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38 U.S.C. § 1117 — Compensation for disabilities occurring in Persian Gulf War veterans
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary may pay compensation under this subchapter to a Persian Gulf veteran with a qualifying chronic disability that became manifest to any degree at any time.
(2) For purposes of this subsection, the term “qualifying chronic disability” means a chronic disability resulting from any of the following (or any combination of any of the following):
(A) An undiagnosed illness.
(B) A medically unexplained chronic multisymptom illness (such as chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome) that is defined by a cluster of signs or symptoms.
(C) Any diagnosed illness that the Secretary determines in regulations prescribed under subsection (c) warrants a presumption of service-connection.
**(b)**
(1) Whenever the Secretary determines under section 1118(c) 11 See References in Text note below. of this title that a presumption of service connection previously established under this section is no longer warranted—
(A) a veteran who was awarded compensation under this section on the basis of the presumption shall continue to be entitled to receive compensation under this section on that basis; and
(B) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the disease on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis.
(2) This subsection shall cease to be effective on September 30, 2011.
**(c)**
(1) The Secretary shall prescribe regulations to carry out this section.
(2) Those regulations shall include the following:
(A) A description of the period and geographical area or areas of military service in connection with which compensation under this section may be p
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Source file: Laws/federal/codes/united-states-code/title-38/section-1117-compensation-for-disabilities-occurring-in-persian-gulf-war-veterans--2795e42e38.md
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Source location: Title 38, Chapter 11, § 1117; chapter-011-compensation-for-service-connected-disability-or-death.md
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**(a)**
(1) The Secretary may pay compensation under this subchapter to a Persian Gulf veteran with a qualifying chronic disability that became manifest to any degree at any time.
(2) For purposes of this subsection, the term “qualifying chronic disability” means a chronic disability resulting from any of the following (or any combination of any of the following):
(A) An undiagnosed illness.
(B) A medically unexplained chronic multisymptom illness (such as chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome) that is defined by a cluster of signs or symptoms.
(C) Any diagnosed illness that the Secretary determines in regulations prescribed under subsection (c) warrants a presumption of service-connection.
**(b)**
(1) Whenever the Secretary determines under section 1118(c) 11 See References in Text note below. of this title that a presumption of service connection previously established under this section is no longer warranted—
(A) a veteran who was awarded compensation under this section on the basis of the presumption shall continue to be entitled to receive compensation under this section on that basis; and
(B) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the disease on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis.
(2) This subsection shall cease to be effective on September 30, 2011.
**(c)**
(1) The Secretary shall prescribe regulations to carry out this section.
(2) Those regulations shall include the following:
(A) A description of the period and geographical area or areas of military service in connection with which compensation under this section may be paid.
(B) A description of the illnesses for which compensation under this section may be paid.
(C) A description of any relevant medical characteristic (such as a latency period) associated with each such illness.
**(d)** If a Persian Gulf veteran at a medical facility of the Department presents with any one symptom associated with Gulf War Illness, the Secretary shall ensure that health care personnel of the Department use a disability benefits questionnaire, or successor questionnaire, designed to identify Gulf War Illness, in addition to any other diagnostic actions the personnel determine appropriate.
**(e)** A disability for which compensation under this subchapter is payable shall be considered to be service connected for purposes of all other laws of the United States.
**(f)** For purposes of this section, the term “Persian Gulf veteran” means a veteran who served on active duty in the Armed Forces in the Southwest Asia theater of operations, Afghanistan, Israel, Egypt, Turkey, Syria, or Jordan, during the Persian Gulf War.
**(g)** For purposes of this section, signs or symptoms that may be a manifestation of an undiagnosed illness or a chronic multisymptom illness include the following:
(1) Fatigue.
(2) Unexplained rashes or other dermatological signs or symptoms.
(3) Headache.
(4) Muscle pain.
(5) Joint pain.
(6) Neurological signs and symptoms.
(7) Neuropsychological signs or symptoms.
(8) Signs or symptoms involving the upper or lower respiratory system.
(9) Sleep disturbances.
(10) Gastrointestinal signs or symptoms.
(11) Cardiovascular signs or symptoms.
(12) Abnormal weight loss.
(13) Menstrual disorders.
**(h)**
(1) If the Secretary determines with respect to a medical research project sponsored by the Department that it is necessary for the conduct of the project that Persian Gulf veterans in receipt of compensation under this section or [section 1118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1118&num=0&edition=prelim) participate in the project without the possibility of loss of service connection under either such section, the Secretary shall provide that service connection granted under either such section for disability of a veteran who participated in the research project may not be terminated. Except as provided in paragraph (2), notwithstanding any other provision of law any grant of service-connection protected under this subsection shall remain service-connected for purposes of all provisions of law under this title.
