 86501, § 1, June 10, 1960, 74 Stat. 195, § 359; amended Pub. L. 87825, § 6, Oct. 15, 1962, 76 Stat. 950; renumbered § 1159 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 359 of this title as this section. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1962—Pub. L. 87825 provided for computation of the period from the date the administrator determines as the date the status commenced for rating purposes.
Statutory Notes and Related Subsidiaries
Effective Date of 1962 AmendmentAmendment by Pub. L. 87825 effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87825, set out as a note under section 110 of this title.
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# 38 U.S.C. § 1160 - Special consideration for certain cases of loss of paired organs or extremities
## Text
(a) Where a veteran has suffered—
(1) impairment of vision in one eye as a result of service-connected disability and impairment of vision in the other eye as a result of non-service-connected disability not the result of the veterans own willful misconduct and—
(A) the impairment of vision in each eye is rated at a visual acuity of 20/200 or less; or
(B) the peripheral field of vision for each eye is 20 degrees or less;
(2) the loss or loss of use of one kidney as a result of service-connected disability and involvement of the other kidney as a result of non-service-connected disability not the result of the veterans own willful misconduct;
(3) deafness compensable to a degree of 10 percent or more in one ear as a result of service-connected disability and deafness in the other ear as the result of non-service-connected disability not the result of the veterans own willful misconduct;
(4) the loss or loss of use of one hand or one foot as a result of service-connected disability and the loss or loss of use of the other hand or foot as a result of non-service-connected disability not the result of the veterans own willful misconduct; or
(5) permanent service-connected disability of one lung, rated 50 percent or more disabling, in combination with a non-service-connected disability of the other lung that is not the result of the veterans own willful misconduct,
the Secretary shall assign and pay to the veteran the applicable rate of compensation under this chapter as if the combination of disabilities were the result of service-connected disability.
(b) If a veteran described in subsection (a) of this section receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the non-service-connected disability described in such subsection, the increase in the rate of compensation otherwise payable under this section shall not be paid for any month following a month in which any such money or property is received until such time as the total of the amount of such increase that would otherwise have been payable equals the total of the amount of any such money received and the fair market value of any such property received.
(Added Pub. L. 87610, § 1, Aug. 28, 1962, 76 Stat. 406, § 360; amended Pub. L. 89311, § 3(a), (b), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 94433, title IV, § 404(22), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98160, title VII, § 702(3), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 99576, title I, § 109(a)(1), Oct. 28, 1986, 100 Stat. 3253; renumbered § 1160 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 107330, title I, § 103, Dec. 6, 2002, 116 Stat. 2821; Pub. L. 110157, title I, § 102, Dec. 26, 2007, 121 Stat. 1831.)
## Notes
Editorial Notes
Amendments2007—Subsec. (a)(1). Pub. L. 110157 substituted “impairment of vision” for “blindness” in two places and “misconduct and—” for “misconduct;” and added subpars. (A) and (B). 2002—Subsec. (a)(3). Pub. L. 107330 substituted “deafness compensable to a degree of 10 percent or more in one ear” for “total deafness in one ear” and “deafness in the other ear” for “total deafness in the other ear”. 1991—Pub. L. 10283, § 5(a), renumbered section 360 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in concluding provisions. 1986—Pub. L. 99576 amended section generally, substituting “loss of paired organs or extremities” for “blindness or bilateral kidney involvement or bilateral deafness” in section catchline. Prior to amendment, text of section read as follows: “Where any veteran (1) has suffered blindness in one eye as a result of service-connected disability and has suffered blindness in the other eye as a result of non-service-connected disability not the result of such veterans own willful misconduct, or (2) has suffered the loss or loss of use of one kidney as a result of service-connected disability, and has suffered severe involvement of the other kidney such as to cause total disability, as a result of non-service-connected disability not the result of such veterans own willful misconduct, or (3) has suffered total deafness in one ear as a result of service-connected disability and has suffered total deafness in the other ear as the result of non-service-connected disability not the result of such veterans own willful misconduct, the Administrator shall assign and pay to the veteran concerned the applicable rate of compensation under this chapter as if such veterans blindness in both eyes or such bilateral kidney involvement were the result of service-connected disability.” 1983—Pub. L. 98160 substituted “(1) has suffered” for “has suffered (1)”. 1976—Pub. L. 94433 substituted “such veterans” for “his” wherever appearing. 1965—Pub. L. 89311 added cl. (3) referring to total deafness in one ear as a result of service-connected disability and total deafness in the other ear as the result of non-service-connected disability not the result of his own willful misconduct, inserted reference to total deafness in both ears and, in section catchline, inserted reference to bilateral deafness.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 AmendmentPub. L. 99576, title I, § 109(c), Oct. 28, 1986, 100 Stat. 3253, provided that: “(1) Except as provided in paragraph (2), the amendments made by this section [amending this section and section 314 [now 1114] of this title] shall take effect on the date of the enactment of this Act [Oct. 28, 1986]. “(2) In the case of an award of compensation for a disability described in clause (1), (2), (3), or (5) of subsection (a) of section 360 [now 1160] of title 38, United States Code, as amended by subsection (a) of this section, subsection (b) of such section shall apply only to awards of compensation made on or after the date of the enactment of this Act [Oct. 28, 1986].”
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1965 AmendmentAmendment by Pub. L. 89311 effective first day of second calendar month following Oct. 31, 1965, see section 9 of Pub. L. 89311, set out as a note under section 1114 of this title.
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# 38 U.S.C. § 1161 - Payment of disability compensation in disability severance cases
## Text
The deduction of disability severance pay from disability compensation, to the extent required by section 1212(d) of title 10, shall be made at a monthly rate not in excess of the rate of compensation to which the former member would be entitled based on the degree of such former members disability as determined on the initial Department rating.
(Added Pub. L. 91241, May 7, 1970, 84 Stat. 203, § 361; amended Pub. L. 94433, title IV, § 404(23), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98160, title VII, § 702(4), Nov. 21, 1983, 97 Stat. 1009; renumbered § 1161 and amended Pub. L. 10283, §§ 4(a)(3), (4), 5(a), Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 110181, div. A, title XVI, § 1646(c), as added Pub. L. 110389, title I, § 103(a)(2), Oct. 10, 2008, 122 Stat. 4148.)
## Notes
Editorial Notes
Amendments2008—Pub. L. 110181, § 1646(c), as added by Pub. L. 110389, § 103(a)(2), substituted “to the extent required by section 1212(d) of title 10” for “as required by section 1212(c) of title 10”. 1991—Pub. L. 10283, § 5(a), renumbered section 361 of this title as this section. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. 1983—Pub. L. 98160 struck out “United States Code,” after “title 10,”. 1976—Pub. L. 94433 substituted “such former members” for “his”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentPub. L. 110389, title I, § 103(b), Oct. 10, 2008, 122 Stat. 4148, provided that: “The amendments made by subsection (a) [adding section 1646(c) to Pub. L. 110181 and provisions set out as a note under section 1212 of Title 10, Armed Forces] shall take effect on January 28, 2008 (the date of the enactment of the Wounded Warrior Act [title XVI of Pub. L. 110181]), as if included in that Act, to which they relate.” Amendment by section 1646(c) of Pub. L. 110181 effective Jan. 28, 2008, and applicable with respect to members of the Armed Forces separated from the Armed Forces under chapter 61 of title 10, United States Code, on or after that date, see section 1646(d) of Pub. L. 110181, set out as a note under section 1212 of Title 10, Armed Forces.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
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# 38 U.S.C. § 1162 - Clothing allowance
## Text
(a) Eligibility Requirements.— The Secretary, under regulations which the Secretary shall prescribe, shall pay a clothing allowance of $716 11 See Special Benefit Allowance Rates note below. per year to each veteran who—
(1) because of a service-connected disability, wears or uses a prosthetic or orthopedic appliance (including a wheelchair) which the Secretary determines tends to wear out or tear the clothing of the veteran; or
(2) uses medication which—
(A) a physician has prescribed for a skin condition which is due to a service-connected disability; and
(B) the Secretary determines causes irreparable damage to the veterans outergarments.
