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38 U.S.C. § 1116 — Presumptions of service connection for diseases associated with exposure to certain herbicide agents; presumption of exposure for veterans who served in certain locations
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim), and subject to [section 1113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1113&num=0&edition=prelim)—
(A) a disease specified in paragraph (2) of this subsection becoming manifest as specified in that paragraph in a veteran who performed covered service; and
(B) each additional disease (if any) that (i) the Secretary determines in regulations prescribed under this section warrants a presumption of service-connection by reason of having positive association with exposure to an herbicide agent, and (ii) becomes manifest within the period (if any) prescribed in such regulations in a veteran who performed covered service, and while so serving was exposed to that herbicide agent,
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.
(2) The diseases referred to in paragraph (1)(A) of this subsection are the following:
(A) Non-Hodgkin’s lymphoma becoming manifest to a degree of disability of 10 percent or more.
(B) Each soft-tissue sarcoma becoming manifest to a degree of disability of 10 percent or more other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma.
(C) Chloracne or another acneform disease consistent with chloracne becoming manifest to a degree of disability of 10 percent or more within one year after the last date on which the veteran performed covered service.
(D) Hodgkin’s disease becoming manifest to a degree of disability of 10 percent or more.
(E) Porphyria cutanea tarda becoming manif
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Stable record: federal_law:legal_authorities:record_usc_52f0cf6693d125f175afbfe8
Source file: Laws/federal/codes/united-states-code/title-38/section-1116-presumptions-of-service-connection-for-diseases-associated-with-exposure--3ff47d41dd.md
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Source location: Title 38, Chapter 11, § 1116; chapter-011-compensation-for-service-connected-disability-or-death.md
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**(a)**
(1) For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim), and subject to [section 1113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1113&num=0&edition=prelim)—
(A) a disease specified in paragraph (2) of this subsection becoming manifest as specified in that paragraph in a veteran who performed covered service; and
(B) each additional disease (if any) that (i) the Secretary determines in regulations prescribed under this section warrants a presumption of service-connection by reason of having positive association with exposure to an herbicide agent, and (ii) becomes manifest within the period (if any) prescribed in such regulations in a veteran who performed covered service, and while so serving was exposed to that herbicide agent,
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.
(2) The diseases referred to in paragraph (1)(A) of this subsection are the following:
(A) Non-Hodgkin’s lymphoma becoming manifest to a degree of disability of 10 percent or more.
(B) Each soft-tissue sarcoma becoming manifest to a degree of disability of 10 percent or more other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma.
(C) Chloracne or another acneform disease consistent with chloracne becoming manifest to a degree of disability of 10 percent or more within one year after the last date on which the veteran performed covered service.
(D) Hodgkin’s disease becoming manifest to a degree of disability of 10 percent or more.
(E) Porphyria cutanea tarda becoming manifest to a degree of disability of 10 percent or more within a year after the last date on which the veteran performed covered service.
(F) Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea) becoming manifest to a degree of disability of 10 percent or more.
(G) Multiple myeloma becoming manifest to a degree of disability of 10 percent or more.
(H) Diabetes Mellitus (Type 2).
(I) Parkinsonism.
(J) Bladder cancer.
(K) Hypothyroidism.
(L) Monoclonal gammopathy of undetermined significance.
(M) Hypertension.
(3) For purposes of this section, the term “herbicide agent” means a chemical in an herbicide used in support of the United States and allied military operations in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975.
**(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 exposure to an herbicide agent under this section is made pursuant to subchapter VII of this chapter, including with respect to assessing reports received by the Secretary from the National Academy of Sciences under section 3 of the Agent Orange Act of 1991 (Public Law 102–4).
**(c)** For purposes of establishing service connection for a disability or death resulting from exposure to a herbicide agent, including a presumption of service-connection under this section, a veteran who performed covered service,11 So in original. The comma probably should not appear. shall be presumed to have been exposed during such service to an herbicide agent containing dioxin or 2,4-dichlorophenoxyacetic acid, and may be presumed to have been exposed during such service to any other chemical compound in an herbicide agent, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service.