(2) Paragraph (1) does not apply in a case in which—
(A) the original award of compensation or service connection was based on fraud; or
(B) it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge.
(3) The Secretary shall publish in the Federal Register a list of medical research projects sponsored by the Department for which service connection granted under this section or [section 1118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1118&num=0&edition=prelim) may not be terminated pursuant to paragraph (1).
**(i)**
(1) The Secretary shall take such actions as may be necessary to ensure that health care personnel of the Department are appropriately trained to effectively carry out this section.
(2) Not less frequently than once each year, the Secretary shall submit to Congress a report on the actions taken by the Secretary to carry out paragraph (1).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by the President pursuant to the provisions of this section, the Secretary may pay the actual necessary expense of travel (including lodging and subsistence), or in lieu thereof an allowance based upon mileage (at a rate of 41.5 cents per mile), of any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care. Actual necessary expense of travel includes the reasonable costs of airfare if travel by air is the only practical way to reach a Department facility. In addition to the mileage allowance authorized by this section, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls.
**(b)**
(1) Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2) of this section or any other provision of law, if, with respect to any fiscal year, the Secretary exercises the authority under this section to make any payments, the Secretary shall make the payments provided for in this section to or for the following persons for travel during such fiscal year for examination, treatment, or care for which the person is eligible:
(A) A veteran or other person whose travel is in connection with treatment or care for a service-connected disability.
(B) A veteran with a service-connected disability rated at 30 percent or more.
(C) A veteran receiving pension under [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim).
(D) A veteran (i) who is not traveling by air and whose annual income (as determined under [secti
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Advisory committees in existence on january 5, 1973.—** — Each advisory committee that is in existence on January 5, 1973, shall terminate not later than the expiration of the 2-year period following that date unless—
(A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory committee is renewed by the President or that officer by appropriate action prior to the expiration of such 2-year period; or
(B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law.
(2) **Advisory committees established after january 5, 1973.—** — Each advisory committee established after January 5, 1973, shall terminate not later than the expiration of the 2-year period beginning on the date of its establishment unless—
(A) in the case of an advisory committee established by the President or an officer of the Federal Government 11 So in original. Probably should be followed by a comma. such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or
(B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law.
**(b) Charters.—**
(1) **Upon renewal.—** — Upon the renewal of an advisory committee, the advisory committee shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1008/c&num=0&edition=prelim).
(2) **Upon expiration of successive 2-year periods.—** — An advisory committee established by an Act of Congress shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.x
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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)** The Secretary, pursuant to general standards which the Secretary shall prescribe in regulations, shall measure and evaluate on a continuing basis the effect of all programs authorized under this title, in order to determine their effectiveness in achieving stated goals in general, and in achieving such goals in relation to their cost, their effect on related programs, and their structure and mechanisms for delivery of services. Such information as the Secretary may consider necessary for purposes of such evaluations shall be made available to the Secretary, upon request, by all departments, agencies, and instrumentalities of the executive branch.
**(b)** In carrying out this section, the Secretary shall collect, collate, and analyze on a continuing basis full statistical data regarding participation (including the duration thereof), provision of services, categories of beneficiaries, planning and construction of facilities, acquisition of real property, proposed excessing of land, accretion and attrition of personnel, and categorized expenditures attributable thereto, under all programs carried out under this title.
**(c)** The Secretary shall make available to the public, and on a regular basis provide to the appropriate committees of the Congress, copies of all completed evaluative research studies and summaries of evaluations of program impact and effectiveness carried out, and tabulations and analyses of all data collected, under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 527
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) There is established a program to furnish hospital care, medical services, and extended care services to covered veterans through health care providers specified in subsection (c).
(2) The Secretary shall coordinate the furnishing of hospital care, medical services, and extended care services under this section to covered veterans, including coordination of, at a minimum, the following:
(A) Ensuring the scheduling of medical appointments in a timely manner and the establishment of a mechanism to receive medical records from non-Department providers.
(B) Ensuring continuity of care and services.
(C) Ensuring coordination among regional networks if the covered veteran accesses care and services in a different network than the regional network in which the covered veteran resides.
(D) Ensuring that covered veterans do not experience a lapse in care resulting from errors or delays by the Department or its contractors or an unusual or excessive burden in accessing hospital care, medical services, or extended care services.
(3) A covered veteran may only receive care or services under this section upon the authorization of such care or services by the Secretary.
(4) Nothing in this section shall be construed to authorize the Secretary to suspend the program established under paragraph (1).