(b) Continuous Nature of Payments.— Payments made to a veteran under subsection (a) shall continue on an automatically recurring annual basis until the earlier of the following:
(1) The date on which the veteran elects to no longer receive such payments.
(2) The date on which the Secretary determines the veteran is no longer eligible pursuant to subsection (c).
(c) Reviews of Claims.— (1) The Secretary shall, in accordance with this subsection, conduct reviews of a claim on which a clothing allowance for a veteran under subsection (a) is based to determine the continued eligibility of the veteran for such allowance.
(2) The Secretary shall prescribe standards for determining whether a claim for a clothing allowance is based on a veterans wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication whose wear or tear or irreparable damage on a veterans outergarments or clothing is as likely as not subject to no change for the duration of such wearing or use.
(3) (A) If the Secretary determines, pursuant to standards prescribed under paragraph (2), that a claim for a clothing allowance is based on wear or tear or irreparable damage that is as likely as not subject to no change, the veteran shall continue to be deemed eligible for receipt of a clothing allowance under this section until the Secretary—
(i) receives notice under subparagraph (B); or
(ii) finds otherwise under subparagraph (C) or (D).
(B) The Secretary shall require a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, to notify the Secretary when the veteran terminates the wearing or use of such a prosthetic, orthopedic appliance, or medication.
(C) For each veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, the Secretary shall periodically review the veterans Department records for evidence that the veteran has terminated the wearing or use of such a prosthetic, orthopedic appliance, or medication.
(D) If a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, has received such clothing allowance beyond the prescribed or intended lifespan of such prosthetic, orthopedic appliance, or medication, the Secretary may periodically request the veteran to attest to continued usage.
(4) If the Secretary determines that a claim for a clothing allowance under subsection (a) does not meet the requirements of paragraph (3)(A), then the Secretary may require the veteran to recertify the veterans continued eligibility for a clothing allowance under this section periodically, but not more frequently than once each year.
(5) When reviewing a claim under this subsection, the Secretary shall evaluate the evidence presented by the veteran and such other relevant evidence as the Secretary determines appropriate.
(d) Determination Regarding Continued Eligibility.— If the Secretary determines, as the result of a review of a claim conducted under subsection (c), that the veteran who submitted such claim no longer meets the requirements specified in subsection (a), the Secretary shall—
(1) provide to the veteran notice of such determination that includes a description of applicable actions that may be taken following the determination, including the actions specified in section 5104C of this title; and
(2) discontinue the clothing allowance based on such claim.
(Added Pub. L. 92328, title I, § 103(a), June 30, 1972, 86 Stat. 394, § 362; amended Pub. L. 9471, title I, § 103, Aug. 5, 1975, 89 Stat. 396; Pub. L. 94433, title III, § 301, title IV, § 404(24), Sept. 30, 1976, 90 Stat. 1377, 1379; Pub. L. 95117, title III, § 301, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95479, title I, § 103, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96128, title I, § 103, Nov. 28, 1979, 93 Stat. 984; Pub. L. 96385, title I, § 103, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 9766, title I, § 103, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97253, title IV, § 405(d), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97306, title I, §§ 103, 107, Oct. 14, 1982, 96 Stat. 1430, 1431; Pub. L. 98223, title I, § 103, Mar. 2, 1984, 98 Stat. 38; Pub. L. 98543, title I, § 103, Oct. 24, 1984, 98 Stat. 2736; Pub. L. 99238, title I, § 103, Jan. 13, 1986, 99 Stat. 1766; Pub. L. 99576, title I, § 103, Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100227, title I, § 103, Dec. 31, 1987, 101 Stat. 1553; Pub. L. 100687, div. B, title XI, § 1103, Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101237, title I, §§ 103, 112, Dec. 18, 1989, 103 Stat. 2063, 2065; Pub. L. 1023, § 4, Feb. 6, 1991, 105 Stat. 8; renumbered § 1162, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102152, § 4, Nov. 12, 1991, 105 Stat. 986; Pub. L. 10378, § 3, Aug. 13, 1993, 107 Stat. 768; Pub. L. 103140, § 4, Nov. 11, 1993, 107 Stat. 1486; Pub. L. 10598, § 4, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 106118, § 4, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 10794, § 4, Dec. 21, 2001, 115 Stat. 901; Pub. L. 107330, title III, § 309(c), Dec. 6, 2002, 116 Stat. 2830; Pub. L. 108454, title III, § 307(c), Dec. 10, 2004, 118 Stat. 3613; Pub. L. 109111, § 2(c), Nov. 22, 2005, 119 Stat. 2363; Pub. L. 109444, § 9(c), Dec. 21, 2006, 120 Stat. 3315; Pub. L. 109461, title X, §§ 1005(c), 1006(b), Dec. 22, 2006, 120 Stat. 3467, 3468; Pub. L. 110324, § 3(c), Sept. 24, 2008, 122 Stat. 3551; Pub. L. 11137, § 3(c), June 30, 2009, 123 Stat. 1929; Pub. L. 117328, div. U, title II, § 201(b), Dec. 29, 2022, 136 Stat. 5446.)
## Notes
Disability Compensation and Dependency and Indemnity Compensation Rate IncreasesFor increases in rates of Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under section 1114 of this title.
Editorial Notes
Amendments2022—Pub. L. 117328 designated existing provisions as subsec. (a) and inserted heading, inserted comma after “The Secretary” in introductory provisions, and added subsecs. (b) to (d). Subsec. (a)(2). Pub. L. 117328, § 201(b)(2), substituted “which— “(A) a physician has prescribed for a skin condition which is due to a service-connected disability; and “(B) the Secretary determines causes irreparable damage to the veterans outergarments.” for “which (A) a physician has prescribed for a skin condition which is due to a service-connected disability, and (B) the Secretary determines causes irreparable damage to the veterans outergarments.” 2009—Pub. L. 11137 substituted “$716” for “$677” in introductory provisions. 2008—Pub. L. 110324 substituted “$677” for “$662” in introductory provisions. 2006—Pub. L. 109461, § 1006(b), provided that as of the enactment of Pub. L. 109461, the amendments made by Pub. L. 109444 were deemed for all purposes not to have taken effect and that Pub. L. 109444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109461, set out as a Coordination of Provisions With Pub. L. 109444 note under section 101 of this title. Pub. L. 109461, § 1005(c), substituted “$662” for “$641”. Pub. L. 109444, which substituted “$662” for “$641”, was terminated by Pub. L. 109461, § 1006(b). See Amendment notes above. 2005—Pub. L. 109111 substituted “$641” for “$600”. 2004—Pub. L. 108454 substituted “$600” for “$588”. 2002—Pub. L. 107330 substituted “$588” for “$580”. 2001—Pub. L. 10794 substituted “$580” for “$546”. 1999—Pub. L. 106118 substituted “$546” for “$528”. 1997—Pub. L. 10598 substituted “$528” for “$478”. 1993—Pub. L. 103140 substituted “$478” for “$466”. Pub. L. 10378 substituted “$466” for “$452”. 1991—Pub. L. 102152 substituted “$452” for “$436”. Pub. L. 10283 renumbered section 362 of this title as this section. Pub. L. 1023 substituted “$436” for “$414”. 1989—Pub. L. 101237, § 112, substituted “Secretary under” for “Administrator under” and “Secretary shall” for “Administrator shall”, and substituted “who—” and pars. (1) and (2) for “who because of disability which is compensable under the provisions of this chapter, wears or uses prosthetic or orthopedic appliance or appliances (including a wheelchair) which the Administrator determines tends to wear out or tear the clothing of such a veteran.” Pub. L. 101237, § 103, substituted “$414” for “$395”. 1988—Pub. L. 100687 substituted “$395” for “$380”. 1987—Pub. L. 100227 substituted “$380” for “$365”. 1986—Pub. L. 99576 substituted “$365” for “$360”. Pub. L. 99238 substituted “$360” for “$349”. 1984—Pub. L. 98543 substituted “$349” for “$338”. Pub. L. 98223 substituted “$338” for “$327”. 1982—Pub. L. 97306, §§ 103, 107, 108, substituted “$327” for “$305” and repealed amendment made by Pub. L. 97253, § 405(d), eff. Oct. 1, 1982. Pub. L. 97253, § 405(d), (h), eff. Jan. 1, 1983, substituted “$304” for “$305” after “clothing allowance of”. 1981—Pub. L. 9766 substituted “$305” for “$274”. 1980—Pub. L. 96385 substituted “$274” for “$240”. 1979—Pub. L. 96128 substituted “$240” for “$218”. 1978—Pub. L. 95479 substituted “$218” for “$203”. 1977—Pub. L. 95117 substituted “$203” for “$190”. 1976—Pub. L. 94433, §§ 301, 404(24), substituted “$190” for “$175” and “the Administrator shall prescribe” for “he shall prescribe”. 1975—Pub. L. 9471 substituted “$175” for “$150”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentPub. L. 117328, div. U, title II, § 201(c), Dec. 29, 2022, 136 Stat. 5447, provided that: “The amendments made by subsection (b) [amending this section] shall apply with respect to— “(1) claims for clothing allowance submitted on or after the date of the enactment of this Act [Dec. 29, 2022]; and “(2) claims for clothing allowance submitted prior to the date of the enactment of this Act, if the veteran who submitted such claim is in receipt of the clothing allowance as of the date of the enactment of this Act.”