**(d)** In this section, the term “covered service” means active military, naval, air, or space service—
(1) performed in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975;
(2) performed in Thailand at any United States or Royal Thai base during the period beginning on January 9, 1962, and ending on June 30, 1976, without regard to where on the base the veteran was located or what military job specialty the veteran performed;
(3) performed in Laos during the period beginning on December 1, 1965, and ending on September 30, 1969;
(4) performed in Cambodia at Mimot or Krek, Kampong Cham Province during the period beginning on April 16, 1969, and ending on April 30, 1969; or
(5) performed on Guam or American Samoa, or in the territorial waters thereof, during the period beginning on January 9, 1962, and ending on July 31, 1980, or served on Johnston Atoll or on a ship that called at Johnston Atoll during the period beginning on January 1, 1972, and ending on September 30, 1977.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary (subject to paragraph (4)) shall furnish hospital care and medical services which the Secretary determines to be needed—
(A) to any veteran for a service-connected disability; and
(B) to any veteran who has a service-connected disability rated at 50 percent or more.
(2) The Secretary (subject to paragraph (4)) shall furnish hospital care and medical services, and may furnish nursing home care, which the Secretary determines to be needed to any veteran—
(A) who has a compensable service-connected disability rated less than 50 percent or, with respect to nursing home care during any period during which the provisions of [section 1710A(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710A/a&num=0&edition=prelim) are in effect, a compensable service-connected disability rated less than 70 percent;
(B) whose discharge or release from active military, naval, air, or space service was for a disability that was incurred or aggravated in the line of duty;
(C) who is in receipt of, or who, but for a suspension pursuant to [section 1151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1151&num=0&edition=prelim) (or both a suspension and the receipt of retired pay), would be entitled to disability compensation, but only to the extent that such veteran’s continuing eligibility for such care is provided for in the judgment or settlement provided for in such section;
(D) who is a former prisoner of war, who was awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 491 11 See References in Text note below. of title 14, or who was awarded the Purple Heart;
(E) who is a veteran of—
(i) the Mexican border period;
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1710
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** To provide for a more economical, efficient, and effective operation of such regional offices, the Secretary shall provide for the colocation of at least three regional offices with medical centers of the Department—
(1) on real property under the jurisdiction of the Department of Veterans Affairs at such medical centers; or
(2) on real property that is adjacent to such a medical center and is under the jurisdiction of the Department as a result of being conveyed to the United States for the purpose of such colocation.
**(b)**
(1) In carrying out this section and notwithstanding any other provision of law, the Secretary may lease, with or without compensation and for a period of not to exceed 35 years, to another party at not more than seven locations any of the real property described in paragraph (1) or (2) of subsection (a).
(2) Such real property shall be used as the site of a facility—
(A) constructed and owned by the lessee of such real property; and
(B) leased under subsection (c)(1) to the Department for such use and such other activities as the Secretary determines are appropriate.
**(c)**
(1) The Secretary may enter into a lease for the use of any facility described in subsection (b)(2) for not more than 35 years under such terms and conditions as may be in the best interests of the Department.
(2) Each agreement for such a lease shall provide—
(A) that the obligation of the United States to make payments under the agreement is subject to the availability of appropriations for that purpose; and
(B) that the ownership of the facility shall vest in the United States at the end of such lease.
