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38 U.S.C. § 1120 — Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins

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

38 U.S.C. § 1120 — Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins

**(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

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Source location: Title 38, Chapter 11, § 1120; chapter-011-compensation-for-service-connected-disability-or-death.md

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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. § 101 — Definitions

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

38 U.S.C. § 1174 — Regulations regarding presumptions of service connection based on toxic exposure

**(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

38 U.S.C. § 8103 — Authority to construct and alter, and to acquire sites for, medical facilities

**(a)** Subject to [section 8104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8104&num=0&edition=prelim), the Secretary— (1) may construct or alter any medical facility and may acquire, by purchase, lease, condemnation, donation, exchange, or otherwise, such land or interests in land as the Secretary considers necessary for use as the site for such construction or alteration; (2) may acquire, by purchase, lease, condemnation, donation, exchange, or otherwise, any facility (including the site of such facility) that the Secretary considers necessary for use as a medical facility; and (3) in order to assure compliance with [section 8110(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8110/a/2&num=0&edition=prelim), in the case of any outpatient medical facility for which it is proposed to lease space and for which a qualified lessor and an appropriate leasing arrangement are available, shall execute a lease for such facility within 12 months after funds are made available for such purpose. **(b)** Whenever the Secretary considers it to be in the interest of the United States to construct a new medical facility to replace an existing medical facility, the Secretary (1) may demolish the existing facility and use the site on which it is located for the site of the new medical facility, or (2) if in the judgment of the Secretary it is more advantageous to construct such medical facility on a different site in the same locality, may exchange such existing facility and the site of such existing facility for the different site. **(c)** Whenever the Secretary determines that any site acquired for the construction of a medical facility is not suitable for that purpose, the Secretary

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8103

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

38 U.S.C. § 8104 — Congressional approval of certain medical facility acquisitions

**(a)** (1) The purpose of this subsection is to enable Congress to ensure the equitable distribution of medical facilities throughout the United States, taking into consideration the comparative urgency of the need for the services to be provided in the case of each particular facility. (2) (A) No funds may be appropriated for any fiscal year, and the Secretary may not obligate or expend funds (other than for advance planning and design), for any major medical facility project unless funds for that project have been specifically authorized by law. (B) No funds may be appropriated for any fiscal year, and the Secretary may not obligate or expend funds (other than for advance planning and design), for any major medical facility lease unless the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives each adopt a resolution approving the lease. (3) For purposes of this subsection: (A) The term “major medical facility project” means a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than the amount specified in paragraph (4), but such term does not include an acquisition by exchange, nonrecurring maintenance projects of the Department, or the construction, alteration, or acquisition of a shared Federal medical facility for which the Department’s estimated share of the project costs does not exceed the amount specified in paragraph (4). (B) The term “major medical facility lease”— (i) means a lease for space for use as a new medical facility approved through the General Services Administration under [section 3307(a) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3307/a&num=0&edition=prel

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8104

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

38 U.S.C. § 1120 — Presumption of service connection for

Page 179 TITLE 38—VETERANS’ BENEFITS § 1121 Affairs or the Secretary of Defense to track how veterans or members of the Armed Forces have been exposed to various occupa- tional or environmental hazards; and (B) includes the Individual Longitudinal Exposure Record, or successor system. (3) The term ‘‘toxic exposure risk activity’’ has the meaning given such term in section 1710(e)(4) of this title. (Added Pub. L. 117–168, title III, § 302, Aug. 10, 2022, 136 Stat. 1777.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Com- prehensive Toxics Act of 2022, referred to in subsec. (b)(3), is the date of enactment of Pub. L. 117–168, which was approved Aug. 10, 2022. § 1120. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins (a) PRESUMPTION OF SERVICE CONNECTION.—For the purposes of section 1110 of this title, and subject to section 1113 of this title, 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, notwith- standing that there is no record of evidence of such disease during the period of such service. (b) DISEASES SPECIFIED.—The diseases speci- fied in this subsection are the following: (1) Asthma that was diagnosed after service of the covered veteran as specified in sub- section (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.

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1120

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