Effective Date of 2009 AmendmentAmendment by Pub. L. 11137 effective Dec. 1, 2008, see section 3(g) of Pub. L. 11137, set out as a note under section 1114 of this title.
Effective Date of 2008 AmendmentAmendment by Pub. L. 110324 effective Dec. 1, 2007, see section 3(f) of Pub. L. 110324, set out as a note under section 1114 of this title.
Effective Date of 2005 AmendmentAmendment by Pub. L. 109111 effective Dec. 1, 2005, see section 2(f) of Pub. L. 109111, set out as a note under section 1114 of this title.
Effective Date of 2001 AmendmentAmendment by Pub. L. 10794 effective Dec. 1, 2001, see section 7 of Pub. L. 10794, set out as a note under section 1114 of this title.
Effective Date of 1999 AmendmentAmendment by Pub. L. 106118 effective Dec. 1, 1999, see section 7 of Pub. L. 106118, set out as a note under section 1114 of this title.
Effective Date of 1997 AmendmentAmendment by Pub. L. 10598 effective Dec. 1, 1997, see section 7 of Pub. L. 10598, set out as a note under section 1114 of this title.
Effective Date of 1993 AmendmentAmendment by Pub. L. 103140 effective Dec. 1, 1993, see section 7 of Pub. L. 103140, set out as a note under section 1114 of this title.
Effective Date of 1991 AmendmentsAmendment by Pub. L. 102152 effective Dec. 1, 1991, see section 7 of Pub. L. 102152, set out as a note under section 1114 of this title. Amendment by Pub. L. 1023 effective Jan. 1, 1991, see section 7 of Pub. L. 1023, set out as a note under section 1114 of this title.
Effective Date of 1989 AmendmentAmendment by section 103 of Pub. L. 101237 effective Dec. 1, 1989, see section 106 of Pub. L. 101237, set out as a note under section 1114 of this title.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100687, set out as a note under section 1114 of this title.
Effective Date of 1987 AmendmentAmendment by Pub. L. 100227 effective Dec. 1, 1987, see section 107 of Pub. L. 100227, set out as a note under section 1114 of this title.
Effective Date of 1986 AmendmentsAmendment by Pub. L. 99576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99576, set out as a note under section 1114 of this title. Amendment by Pub. L. 99238 effective Dec. 1, 1985, see section 107 of Pub. L. 99238, set out as a note under section 1114 of this title.
Effective Date of 1984 AmendmentsAmendment by Pub. L. 98543 effective Dec. 1, 1984, see section 107 of Pub. L. 98543, set out as a note under section 1114 of this title. Amendment by Pub. L. 98223 effective Apr. 1, 1984, see section 107 of Pub. L. 98223, set out as a note under section 1114 of this title.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97306 effective Oct. 1, 1982, see section 108 of Pub. L. 97306, set out as a note under section 1114 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9766 effective Oct. 1, 1981, see section 701(a) of Pub. L. 9766, set out as a note under section 1114 of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96385 applicable only to payments for months beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96385, set out as a note under section 1114 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 96128 effective Oct. 1, 1979, see section 601(a)(1) of Pub. L. 96128, set out as a note under section 1114 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95479, set out as a note under section 1114 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95117 effective Oct. 1, 1977, see section 501 of Pub. L. 95117, set out as a note under section 1114 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1975 AmendmentAmendment by Pub. L. 9471 effective Aug. 1, 1975, see section 301 of Pub. L. 9471, set out as a note under section 1114 of this title.
Effective DateSection effective first day of second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92328, set out as an Effective Date of 1972 Amendment note under section 1114 of this title.
RepealSection 405(d) of Pub. L. 97253, cited as a credit to this section, was repealed by Pub. L. 97306, §§ 107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.
Special Benefit Allowance RatesFor current VA special benefit allowance rates, see https://www.va.gov/disability/compensation-rates/special-benefit-allowance-rates/
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# 38 U.S.C. § 1163 - Trial work periods and vocational rehabilitation for certain veterans with total disability ratings
## Text
(a) (1) The disability rating of a qualified veteran who begins to engage in a substantially gainful occupation after January 31, 1985, may not be reduced on the basis of the veteran having secured and followed a substantially gainful occupation unless the veteran maintains such an occupation for a period of 12 consecutive months.
(2) For purposes of this section, the term “qualified veteran” means a veteran who has a service-connected disability, or service-connected disabilities, not rated as total but who has been awarded a rating of total disability by reason of inability to secure or follow a substantially gainful occupation as a result of such disability or disabilities.
(b) The Secretary shall make counseling services described in section 3104(a)(2) of this title and placement and postplacement services described in section 3104(a)(5) of this title available to each qualified veteran (whether or not the veteran is participating in a vocational rehabilitation program under chapter 31 of this title).
(c) (1) In the case of each award after January 31, 1985, of a rating of total disability described in subsection (a)(2) of this section to a veteran, the Secretary shall provide to the veteran, at the time that notice of the award is provided to the veteran, a statement providing—
(A) notice of the provisions of this section;
(B) information explaining the purposes and availability of and eligibility for, and the procedures for pursuing, a vocational rehabilitation program under chapter 31 of this title; and
(C) a summary description of the scope of services and assistance available under that chapter.
(2) After providing the notice required under paragraph (1) of this subsection, the Secretary shall offer the veteran the opportunity for an evaluation under section 3106(a) of this title.
(Added Pub. L. 98543, title I, § 111(a)(1), Oct. 24, 1984, 98 Stat. 2738, § 363; amended Pub. L. 100687, div. B, title XIII, § 1301, Nov. 18, 1988, 102 Stat. 4127; renumbered § 1163 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 102291, § 2(a), May 20, 1992, 106 Stat. 178; Pub. L. 102568, title IV, § 401(a)(d)(1), Oct. 29, 1992, 106 Stat. 4336.)
