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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 38 U.S.C. § 1168 Medical nexus examinations for toxic exposure risk activities us united_states_code code_section 38 VETERANS BENEFITS 11 COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH 1168 38 U.S.C. § 1168 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip /us/usc/t38/s1168 data/legal/raw/us/code/title-38/usc38.xml 91ce5335699b35a33a225c9ea33b771df64e9ee425c81e460cca8d1ffe3fc0ce 372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66 511d74d5b5ad95794bed395f7693d100fc611ba11ad4040c3dcf11121dee9120 2026-07-04 official
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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.)