**(d)**
(1) The Secretary may sublease any space in such a facility to another party at a rate not less than—
(A) the rental rate paid by th
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 316
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Federal law — U.S. Code and appendices · legal_authorities
**(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 veteran’s 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1117&num=0&edition=prelim), 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 98–542 ([38 U.S.C. 1154](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1154&num=0&edition=prelim) 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1113
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Federal law — U.S. Code and appendices · legal_authorities
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 veteran’s own willful misconduct or abuse of alcohol or drugs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1110
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Necessary amounts are appropriated to pay final judgments, awards, compromise settlements, and interest and costs specified in the judgments or otherwise authorized by law when—
(1) payment is not otherwise provided for;
(2) payment is certified by the Secretary of the Treasury; and
(3) the judgment, award, or settlement is payable—
(A) under section 2414, 2517, 2672, or 2677 of title 28;
(B) under [section 3723 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3723&num=0&edition=prelim);
(C) under a decision of a board of contract appeals; or
(D) in excess of an amount payable from the appropriations of an agency for a meritorious claim under section 2733, 2733a, or 2734 of title 10, [section 715 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section715&num=0&edition=prelim), or [section 20113 of title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section20113&num=0&edition=prelim).
**(b)**
(1) Interest may be paid from the appropriation made by this section—
(A) on a judgment of a district court, only when the judgment becomes final after review on appeal or petition by the United States Government, and then only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before the date of the mandate of affirmance; or
(B) on a judgment of the Court of Appeals for the Federal Circuit or the United States Court of Federal Claims under [section 2516(b) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2516/b&num=0&edition=prelim), only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before t
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1304
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Service Connection.—** For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim), and subject to [section 1113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1113&num=0&edition=prelim), a disease covered by [section 1116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1116&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim).
(2)
(A) Notwithstanding subsection (g) of [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim), the Secretary shall determi
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1116A
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presumption of Service-Connection.—**
(1) For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim), and subject to [section 1113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1113&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1116&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1116B
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall include in the regulations pertaining to service-connection of disabilities (1) additional provisions in effect requiring that in each case where a veteran is seeking service-connection for any disability due consideration shall be given to the places, types, and circumstances of such veteran’s service as shown by such veteran’s service record, the official history of each organization in which such veteran served, such veteran’s medical records, and all pertinent medical and lay evidence, and (2) the provisions required by section 5 of the Veterans’ Dioxin and Radiation Exposure Compensation Standards Act (Public Law 98–542; 98 Stat. 2727).
**(b)** In the case of any veteran who engaged in combat with the enemy in active service with a military, naval, air, or space organization of the United States during a period of war, campaign, or expedition, the Secretary shall accept as sufficient proof of service-connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such injury or disease may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1154
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Federal law — U.S. Code and appendices · legal_authorities
Page 160
TITLE 38—VETERANS’ BENEFITS
§ 1116
1 So in original. The comma probably should not appear.
second calendar month which begins after the date of
enactment of this Act [June 8, 1960].’’
REPEAL
Pub. L. 97–253, title IV, § 405(c), Sept. 8, 1982, 96 Stat.
803, cited as a credit to this section, was repealed by
Pub. L. 97–306, §§ 107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432,
eff. Oct. 1, 1982.
SAVINGS PROVISION
Pub. L. 89–137, § 1(c), Aug. 26, 1965, 79 Stat. 576, pro-
vided that: ‘‘Any veteran-trainee receiving subsistence
allowance on the date of the enactment of this Act
[Aug. 26, 1965] while pursuing a course of vocational re-
habilitation authorized by chapter 31 of title 38, United
States Code [former section 1501 et seq. of this title],
shall not have such allowance reduced by reason of the
amendments contained in such Act [amending this sec-
tion and former section 1504 of this title].’’
§ 1116. Presumptions of service connection for
diseases associated with exposure to certain
herbicide agents; presumption of exposure
for veterans who served in certain locations
(a)(1) For the purposes of section 1110 of this
title, and subject to section 1113 of this title—
(A) a disease specified in paragraph (2) of
this subsection becoming manifest as specified
in that paragraph in a veteran who performed
covered service; and
(B) each additional disease (if any) that (i)
the Secretary determines in regulations pre-
scribed under this section warrants a presump-
tion of service-connection by reason of having
positive association with exposure to an herbi-
cide agent, and (ii) becomes manifest within
the period (if any) prescribed in such regula-
tions in a veteran who performed covered serv-
ice, and while so serving was exposed to that
herbicide a
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1116
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