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2026-07-06 10:51:44 -04:00

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LegalText 38 U.S.C. § 1120 Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins us united_states_code code_section 38 VETERANS BENEFITS 11 COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH 1120 38 U.S.C. § 1120 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/s1120 data/legal/raw/us/code/title-38/usc38.xml 6b019daf488c04604a8ebd3157b6c9e94d9e394dda52368f3b0808aa7c07d9de 372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66 d23b6d44c668f7137e267d593c99a333930fc27a698a3dca85660131a8c977a8 2026-07-04 official
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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.”