Fabio
76b8ec33a7
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>
80 lines
4.2 KiB
Markdown
80 lines
4.2 KiB
Markdown
---
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type: "LegalText"
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title: "38 U.S.C. § 1173"
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description: "Formal evaluation of recommendations"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 38
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title_name: "VETERANS’ BENEFITS"
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chapter_number: "11"
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chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
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section: "1173"
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citation: "38 U.S.C. § 1173"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
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source_identifier: "/us/usc/t38/s1173"
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source_file: "data/legal/raw/us/code/title-38/usc38.xml"
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source_hash: "ebea42b47c1f8ffc0b9a265cdb1ef1ce18485218759cf6b03cd2aa75a4b9041b"
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raw_snapshot_hash: "372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66"
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text_hash: "5b78a34af41c337a2ce9bd5f49b9cd766483452c97cbcc611e43184a52e0280d"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 38 U.S.C. § 1173 - Formal evaluation of recommendations
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## Text
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(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.
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(b) Evidence, Data, and Factors.— The Secretary shall ensure that each formal evaluation under subsection (a) covers the following:
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(1) Scientific evidence, based on the review of available scientific literature, including human, toxicological, animal, and methodological studies, and other factors.
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(2) Claims data, based on the review of claim rate, grant rate, and service connection prevalence, and other factors.
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(3) Other factors the Secretary determines appropriate, such as—
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(A) the level of disability and mortality caused by the health effects related to the case of toxic exposure being evaluated;
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(B) the quantity and quality of the information available and reviewed;
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(C) the feasibility of and period for generating relevant information and evidence;
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(D) whether such health effects are combat- or deployment-related;
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(E) the ubiquity or rarity of the health effects; and
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(F) any time frame during which a health effect must become manifest.
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(c) Conduct of Evaluations.— (1) The Secretary shall ensure that each formal evaluation under subsection (a)—
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(A) reviews scientific evidence in a manner that—
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(i) conforms to principles of scientific and data integrity;
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(ii) is free from suppression or distortion of scientific or technological findings, data, information, conclusions, or technical results; and
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(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
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(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.
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(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:
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(A) The “sufficient” category, where the evidence is sufficient to conclude that a positive association exists.
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(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.
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(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.
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(D) The “against” category, where the evidence suggests the lack of a positive association.
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(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.
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(Added Pub. L. 117–168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1769.)
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