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38 U.S.C. § 1116A — Presumptions of service connection for veterans who served offshore of the Republic of Vietnam

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1116A — Presumptions of service connection for veterans who served offshore of the Republic of Vietnam

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Source file: Laws/federal/codes/united-states-code/title-38/section-1116a-presumptions-of-service-connection-for-veterans-who-served-offshore-of-t--76f841ea5d.md
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Source location: Title 38, Chapter 11, § 1116A; chapter-011-compensation-for-service-connected-disability-or-death.md

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**(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 determine the effective date of an award based on a claim under this section for an individual described in subparagraph (B) by treating the date on which the individual filed the prior claim specified in clause (i) of such subparagraph as the date on which the individual filed the claim so awarded under this section. (B) An individual described in this subparagraph is a veteran, or a survivor of a veteran, who meets the following criteria: (i) The veteran or survivor submitted a claim for disability compensation on or after September 25, 1985, and before January 1, 2020, for a disease covered by this section, and the claim was denied by reason of the claim not establishing that the disease was incurred or aggravated by the service of the veteran. (ii) The veteran or survivor submits a claim for disability compensation on or after January 1, 2020, for the same condition covered by the prior claim under clause (i), and the claim is approved pursuant to this section. **(d) Determination of Offshore.—** Notwithstanding any other provision of law, for purposes of this section, the Secretary shall treat a location as being offshore of Vietnam if the location is not more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia and intersecting the following points: Points Geographic NamesLatitudeNorthLongitudeEast At Hon Nhan Island, Tho Chu Archipelago Kien Giang Province9°15.0′103°27.0′ At Hon Da Island southeast of Hon Khoai Island Minh Hai Province8°22.8′104°52.4′ At Tai Lon Islet, Con Dao Islet in Con Dao-Vung Toa Special Sector8°37.8′106°37.5′ At Bong Lai Islet, Con Dao Islet8°38.9′106°40.3′ At Bay Canh Islet, Con Dao Islet8°39.7′106°42.1′ At Hon Hai Islet (Phu Qui group of islands) Thuan Hai Province9°58.0′109°5.0′ At Hon Doi Islet, Thuan Hai Province12°39.0′109°28.0′ At Dai Lanh point, Phu Khanh Province12°53.8′109°27.2′ At Ong Can Islet, Phu Khanh Province13°54.0′109°21.0′ At Ly Son Islet, Nghia Binh Province15°23.1′109° 9.0′ At Con Co Island, Binh Tri Thien Province17°10.0′107°20.6′ **(e) Herbicide Agent.—** In this section, the term “herbicide agent” has the meaning given that term in [section 1116(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1116/a/3&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1710 — Eligibility for hospital, nursing home, and domiciliary care

**(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; (

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Federal law — U.S. Code and appendices · legal_authorities

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

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1116

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1113 — Presumptions rebuttable

**(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

38 U.S.C. § 1110 — Basic entitlement

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

38 U.S.C. § 5110 — Effective dates of awards

**(a)** (1) Unless specifically provided otherwise in this chapter, the effective date of an award based on an initial claim, or a supplemental claim, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. (2) For purposes of determining the effective date of an award under this section, the date of application shall be considered the date of the filing of the initial application for a benefit if the claim is continuously pursued by filing any of the following, either alone or in succession: (A) A request for higher-level review under [section 5104B of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5104b&num=0&edition=prelim) on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision. (B) A supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim) on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision. (C) A notice of disagreement on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision. (D) A supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim) on or before the date that is one year after the date on which the Board of Veterans’ Appeals issues a decision. (E) A supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5110

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1116A — Presumptions of service connection for

Page 169 TITLE 38—VETERANS’ BENEFITS § 1116A ‘‘(B) any administrative actions or recommended legislation, or both, and any additional comments which the Administrator considers appropriate in light of such results. ‘‘(2) Not later than 90 days after the date on which each report required by paragraph (1) is submitted, the Administrator shall publish in the Federal Register, for public review and comment, a description of any action that the Administrator plans or proposes to take with respect to programs administered by the Veterans’ Ad- ministration based on— ‘‘(A) the results described in such report; ‘‘(B) the comments and recommendations received on that report; and ‘‘(C) any other available pertinent information. Each such description shall include a justification or rationale for the planned or proposed action. ‘‘(g) DEFINITIONS.—For the purposes of this section: ‘‘(1) The term ‘gender-specific health effects’ in- cludes— ‘‘(A) effects on female reproductive capacity and reproductive organs; ‘‘(B) effects on reproductive outcomes; ‘‘(C) effects on female-specific organs and tissues; and ‘‘(D) other effects unique to the physiology of fe- males. ‘‘(2) The term ‘Vietnam era’ has the meaning given such term in section 101(29) of title 38, United States Code.’’ AGENT ORANGE STUDY; REPORT TO CONGRESSIONAL COMMITTEES Pub. L. 96–151, title III, § 307, Dec. 20, 1979, 93 Stat. 1097, as amended by Pub. L. 97–72, title IV, § 401, Nov. 3, 1981, 95 Stat. 1061; Pub. L. 98–542, § 8(a), Oct. 24, 1984, 98 Stat. 2731, directed that a protocol be designed for an epidemiological study of the long-term health effects of Agent Orange on Armed Forces personnel who served in Vietnam, and that reports be submitted to Congress de- scribing results with comm

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1116A

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