## Notes
Editorial Notes
Amendments1992—Pub. L. 102568, § 401(d)(1), substituted “Trial work periods and vocational rehabilitation for certain veterans with total disability ratings” for “Temporary program for trial work periods and vocational rehabilitation for certain veterans with total disability ratings” as section catchline. Subsec. (a)(1). Pub. L. 102568, § 401(a)(1), substituted “after January 31, 1985,” for “during the program period”. Subsec. (a)(2). Pub. L. 102568, § 401(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For purposes of this section: “(A) The term qualified veteran means a veteran who has a service-connected disability, or service-connected disabilities, not rated as total but who has been awarded a rating of total disability by reason of inability to secure or follow a substantially gainful occupation as a result of such disability or disabilities. “(B) The term program period means the period beginning on February 1, 1985, and ending on December 31, 1992.” Pub. L. 102291 substituted “December 31, 1992” for “January 31, 1992” in subpar. (B). Subsec. (b). Pub. L. 102568, § 401(b), substituted “The Secretary” for “During the program period, the Secretary”. Subsec. (c)(1). Pub. L. 102568, § 401(c), substituted “after January 31, 1985, of a rating of total disability described in subsection (a)(2)” for “during the program period of a rating of total disability described in subsection (a)(2)(A)”. 1991—Pub. L. 10283, § 5(a), renumbered section 363 of this title as this section. Subsec. (b). Pub. L. 10283, § 5(c)(1), substituted “3104(a)(2)” for “1504(a)(2)” and “3104(a)(5)” for “1504(a)(5)”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (c). Pub. L. 10283, § 5(c)(1), substituted “3106(a)” for “1506(a)” in par. (2). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in pars. (1) and (2). 1988—Subsec. (a)(2)(B). Pub. L. 100687, § 1301(a), substituted “1992” for “1989”. Subsec. (c)(1). Pub. L. 100687, § 1301(b)(2), (3), substituted “(1) In” for “(1)(A) Except as provided in paragraph (4) of this subsection, in”, redesignated cls. (i), (ii), and (iii) as subpars. (A), (B), and (C), respectively, and struck out former subpar. (B) which required that, after providing notice, Administrator arrange promptly for evaluation to determine whether achievement of vocational goal by veteran is feasible. Subsec. (c)(2). Pub. L. 100687, § 1301(b)(1), (3)(B), added par. (2) and struck out former par. (2) which related to failure of veteran to participate in evaluation, and reduction of disability rating. Subsec. (c)(3). Pub. L. 100687, § 1301(b)(1), struck out par. (3) which related to individualized written plan of vocational rehabilitation after completion of evaluation, and failure to pursue program of vocational rehabilitation described in such plan. Subsec. (c)(4). Pub. L. 100687, § 1301(b)(1), struck out par. (4) which read as follows: “This subsection does not apply with respect to a veteran as to whom the Administrator determines that an evaluation of vocational rehabilitation potential or achievement of a vocational goal is not reasonably feasible.”
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentPub. L. 102291, § 2(d), May 20, 1992, 106 Stat. 178, provided that: “The amendments made by subsections (a) through (c) [amending this section and sections 1524 and 1525 of this title] shall take effect as of January 31, 1992.”
Ratification of Actions of Secretary of Veterans Affairs During Lapsed PeriodPub. L. 102291, § 2(e), May 20, 1992, 106 Stat. 178, provided that: “The following actions of the Secretary of Veterans Affairs during the period beginning on February 1, 1992, and ending on the date of the enactment of this Act [May 20, 1992] are hereby ratified with respect to that period: “(1) A failure to reduce the disability rating of a veteran who began to engage in a substantially gainful occupation during that period. “(2) The provision of a vocational training program (including related evaluations and other related services) to a veteran under section 1524 of title 38, United States Code, and the making of related determinations under that section. “(3) The provision of health care and services to a veteran pursuant to section 1525 of title 38, United States Code.”
Information; Temporary Program; AdministratorPub. L. 98543, title I, § 111(b), Oct. 24, 1984, 98 Stat. 2739, directed Administrator of Veterans Affairs to provide, not later than Apr. 1, 1985, to certain veterans with service-connected disabilities, a statement containing information explaining subsec. (b) of this section, information explaining purposes and availability of and eligibility for, and procedures for pursuing, a vocational rehabilitation program under chapter 31 of this title, and a summary description of scope of services and assistance available under chapter 31.
Report to Congressional Committees; Trial ProgramPub. L. 98543, title I, § 111(c), Oct. 24, 1984, 98 Stat. 2739, as amended by Pub. L. 99576, title VII, § 703(a)(2), Oct. 28, 1986, 100 Stat. 3303, directed Administrator of Veterans Affairs to submit, not later than Apr. 15, 1988, to Committees on Veterans Affairs of Senate and House of Representatives a report on results of implementation of this section during the three-year period beginning on Feb. 1, 1985.
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# 38 U.S.C. § 1164 - Presumptions of service-connection for Coronavirus Disease 2019
## Text
(a) Presumptions Generally.— (1) For purposes of laws administered by the Secretary and subject to section 1113 of this title, if symptoms of Coronavirus Disease 2019 (in this section referred to as “COVID19”) described in subsection (d) manifest within one of the manifestation periods described in paragraph (2) in an individual who served in a qualifying period of duty described in subsection (b)—
(A) infection with severe acute respiratory syndrome coronavirus 2 (in this section referred to as “SARSCoV2”) shall be presumed to have occurred during the qualifying period of duty;
(B) COVID19 shall be presumed to have been incurred during the qualifying period of duty; and
(C) if the individual becomes disabled or dies as a result of COVID19, it shall be presumed that the individual became disabled or died during the qualifying period of duty for purposes of establishing that the individual served in the active military, naval, or air service.
(2) (A) The manifestation periods described in this paragraph are the following:
(i) During a qualifying period of duty described in subsection (b), if that period of duty was more than 48 continuous hours in duration.
(ii) Within 14 days after the individuals completion of a qualifying period of duty described in subsection (b).
(iii) An additional period prescribed under subparagraph (B).
(B) (i) If the Secretary determines that a manifestation period of more than 14 days after completion of a qualifying period of service is appropriate for the presumptions under paragraph (1), the Secretary may prescribe that additional period by regulation.
(ii) A determination under clause (i) shall be made in consultation with the Director of the Centers for Disease Control and Prevention.
(b) Qualifying Period of Duty Described.— A qualifying period of duty described in this subsection is—
(1) a period of active duty performed—
(A) during the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.); and
(B) before the date that is three years after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020; or
(2) training duty under title 10 or full-time National Guard duty (as defined in section 101 of title 10), performed under orders issued on or after March 13, 2020—
(A) during the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.); and
(B) before the date that is three years after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020.
(c) Application of Presumptions for Training Duty.— When, pursuant to subsection (a), COVID19 is presumed to have been incurred during a qualifying period of duty described in subsection (b)(2)—
(1) COVID19 shall be deemed to have been incurred in the line of duty during a period of active military, naval, or air service; and
(2) where entitlement to benefits under this title is predicated on the individual who was disabled or died being a veteran, benefits for disability or death resulting from COVID19 as described in subsection (a) shall be paid or furnished as if the individual was a veteran, without regard to whether the period of duty would constitute active military, naval, or air service under section 101 of this title.
(d) Symptoms of COVID19.— For purposes of subsection (a), symptoms of COVID19 are those symptoms that competent medical evidence demonstrates are experienced by an individual affected and directly related to COVID19.
(e) Medical Examinations and Opinions.— If there is a question of whether the symptoms experienced by an individual described in paragraph (1) of subsection (a) during a manifestation period described in paragraph (2) of such subsection are attributable to COVID19 resulting from infection with SARSCoV2 during the qualifying period of duty, in determining whether a medical examination or medical opinion is necessary to make a decision on the claim within the meaning of section 5103A(d) of this title, a qualifying period of duty described in subsection (b) of this section shall be treated as if it were active military, naval, or air service for purposes of section 5103A(d)(2)(B) of this title.
(Added Pub. L. 116315, title IV, § 4101(a), Jan. 5, 2021, 134 Stat. 5006.)
## Notes
Editorial Notes
References in TextThe National Emergencies Act, referred to in subsec. (b)(1)(A), (2)(A), is Pub. L. 94412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables. The date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, referred to in subsec. (b)(1)(B), (2)(B), is the date of enactment of Pub. L. 116315, which was approved Jan. 5, 2021.
