republic-os/legal/us/code/title-38/chapter-11/section-1174.md

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LegalText	38 U.S.C. § 1174	Regulations regarding presumptions of service connection based on toxic exposure	us	united_states_code	code_section	38	VETERANS’ BENEFITS	11	COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH	1174	38 U.S.C. § 1174	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/s1174	data/legal/raw/us/code/title-38/usc38.xml	db8990b0f1fefdfdc8e5eab7dd00b37cf8521dc903d83fa4e15942478af3ceed	372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66	7e0b196d2c0a007fe66e8716d48b9f41e183eb0879b77702d256db94db8d5763	2026-07-04	official	legal us-code

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. 117–168, 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. 117–168, 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.