**(b) Covered Veterans.—** For purposes of this section, a covered veteran is any veteran who—
(1) is enrolled in the system of annual patient enrollment established and operated under [section 1705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1705&num=0&edition=prelim); or
(2) is not enrolled in such system but is otherwise entitled to hospital care, medical services, or extended care services under s
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1703
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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
In this chapter:
(1) **Administrator.—** — The term “Administrator” means the Administrator of General Services.
(2) **Advisory committee.—**
(A) *In general.—* — The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is—
(i) established by statute or reorganization plan;
(ii) established or utilized by the President; or
(iii) established or utilized by one or more agencies.
(B) *Exclusions.—* — The term “advisory committee” excludes—
(i) a committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; and
(ii) a committee that is created by the National Academy of Sciences or the National Academy of Public Administration.
(3) **Agency.—** — The term “agency” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim).
(4) **Presidential advisory committee.—** — The term “Presidential advisory committee” means an advisory committee that advises the President.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) For 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), each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service.
(2) An illness referred to in paragraph (1) is any diagnosed or undiagnosed illness that—
(A) the Secretary determines in regulations prescribed under this section to warrant a presumption of service connection by reason of having a positive association with exposure to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War; and
(B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in that theater of operations during that war and by reason of such service was exposed to such agent, hazard, or medicine or vaccine.
(3) For purposes of this subsection, a veteran who served on active duty in the Southwest Asia theater of operations during the Persian Gulf War and has an illness described in paragraph (2) shall be presumed to have been exposed by reason of such service to the agent, hazard, or medicine or vaccine associated with the illness in the regulations prescribed under this section unless there is conclusive evidence to establish that the veteran was
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1118
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Outpatient dental services and treatment, and related dental appliances, shall be furnished under this section only for a dental condition or disability—
(A) which is service-connected and compensable in degree;
(B) which is service-connected, but not compensable in degree, but only if—
(i) the dental condition or disability is shown to have been in existence at the time of the veteran’s discharge or release from active military, naval, air, or space service;
(ii) the veteran had served on active duty for a period of not less than 180 days or, in the case of a veteran who served on active duty during the Persian Gulf War, 90 days immediately before such discharge or release;
(iii) application for treatment is made within 180 days after such discharge or release, except that (I) in the case of a veteran who reentered active military, naval, air, or space service within 90 days after the date of such veteran’s prior discharge or release from such service, application may be made within 180 days from the date of such veteran’s subsequent discharge or release from such service, and (II) if a disqualifying discharge or release has been corrected by competent authority, application may be made within 180 days after the date of correction; and
(iv) the veteran’s certificate of discharge or release from active duty does not bear a certification that the veteran was provided, within the 90-day period immediately before the date of such discharge or release, a complete dental examination (including dental X-rays) and all appropriate dental services and treatment indicated by the examination to be needed;
(C) which is a service-connected dental condition or disability due to combat wounds or other service trauma, or of a former prisoner of
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1712
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Federal law — U.S. Code and appendices · legal_authorities
Page 171
TITLE 38—VETERANS’ BENEFITS
§ 1117
1 See References in Text note below.
the Committees on Veterans’ Affairs of the House of
Representatives and the Senate updates on the status
of such regulations.
‘‘(3) PENDING CASES.—
‘‘(A) AUTHORITY TO STAY.—The Secretary may stay
a claim described in subparagraph (B) until the date
on which the Secretary commences the implementa-
tion of section 1116B of title 38, United States Code,
as added by subsection (a).
‘‘(B) CLAIMS DESCRIBED.—A claim described in this
subparagraph is a claim for disability compensation—
‘‘(i) relating to the service and diseases covered
by such section 1116B; and
‘‘(ii) that is pending at the Veterans Benefits Ad-
ministration or the Board of Veterans’ Appeals on
or after the date of the enactment of this Act and
before the date on which the Secretary commences
the implementation of such section 1116B.’’
§ 1117. Compensation for disabilities occurring in
Persian Gulf War veterans
(a)(1) The Secretary may pay compensation
under this subchapter to a Persian Gulf veteran
with a qualifying chronic disability that became
manifest to any degree at any time.
(2) For purposes of this subsection, the term
‘‘qualifying chronic disability’’ means a chronic
disability resulting from any of the following (or
any combination of any of the following):
(A) An undiagnosed illness.
(B) A medically unexplained chronic multi-
symptom illness (such as chronic fatigue syn-
drome, fibromyalgia, and irritable bowel syn-
drome) that is defined by a cluster of signs or
symptoms.
(C) Any diagnosed illness that the Secretary
determines in regulations prescribed under
subsection (c) warrants a presumption of serv-
ice-connection.
(b)(1) Whenever the Secretary determines
under section 1118(c) 1 of
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1117
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