Codification Another section 1164 was renumbered section 1166 of this title.
Statutory Notes and Related Subsidiaries
Medical Opinions for Certain Veterans With Service-Connected Disabilities Who Die of COVID19Pub. L. 117328, div. U, title II, § 202(a), (b), Dec. 29, 2022, 136 Stat. 5447, provided that: “(a) In General.—The Secretary of Veterans Affairs shall secure a medical opinion to determine if a service-connected disability was the principal or contributory cause of death before notifying the survivor of the final decision in any case in which all of the following factors are met:“(1) A claim for compensation is filed under chapter 13 of title 38, United States Code, with respect to a veteran with one or more service-connected disabilities who dies. “(2) The death certificate for the veteran identifies Coronavirus Disease 2019 (COVID19) as the principal or contributory cause of death. “(3) The death certificate does not clearly identify any of the service-connected disabilities of the veteran as the principal or contributory cause of death. “(4) A service-connected disability of the veteran includes a condition more likely to cause severe illness from COVID19 as determined by the Centers for Disease Control and Prevention. “(5) The claimant is not entitled to benefits under section 1318 of such title. “(6) The evidence to support the claim does not result in a preliminary finding in favor of the claimant. “(b) Outreach.—The Secretary shall provide information to veterans, dependents, and veterans service organizations about applying to dependency and indemnity compensation when a veteran dies from COVID19. The Secretary shall provide such information through the website of the Department of Veterans Affairs and via other outreach mechanisms.”
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# 38 U.S.C. § 1165 - Choice of sex of medical examiner for certain disabilities
## Text
(a) In General.— The Secretary shall ensure that a veteran who requires a medical examination from a covered medical provider in support of a claim for compensation under this chapter for a mental or physical health condition that resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment may designate the sex of the medical provider who provides such medical examination.
(b) Covered Medical Providers.— For purposes of this section, a covered medical provider is any medical provider who is employed by the Department or is under any contract with the Department to provide a medical examination or a medical opinion when such an examination or opinion is necessary to make a decision on a claim.
(c) Notice.— Before providing any medical examination for a veteran in support for a claim described in subsection (a), the Secretary shall notify the veteran of the veterans rights under subsection (a).
(Added Pub. L. 116315, title V, § 5502(a), Jan. 5, 2021, 134 Stat. 5050.)
@@ -0,0 +1,77 @@
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# 38 U.S.C. § 1166 - Claims involving military sexual trauma
## Text
(a) Processing.— (1) The Secretary shall establish specialized teams to process claims for compensation for a covered mental health condition based on military sexual trauma experienced by a veteran during active military, naval, air, or space service.
(2) A peer support specialist of the Department—
(A) shall not be responsible for providing any assistance to a veteran regarding a claim described in paragraph (1), other than counseling services, guidance, and support, pursuant to duties determined by the Under Secretary for Health; and
(B) shall not participate in the adjudication of such a claim.
(b) Referrals to MST Coordinators.— The Secretary shall include, in forms for claims described in subsection (a), an option for a veteran to elect to be referred to a military sexual trauma coordinator of the Veterans Health Administration at the facility of the Department nearest to the residence of such veteran.
(c) Training.— (1) The Secretary shall ensure that members of teams established under subsection (a) are trained to identify markers indicating military sexual trauma.
(2) The Secretary shall ensure that peer support specialists of the Department receive annual training on how to provide peer support regarding military sexual trauma.
(3) The Secretary shall provide annual training, regarding the processing of claims described in subsection (a), to the following individuals:
(A) Military sexual trauma coordinators of the Veterans Health Administration.
(B) Peer support specialists of the Department.
(d) Definitions.— In this section:
(1) The term “covered mental health condition” means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association that the Secretary determines to be related to military sexual trauma.
(2) The term “military sexual trauma” means, with respect to a veteran, a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment during active military, naval, air, or space service.
(Added Pub. L. 116315, title V, § 5501(a)(1), Jan. 5, 2021, 134 Stat. 5048, § 1164; renumbered § 1166 and amended Pub. L. 11716, § 7(a)(1), (b)(4)(A), June 8, 2021, 135 Stat. 284, 285; Pub. L. 117271, § 1(a), (b)(1), Dec. 27, 2022, 136 Stat. 4179, 4180.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117271, § 1(b)(1), substituted “Claims” for “Specialized teams to evaluate claims” in section catchline. Subsec. (a). Pub. L. 117271, § 1(a)(2)(B), (C), designated existing provisions as par. (1) and added par. (2). Pub. L. 117271, § 1(a)(1), (2)(A), substituted “Processing” for “In General” in heading and “air, or space service” for “or air service” in text. Subsec. (b). Pub. L. 117271, § 1(a)(4), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 117271, § 1(a)(5), designated existing provisions as par. (1) and added pars. (2) and (3). Pub. L. 117271, § 1(a)(3), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (c)(2). Pub. L. 117271, § 1(a)(1), substituted “air, or space service” for “or air service”. Subsec. (d). Pub. L. 117271, § 1(a)(3), redesignated subsec. (c) as (d). 2021—Pub. L. 11716, § 7(b)(4)(A), made technical correction to directory language of Pub. L. 116315, § 5501(a)(1), which enacted this section. Pub. L. 11716, § 7(a)(1), renumbered section 1164 of this title, relating to specialized teams to evaluate claims involving military sexual trauma, as this section.
Statutory Notes and Related Subsidiaries
Military Sexual Trauma Claims CoordinationPub. L. 117303, Dec. 27, 2022, 136 Stat. 4387, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the MST Claims Coordination Act. “SEC. 2. VETERANS HEALTH ADMINISTRATION AND VETERANS BENEFITS ADMINISTRATION COORDINATION FOR CERTAIN CLAIMS ARISING FROM MILITARY SEXUAL TRAUMA.“(a) Coordinated Provision of Materials.—“(1) Required materials.—During or immediately after each covered event, and together with each covered document, in a claim for compensation arising from military sexual trauma experienced by a covered individual, the Under Secretary for Benefits of the Veterans Benefits Administration, in coordination with the Under Secretary for Health of the Veterans Health Administration, shall provide, to the covered individual—“(A) outreach letters; “(B) information on the Veterans Crisis Line; “(C) information on how to make an appointment with a mental health provider; and “(D) other information on available resources relating to military sexual trauma (including information on military sexual trauma coordinators of the Veterans Health Administration, mental health providers trained in military sexual trauma issues, and peer support specialists). “(2) Format of materials.—Materials described in paragraph (1) may be provided electronically. “(b) Automatic Notification System.—In a claim for compensation arising from military sexual trauma experienced by a veteran, if the veteran is enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code, and consents to the notification system under this subsection, the Under Secretary for Benefits shall automatically notify the Under Secretary for Health shortly before the veteran—“(1) participates in any covered event; or “(2) receives any covered document. “(c) Implementation Deadline.—The Secretary of Veterans Affairs shall implement this Act not later than 18 months after the date of the enactment of this Act [Dec. 27, 2022]. “(d) Definitions.—In this section:“(1) The term compensation has the meaning given that term in section 101 of title 38, United States Code. “(2) The term covered document means a determination (including a rating determination) that the Secretary of Veterans Affairs provides to the claimant in connection with a claim for compensation. “(3) The term covered event includes, with respect to a claim for compensation—“(A) a medical examination under section 5103A of title 38, United States Code; “(B) a hearing before the Board of Veterans Appeals under section 7107 of such title; and “(C) any other event determined relevant by the Secretary of Veterans Affairs. “(4) The term covered individual means a former member of the Armed Forces (as that term is defined in section 1720D of title 38, United States Code) who elects to receive materials under subsection (a). “(5) The term military sexual trauma has the meaning given that term in section 1166 of title 38, United States Code. “(6) The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code.”
