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38 U.S.C. § 1174 — Regulations regarding presumptions of service connection based on toxic exposure
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim)—
(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
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Source file: Laws/federal/codes/united-states-code/title-38/section-1174-regulations-regarding-presumptions-of-service-connection-based-on-toxic--139fa91eb1.md
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Source location: Title 38, Chapter 11, § 1174; chapter-011-compensation-for-service-connected-disability-or-death.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim)—
(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).
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1172&num=0&edition=prelim).
**(b) Evidence, Data, and Factors.—** The Secretary shall ensure that each formal evaluation under subsection (a) covers the following:
(1) Scientific evidence, based on the review of available scientific literature, including human, toxicological, animal, and methodological studies, and other factors.
(2) Claims data, based on the review of claim rate, grant rate, and service connection prevalence, and other factors.
(3) Other factors the Secretary determines appropriate, such as—
(A) the level of disability and mortality caused by the health effects related to the case of toxic exposure being evaluated;
(B) the quantity and quality of the information available and reviewed;
(C) the feasibility of and period for generating relevant information and evidence;
(D) whether such health effects are combat- or deployment-related;
(E) the ubiquity or rarity of the health effects; and
(F) any time frame during which a health effect must become manifest.
**(c) Conduct of Evaluations.—**
(1) The Secretary shall ensure that each formal evaluation under subsection (a)—
(A) reviews scientific evidence in a manner that—
(i) conforms to principles of scientific and data integrity;
(ii) is free from suppression or distortion of scientific or technological findings, data, information, conclusions, or technical results; and
(B)
(i) evaluates the likelihood that a positive association exists between an illness and a toxic exposure while serving in t
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1173
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presumption of 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 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 1
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1120
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedures.—** The Secretary shall determine whether to establish, or to remove, presumptions of service connection based on toxic exposure pursuant to this subchapter, whereby—
(1) under [section 1172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1172&num=0&edition=prelim)—
(A) the Secretary provides—
(i) public notice regarding what formal evaluations the Secretary plans to conduct; and
(ii) the public an opportunity to comment on the proposed formal evaluations;
(B) the working group established under subsection (b) of such section provides—
(i) advice to the Secretary on toxic-exposed veterans and cases in which veterans who, during active military, naval, air, or space service, may have experienced a toxic exposure or their dependents may have experienced a toxic exposure while the veterans were serving in the active military, naval, air, or space service;
(ii) recommendations to the Secretary on corrections needed in the Individual Longitudinal Exposure Record to better reflect veterans and dependents described in clause (i); and
(iii) recommendations to the Secretary regarding which cases of possible toxic exposure should be reviewed;
(2) the Secretary provides for formal evaluations of such recommendations under [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim) and takes into account reports received by the Secretary from the National Academies of Sciences, Engineering, and Medicine under [section 1176 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1176&num=0&edition=prelim); and
(3) the Secretary issues regulations under [section 1174 of this title](http
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1171
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary may modify the process under which the working group established under subsection (b) of [section 1172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1172&num=0&edition=prelim) conducts assessments under such section, the Secretary conducts formal evaluations under [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim), and issues regulations under [section 1174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1174&num=0&edition=prelim) if—
(1) such evaluations cover the evidence, data, and factors required by subsection (b) of such section 1173; and
(2) a period of 180 days has elapsed following the date on which the Secretary submits the notice under subsection (b) regarding the modification.
**(b) Notice.—** If the Secretary proposes to modify the process under which the working group established under subsection (b) of [section 1172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1172&num=0&edition=prelim) conducts assessments under such section, the process under which the Secretary conducts formal evaluations under [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim), or issues regulations under [section 1174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1174&num=0&edition=prelim), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a notice of the proposed modifications containing the following:
(1) A des
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1175
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Federal law — U.S. Code and appendices · legal_authorities
Page 203
TITLE 38—VETERANS’ BENEFITS
§ 1174
(3) Other factors the Secretary determines
appropriate, such as—
(A) the level of disability and mortality
caused by the health effects related to the
case of toxic exposure being evaluated;
(B) the quantity and quality of the infor-
mation available and reviewed;
(C) the feasibility of and period for gener-
ating relevant information and evidence;
(D)
whether
such
health
effects
are
combat- or deployment-related;
(E) the ubiquity or rarity of the health ef-
fects; and
(F) any time frame during which a health
effect must become manifest.
(c) CONDUCT
OF EVALUATIONS.—(1) The Sec-
retary shall ensure that each formal evaluation
under subsection (a)—
(A) reviews scientific evidence in a manner
that—
(i) conforms to principles of scientific and
data integrity;
(ii) is free from suppression or distortion
of scientific or technological findings, data,
information, conclusions, or technical re-
sults; and
(B)(i) evaluates the likelihood that a posi-
tive association exists between an illness and
a toxic exposure while serving in the active
military, naval, air, or space service; and
(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.
(2) In carrying out paragraph (1)(B)(ii), a for-
mal evaluation under subsection (a) shall in-
clude reviewing all relevant data to determine
the strength of evidence for a positive associa-
tion based on the following four categories:
(A) The ‘‘sufficient’’ category, where the evi-
dence is sufficient to conclude that a positive
association exists.
(B) The ‘‘equipoise and above’’ category,
where the evidence is sufficient to conclude
that a positive ass
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1174
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