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38 U.S.C. § 1173 — Formal evaluation of recommendations
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
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Stable record: federal_law:legal_authorities:record_usc_867d5acdb9ad46b71b139f49
Source file: Laws/federal/codes/united-states-code/title-38/section-1173-formal-evaluation-of-recommendations--901c3d1b16.md
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Source location: Title 38, Chapter 11, § 1173; chapter-011-compensation-for-service-connected-disability-or-death.md
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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](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 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 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:
(A) The “sufficient” category, where the evidence 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 association is at least as likely as not, but not sufficient to conclude that a positive association exists.
(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.
(D) The “against” category, where the evidence suggests the lack of a positive association.
**(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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice Required.—**
(1)
(A) Not less frequently than once each year, the Secretary shall publish in the Federal Register notice of the formal evaluations that the Secretary plans to conduct pursuant to [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim).
(B) Each notice published under subparagraph (A) shall include, for each formal evaluation referred to in the notice, an explanation as to why the military environmental exposures and adverse health outcomes that are the subject of the formal evaluation were chosen by the Secretary for formal evaluation under [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim).
(2)
(A) With each notice published under paragraph (1), the Secretary shall seek public comment on the military environmental exposures and adverse health outcomes that are the subject of the formal evaluations referred to in the notice.
(B) The Secretary shall—
(i) consider all public comment received under subparagraph (A); and
(ii) publish in the Federal Register a response to the comments received under subparagraph (A).
(3)
(A) For each notice published under paragraph (1), the Secretary shall hold an open meeting for members of the public to voice their comments in response to the notice.
(B) To help evaluate presumptions of service connection, the Secretary shall, not less frequently than quarterly, collaborate with, partner with, and give weight to the advice of veterans service organizations and such other stakeholders as the Secretary considers appropriate.
(4) Failure to include a military environmental exposure or adverse health effect in a Federal Register
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1172
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Consideration of Records.—** If a veteran submits to the Secretary a claim for compensation for a service-connected disability under [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim) with evidence of a disability and a toxic exposure that occurred during active military, naval, air, or space service, the Secretary may, in adjudicating such claim, consider—
(1) any record of the veteran in an exposure tracking record system; and
(2) if no record of the veteran in an exposure tracking record system indicates that the veteran was subject to a toxic exposure during active military, naval, air, or space service, the totality of the circumstances of the service of the veteran.
**(b) Presumption of Specific Toxic Exposure for Members Who Served in Certain Locations.—**
(1) The Secretary shall, for purposes of section 1110 and chapter 17 of this title, presume that any covered veteran was exposed to the substances, chemicals, and airborne hazards identified in the list under paragraph (2) during the service of the covered veteran specified in subsection (c)(1), unless there is affirmative evidence to establish that the covered veteran was not exposed to any such substances, chemicals, or hazards in connection with such service.
(2) The Secretary shall—
(A) establish and maintain a list that contains an identification of one or more such substances, chemicals, and airborne hazards as the Secretary, in collaboration with the Secretary of Defense, may determine appropriate for purposes of this section; and
(B) determine, using procedures consistent with [section 1172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1172&num=0&edition=prelim)
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1119
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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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1174
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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
**(a) Purpose.—** The purpose of this section is to provide for the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the “Academies”), an independent nonprofit scientific organization with appropriate expertise that is not part of the Federal Government, to review and evaluate the available scientific evidence regarding associations between diseases and toxic exposures.
**(b) Agreement.—**
(1) The Secretary shall seek to enter into a five-year agreement with the Academies to perform the services covered by this section.
(2) The Secretary shall seek to enter into an agreement described in paragraph (1) not later than 60 days after the date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022.
(3) An agreement under this section may be extended in five-year increments.
**(c) Review of Scientific Evidence.—** Under an agreement between the Secretary and the Academies under this section, the Academies shall review and summarize the scientific evidence, and assess the strength thereof, concerning the association between toxic exposures during active military, naval, air, or space service and each disease suspected to be associated with such exposure in the human population.
**(d) Scientific Determinations Concerning Diseases.—** For each disease reviewed under subsection (c), the Academies shall determine, to the extent that available scientific data permit meaningful determinations—
(1) whether an association exists between toxic exposures and the occurrence of the disease, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect the association;
(2) the increased ris
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1176
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Federal law — U.S. Code and appendices · legal_authorities
Page 202
TITLE 38—VETERANS’ BENEFITS
§ 1173
publish in the Federal Register notice of the for-
mal evaluations that the Secretary plans to con-
duct pursuant to section 1173 of this title.
(B) Each notice published under subparagraph
(A) shall include, for each formal evaluation re-
ferred to in the notice, an explanation as to why
the military environmental exposures and ad-
verse health outcomes that are the subject of
the formal evaluation were chosen by the Sec-
retary for formal evaluation under section 1173
of this title.
(2)(A) With each notice published under para-
graph (1), the Secretary shall seek public com-
ment on the military environmental exposures
and adverse health outcomes that are the sub-
ject of the formal evaluations referred to in the
notice.
(B) The Secretary shall—
(i) consider all public comment received
under subparagraph (A); and
(ii) publish in the Federal Register a re-
sponse to the comments received under sub-
paragraph (A).
(3)(A) For each notice published under para-
graph (1), the Secretary shall hold an open meet-
ing for members of the public to voice their
comments in response to the notice.
(B) To help evaluate presumptions of service
connection, the Secretary shall, not less fre-
quently than quarterly, collaborate with, part-
ner with, and give weight to the advice of vet-
erans service organizations and such other
stakeholders as the Secretary considers appro-
priate.
(4) Failure to include a military environ-
mental exposure or adverse health effect in a
Federal Register notice published pursuant to
subsection (a) shall not preclude the Secretary
from initiating a formal evaluation of such ex-
posure or health effect.
(b) WORKING GROUP.—(1) The Secretary shall
establish a working group within the Depart-
m
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1173
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.