Review of Language and Practices Used in Connection With Claims Involving Military Sexual TraumaPub. L. 117300, § 2, Dec. 27, 2022, 136 Stat. 4379, provided that: “(a) Board of Veterans Appeals.—“(1) In general.— [Amended section 7112 of this title.] “(2) Clerical amendments.—“(A) Section heading.— [Amended section 7112 of this title.] “(B) Table of sections.— [Amended analysis preceding section 7101 of this title.] “(b) Audit and Modification of Denial Letters.—“(1) Requirement.—The Secretary of Veterans Affairs shall conduct an audit of the language used in letters sent to individuals to explain the decision by the Secretary to deny covered claims. Not later than 180 days after the date of the enactment of this Act [Dec. 27, 2022], the Secretary shall modify the letters to ensure that—“(A) the letters use trauma-informed language; and “(B) veterans are not re-traumatized through insensitive language. “(2) Consultation.—The Secretary shall carry out paragraph (1) in consultation with veterans service organizations and other stakeholders as the Secretary determines appropriate. “(c) Examinations.—The Secretary shall establish protocols for Department of Veterans Affairs medical providers and contract medical providers to ensure that the medical providers conduct examinations regarding covered claims using trauma-informed practices. “(d) Definitions.—In this section:“(1) The term compensation has the meaning given that term in section 101 of title 38, United States Code. “(2) The term contract medical provider means a medical provider who contracts with the Department of Veterans Affairs to provide a medical examination or a medical opinion when such an examination or opinion is necessary to make a decision on a claim under the laws administered by the Secretary of Veterans Affairs. “(3) The term covered claim means a claim for compensation based on military sexual trauma experienced by a veteran. “(4) The term military sexual trauma has the meaning given that term in section 1166 of title 38, United States Code. “(5) The term trauma-informed means, with respect to language or practices, using language or carrying out practices in a manner that—“(A) is based on a knowledge of the awareness of the prevalence and impact of trauma on the physical, emotional, and mental health of an individual, the behaviors of the individual, and the engagement by the individual to services; “(B) is aimed at ensuring environments and services are welcoming and engaging to the individual who receives such services and the staff who provide such services; and “(C) ensures that the language or practices do not retraumatize the individual.”
[Amended section 7112 of this title.]
[Amended section 7112 of this title.]
[Amended analysis preceding section 7101 of this title.]
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# 38 U.S.C. § 1167 - Mental health consultations
## Text
(a) In General.— Not later than 30 days after the date on which a veteran submits to the Secretary a claim for compensation under this chapter for a service-connected disability relating to a mental health diagnosis, the Secretary shall offer the veteran a mental health consultation to assess the mental health needs of, and care options for, the veteran.
(b) Availability.— The Secretary shall—
(1) offer a veteran a consultation under subsection (a) without regard to any previous denial or approval of a claim of that veteran for a service-connected disability relating to a mental health diagnosis; and
(2) ensure that a veteran offered a mental health consultation under subsection (a) may elect to receive such consultation during the one-year period beginning on the date on which the consultation is offered or during such longer period beginning on such date as the Secretary considers appropriate.
(c) Rule of Construction.— A consultation provided to a veteran under this section shall not be construed as a determination that any disability of such veteran is service-connected for the purposes of any benefit under the laws administered by the Secretary.
(Added Pub. L. 117328, div. V, title IV, § 404(a)(1), Dec. 29, 2022, 136 Stat. 5512.)
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# 38 U.S.C. § 1167 - Outreach pursuant to changes in presumptions of service connection
## Text
(a) In General.— Whenever a law, including through a regulation or Federal court decision or settlement, establishes or modifies a presumption of service connection, the Secretary shall—
(1) identify all claims for compensation under this chapter that—
(A) were submitted to the Secretary;
(B) were evaluated and denied by the Secretary before the date on which such provision of law went into effect; and
(C) might have been evaluated differently had the establishment or modification been applicable to the claim; and
(2) pursuant to subsection (b), conduct outreach to the claimants.
(b) Outreach.— (1) The Secretary shall conduct outreach to inform claimants identified under subsection (a) that they may submit a supplemental claim in light of the establishment or modification of a presumption of service connection described in subsection (a).
(2) Outreach under paragraph (1) shall include the following:
(A) The Secretary shall publish on the internet website of the Department a notice that such veterans may elect to file a supplemental claim.
(B) The Secretary shall notify, in writing or by electronic means, veterans service organizations of the ability of such veterans to file a supplemental claim.
(C) The Secretary shall contact each claimant identified under subsection (a) in the same manner that the Department last provided notice of a decision.
(Added Pub. L. 117168, title II, § 203(a), Aug. 10, 2022, 136 Stat. 1775.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 117168, title II, § 203(b), Aug. 10, 2022, 136 Stat. 1776, provided that: “Section 1167 of title 38, United States Code, as added by subsection (a), shall apply with respect to presumptions of service connection established or modified on or after the date of the enactment of this Act [Aug. 10, 2022], including pursuant to amendments made by this Act [see Short Title of 2022 Amendment note set out under section 101 of this title].”
Rule of ConstructionPub. L. 117168, title II, § 203(c), Aug. 10, 2022, 136 Stat. 1776, provided that: “Nothing in this section [enacting this section and provisions set out as a note above] shall be construed as— “(1) modifying the obligations of the Department of Veterans Affairs under Federal court decisions or settlements in effect as of the date of the enactment of this Act [Aug. 10, 2022]; or “(2) requiring a retroactively applied effective date of a supplemental claim earlier than the date a presumption of service connection is established or modified.”
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# 38 U.S.C. § 1168 - Medical nexus examinations for toxic exposure risk activities
## Text
(a) Medical Examinations and Medical Opinions.— (1) Except as provided in subsection (b), if a veteran submits to the Secretary a claim for compensation for a service-connected disability under section 1110 of this title with evidence of a disability and evidence of participation in a toxic exposure risk activity during active military, naval, air, or space service, and such evidence is not sufficient to establish a service connection for the disability, the Secretary shall—
(A) provide the veteran with a medical examination under section 5103A(d) of this title; and
(B) obtain a medical opinion (to be requested by the Secretary in connection with the medical examination under subparagraph (A)) as to whether it is at least as likely as not that there is a nexus between the disability and the toxic exposure risk activity.
(2) When providing the Secretary with a medical opinion under paragraph (1)(B) for a veteran, the health care provider shall consider—
(A) the total potential exposure through all applicable military deployments of the veteran; and
(B) the synergistic, combined effect of all toxic exposure risk activities of the veteran.
(3) The requirement under paragraph (2)(B) shall not be construed as requiring a health care provider to consider the synergistic, combined effect of each of the substances, chemicals, and airborne hazards identified in the list under section 1119(b)(2) of this title.
(b) Exception.— Subsection (a) shall not apply if the Secretary determines there is no indication of an association between the disability claimed by the veteran and the toxic exposure risk activity for which the veteran submitted evidence.
(c) Toxic Exposure Risk Activity Defined.— In this section, the term “toxic exposure risk activity” has the meaning given that term in section 1710(e)(4) of this title.
(Added Pub. L. 117168, title III, § 303, Aug. 10, 2022, 136 Stat. 1779.)
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# 38 U.S.C. § 1171 - Procedures to determine presumptions of service connection based on toxic exposure; definitions
## Text
(a) Procedures.— The Secretary shall determine whether to establish, or to remove, presumptions of service connection based on toxic exposure pursuant to this subchapter, whereby—
(1) under section 1172 of this title—
(A) the Secretary provides—
(i) public notice regarding what formal evaluations the Secretary plans to conduct; and
(ii) the public an opportunity to comment on the proposed formal evaluations;
(B) the working group established under subsection (b) of such section provides—
(i) advice to the Secretary on toxic-exposed veterans and cases in which veterans who, during active military, naval, air, or space service, may have experienced a toxic exposure or their dependents may have experienced a toxic exposure while the veterans were serving in the active military, naval, air, or space service;
(ii) recommendations to the Secretary on corrections needed in the Individual Longitudinal Exposure Record to better reflect veterans and dependents described in clause (i); and
(iii) recommendations to the Secretary regarding which cases of possible toxic exposure should be reviewed;
(2) the Secretary provides for formal evaluations of such recommendations under section 1173 of this title and takes into account reports received by the Secretary from the National Academies of Sciences, Engineering, and Medicine under section 1176 of this title; and
(3) the Secretary issues regulations under section 1174 of this title.
(b) Definitions.— In this subchapter:
(1) The term “illness” includes a disease or other condition affecting the health of an individual, including mental and physical health.
(2) The term “Individual Longitudinal Exposure Record” means the data system maintained under section 996 of title 10.
(Added Pub. L. 117168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1767; amended Pub. L. 11960, div. A, title V, § 521(b), Dec. 18, 2025, 139 Stat. 864.)
## Notes
Editorial Notes
Amendments2025—Subsec. (b)(2). Pub. L. 11960 amended par. (2) generally. Prior to amendment, par. (2) defined the term “Individual Longitudinal Exposure Record”.
Statutory Notes and Related Subsidiaries
Correction of Exposure Records by Members of the Armed Forces and VeteransPub. L. 117168, title VIII, § 803, Aug. 10, 2022, 136 Stat. 1802, provided that: “(a) In General.—The Secretary of Veterans Affairs shall coordinate with the Secretary of Defense to provide a means for veterans to update their records as necessary to reflect exposures to occupational or environmental hazards by such member or veteran in the Individual Longitudinal Exposure Record. “(b) Evidence.—“(1) Provision of evidence.—To update a record under subsection (a), a veteran shall provide such evidence as the Secretary of Veterans Affairs considers necessary. “(2) Regulations.—The Secretary of Veterans Affairs shall prescribe by regulation the evidence considered necessary under paragraph (1). “(c) Definitions.—In this section:“(1) Individual longitudinal exposure record.—The term Individual Longitudinal Exposure Record has the meaning given such term in section 1171 of title 38, United States Code, as added by section 202. “(2) Toxic exposure.—The term toxic exposure has the meaning given such term in section 101 of title 38, United States Code, as amended by section 102(b).”
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# 38 U.S.C. § 1172 - Annual notice and opportunity for public comment
## Text
(a) Notice Required.— (1) (A) Not less frequently than once each year, the Secretary shall publish in the Federal Register notice of the formal evaluations that the Secretary plans to conduct pursuant to section 1173 of this title.
(B) Each notice published under subparagraph (A) shall include, for each formal evaluation referred to in the notice, an explanation as to why the military environmental exposures and adverse health outcomes that are the subject of the formal evaluation were chosen by the Secretary for formal evaluation under section 1173 of this title.
(2) (A) With each notice published under paragraph (1), the Secretary shall seek public comment on the military environmental exposures and adverse health outcomes that are the subject of the formal evaluations referred to in the notice.
(B) The Secretary shall—
(i) consider all public comment received under subparagraph (A); and
(ii) publish in the Federal Register a response to the comments received under subparagraph (A).
(3) (A) For each notice published under paragraph (1), the Secretary shall hold an open meeting for members of the public to voice their comments in response to the notice.
(B) To help evaluate presumptions of service connection, the Secretary shall, not less frequently than quarterly, collaborate with, partner with, and give weight to the advice of veterans service organizations and such other stakeholders as the Secretary considers appropriate.
(4) Failure to include a military environmental exposure or adverse health effect in a Federal Register notice published pursuant to subsection (a) shall not preclude the Secretary from initiating a formal evaluation of such exposure or health effect.
(b) Working Group.— (1) The Secretary shall establish a working group within the Department (in this section referred to as the “Working Group”).
(2) The Working Group shall include personnel of the Veterans Health Administration and the Veterans Benefits Administration.
(3) The Secretary shall consult with, and seek the advice of, the Working Group with respect to cases in which—
(A) a veteran may have, during active military, naval, air, or space service, experienced a toxic exposure; or
(B) a dependent of a veteran may have experienced a toxic exposure during the active military, naval, air, or space service of the veteran.
(c) Assessments.— (1) The Working Group shall assess cases of the toxic exposure of veterans and their dependents that occurred during active military, naval, air, or space service, including by conducting ongoing surveillance and reviewing such exposure described in scientific literature, media reports, information from veterans, and information from Congress.
(2) The assessments under paragraph (1) shall cover suspected and known toxic exposures occurring during active military, naval, air, or space service, including by identifying and evaluating new and emerging toxic exposures that are not recognized under existing presumptions of service connection.
(3) The Working Group may conduct an assessment under paragraph (1) in response to a comment received under paragraph (2) or (3) of subsection (a).
(4) The Working Group shall, in consultation with the Secretary of Defense, on a periodic basis, assess the Individual Longitudinal Exposure Record to ensure the accuracy of data collected.
(d) Development of Recommendations.— (1) Following an assessment of a case of the toxic exposure of veterans that occurred during active military, naval, air, or space service under subsection (c), or their dependents, the Working Group may develop a recommendation for formal evaluation under section 1173 of this title to conduct a review of the health effects related to the case of exposure if the Working Group determines that the research may change the current understanding of the relationship between an exposure to an environmental hazard and adverse health outcomes in humans.
(2) Upon receipt of evidence suggesting that previous findings regarding the periods and locations of exposure covered by an existing presumption of service connection are no longer supported, the Working Group may nominate such evidence for formal evaluation under section 1173 of this title to modify the periods and locations.
(e) Reports by the Working Group.— Not less frequently than once each year, the Working Group shall submit to the Secretary, the Committee on Veterans Affairs of the Senate, and the Committee on Veterans Affairs of the House of Representatives, and make publicly available, a report on—
(1) recommendations developed under subsection (d), if any; and
(2) recommendations for such legislative or administrative action as the Working Group considers necessary for the Working Group to be more effective in carrying out the requirements of this section.
(f) Responses by Secretary.— In response to each report submitted under subsection (e), the Secretary shall, not later than 30 days after receiving the report, initiate a formal evaluation pursuant to section 1173 of this title.
(Added Pub. L. 117168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1768.)
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# 38 U.S.C. § 1173 - Formal evaluation of recommendations
## Text
(a) Formal Evaluations.— The Secretary shall establish a process to conduct a formal evaluation with respect to each recommendation made by the Working Group under section 1172 of this title.
(b) Evidence, Data, and Factors.— The Secretary shall ensure that each formal evaluation under subsection (a) covers the following:
(1) Scientific evidence, based on the review of available scientific literature, including human, toxicological, animal, and methodological studies, and other factors.
(2) Claims data, based on the review of claim rate, grant rate, and service connection prevalence, and other factors.
(3) Other factors the Secretary determines appropriate, such as—
(A) the level of disability and mortality caused by the health effects related to the case of toxic exposure being evaluated;
(B) the quantity and quality of the information available and reviewed;
(C) the feasibility of and period for generating relevant information and evidence;
(D) whether such health effects are combat- or deployment-related;
(E) the ubiquity or rarity of the health effects; and
(F) any time frame during which a health effect must become manifest.
(c) Conduct of Evaluations.— (1) The Secretary shall ensure that each formal evaluation under subsection (a)—
(A) reviews scientific evidence in a manner that—
(i) conforms to principles of scientific and data integrity;
(ii) is free from suppression or distortion of scientific or technological findings, data, information, conclusions, or technical results; and
(B) (i) evaluates the likelihood that a positive association exists between an illness and a toxic exposure while serving in the active military, naval, air, or space service; and
(ii) assesses the toxic exposures and illnesses and determines whether the evidence supports a finding of a positive association between the toxic exposure and the illness.
(2) In carrying out paragraph (1)(B)(ii), a formal evaluation under subsection (a) shall include reviewing all relevant data to determine the strength of evidence for a positive association based on the following four categories:
(A) The “sufficient” category, where the evidence is sufficient to conclude that a positive association exists.
(B) The “equipoise and above” category, where the evidence is sufficient to conclude that a positive association is at least as likely as not, but not sufficient to conclude that a positive association exists.
(C) The “below equipoise” category, where the evidence is not sufficient to conclude that a positive association is at least as likely as not, or is not sufficient to make a scientifically informed judgment.
(D) The “against” category, where the evidence suggests the lack of a positive association.
(d) Recommendation for Establishing a Presumption of Service Connection.— Not later than 120 days after the date on which a formal evaluation is commenced, the element of the Department that conducts the evaluation shall submit to the Secretary a recommendation with respect to establishing a presumption of service connection for the toxic exposure and illness, or modifying an existing presumption of service connection, covered by the evaluation.
(Added Pub. L. 117168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1769.)
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# 38 U.S.C. § 1174 - Regulations regarding presumptions of service connection based on toxic exposure
## Text
(a) Action Upon Recommendation.— Not later than 160 days after the date on which the Secretary receives a recommendation to establish or modify a presumption of service connection under section 1173 of this title—
(1) if the Secretary determines, in the discretion of the Secretary, that the presumption, or modification, is warranted, the Secretary shall—
(A) commence issuing regulations in accordance with the provisions of subchapter II of chapter 5 of title 5 (commonly referred to as the Administrative Procedures Act) setting forth the presumption or commence revising regulations to carry out such modification; and
(B) include in such regulations any time frame during which a health effect must become manifest; or
(2) if the Secretary determines, in the discretion of the Secretary, that the presumption, or modification, is not warranted, the Secretary shall publish in the Federal Register a notice of the determination, including the reasons supporting the determination.
(b) Removal of Presumption.— (1) (A) The Secretary may—
(i) issue a regulation to remove an illness from a presumption of service connection previously established pursuant to a regulation issued under subsection (a); and
(ii) issue a regulation to remove a presumption of service connection established pursuant to title IV of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 if the Secretary concludes that evidence suggests the lack of a positive association between the disease and the toxic exposure.
(B) Under subparagraph (A)(ii), the Secretary shall not consider the lack of evidence as sufficient to support a decision for removal of a presumption.
(2) Whenever an illness is removed from regulations pursuant to paragraph (1), or the periods and locations of exposure covered by a presumption of service connection are modified under subsection (a)—
(A) a veteran who was awarded compensation under chapter 11 of this title for such illness on the basis of the presumption provided under such regulations before the effective date of the removal or modification shall continue to be entitled to receive compensation on that basis;
(B) a survivor of a veteran who was awarded dependency and indemnity compensation under chapter 13 of this title for the death of a veteran resulting from such illness on the basis of such presumption shall continue to be entitled to receive dependency and indemnity compensation on such basis; and
(C) no veteran or survivor covered under subparagraph (A) or (B) shall have their compensation reduced solely because of the removal of an illness pursuant to paragraph (1).
(Added Pub. L. 117168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1770.)
## Notes
Editorial Notes
References in TextTitle IV of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (b)(1)(A)(ii), is title IV of Pub. L. 117168, Aug. 10, 2022, 136 Stat. 1780, which enacted section 1120 of this title, amended sections 1112, 1113, 1116, 1117, and 1710 of this title, and enacted provisions set out as notes under sections 101, 1116, and 1120 of this title. For complete classification of title IV to the Code, see Tables.
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# 38 U.S.C. § 1175 - Authority to modify process; congressional oversight
## Text
(a) In General.— The Secretary may modify the process under which the working group established under subsection (b) of section 1172 of this title conducts assessments under such section, the Secretary conducts formal evaluations under section 1173 of this title, and issues regulations under section 1174 of this title if—
(1) such evaluations cover the evidence, data, and factors required by subsection (b) of such section 1173; and
(2) a period of 180 days has elapsed following the date on which the Secretary submits the notice under subsection (b) regarding the modification.
(b) Notice.— If the Secretary proposes to modify the process under which the working group established under subsection (b) of section 1172 of this title conducts assessments under such section, the process under which the Secretary conducts formal evaluations under section 1173 of this title, or issues regulations under section 1174 of this title, the Secretary shall submit to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives a notice of the proposed modifications containing the following:
(1) A description of the proposed modifications.
(2) A description of any exceptions to the requirements of such sections that are proposed because of limited available scientific evidence, and a description of how such evaluations will be conducted.
(Added Pub. L. 117168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1771.)
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# 38 U.S.C. § 1176 - Agreement with National Academies of Sciences, Engineering, and Medicine concerning toxic exposures
## Text
(a) Purpose.— The purpose of this section is to provide for the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the “Academies”), an independent nonprofit scientific organization with appropriate expertise that is not part of the Federal Government, to review and evaluate the available scientific evidence regarding associations between diseases and toxic exposures.
(b) Agreement.— (1) The Secretary shall seek to enter into a five-year agreement with the Academies to perform the services covered by this section.
(2) The Secretary shall seek to enter into an agreement described in paragraph (1) not later than 60 days after the date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022.
(3) An agreement under this section may be extended in five-year increments.
(c) Review of Scientific Evidence.— Under an agreement between the Secretary and the Academies under this section, the Academies shall review and summarize the scientific evidence, and assess the strength thereof, concerning the association between toxic exposures during active military, naval, air, or space service and each disease suspected to be associated with such exposure in the human population.
(d) Scientific Determinations Concerning Diseases.— For each disease reviewed under subsection (c), the Academies shall determine, to the extent that available scientific data permit meaningful determinations—
(1) whether an association exists between toxic exposures and the occurrence of the disease, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect the association;
(2) the increased risk of the disease among those reporting toxic exposures during active military, naval, air, or space service;
(3) whether there exists a plausible biological mechanism or other evidence of a positive association between the toxic exposure and the occurrence of the disease; and
(4) determine the strength of evidence for a positive association based on categories furnished under section 1173 of this title.
(e) Cooperation of Federal Agencies.— The head of each relevant Federal agency, including the Secretary of Defense, shall cooperate fully with the Academies in performing the services covered by this section.
(f) Recommendations for Additional Scientific Studies.— (1) Under an agreement between the Secretary and the Academies under this section, the Academies shall make any recommendations for additional scientific studies to resolve areas of continuing scientific uncertainty relating to toxic exposures.
(2) In making recommendations under paragraph (1), the Academies shall consider—
(A) the scientific information that is available at the time of the recommendation;
(B) the value and relevance of the information that could result from additional studies; and
(C) the cost and feasibility of carrying out such additional studies.
(g) Reports.— (1) (A) Under an agreement between the Secretary and the Academies under this section, not later than one year after the date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, the Academies shall submit to the Secretary, the Committee on Veterans Affairs of the Senate, and the Committee on Veterans Affairs of the House of Representatives an initial report on the activities of the Academies under the agreement.
(B) The report submitted under subparagraph (A) shall include the following:
(i) The determinations described in subsection (d).
(ii) A full explanation of the scientific evidence and reasoning that led to such determinations.
(iii) Any recommendations of the Academies under subsection (f).
(2) Under an agreement between the Secretary and the Academies under this section, not less frequently than once every two years after the date on which the initial report is submitted under paragraph (1)(A), the Academies shall submit to the Secretary, the Committee on Veterans Affairs of the Senate, and the Committee on Veterans Affairs of the House of Representatives an updated report on the activities of the Academies under the agreement.
(h) Alternative Contract Scientific Organization.— (1) If the Secretary is unable within the time period prescribed in subsection (b)(2) to enter into an agreement with the Academies for the purposes of this section on terms acceptable to the Secretary, the Secretary shall seek to enter into an agreement for the purposes of this section with another appropriate scientific organization that—
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to that of the Academies.
(2) If the Secretary enters into an agreement with another organization as described in paragraph (1), any reference in this subchapter to the Academies shall be treated as a reference to the other organization.
(Added Pub. L. 117168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1772.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsecs. (b)(2) and (g)(1)(A), is the date of enactment of Pub. L. 117168, which was approved Aug. 10, 2022.