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38 U.S.C. § 1171 — Procedures to determine presumptions of service connection based on toxic exposure; definitions

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

38 U.S.C. § 1171 — Procedures to determine presumptions of service connection based on toxic exposure; definitions

**(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

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Source location: Title 38, Chapter 11, § 1171; 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. § 1172 — Annual notice and opportunity for public comment

**(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

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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

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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

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

38 U.S.C. § 1176 — Agreement with National Academies of Sciences, Engineering, and Medicine concerning toxic exposures

**(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

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

38 U.S.C. § 1173 — Formal evaluation of recommendations

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

10 U.S.C. § 996 — Individual Longitudinal Exposure Record

**(a) Establishment.—** The Secretary of Defense shall maintain a data system that is a central web portal for exposure-related data that compiles, collates, presents, and provides available occupational and environmental exposure information to support the needs of the Department of Defense and the Department of Veterans Affairs. Such data system shall be referred to as the “Individual Longitudinal Exposure Record”. **(b) Elements.—** The Individual Longitudinal Exposure Record includes the following elements: (1) Service records of members of the armed forces. (2) All data available to the Secretary regarding how, where, and when members of the armed forces have been exposed to various occupational or environmental hazards. (3) Medical records of members relating to exposures described in paragraph (2), including diagnoses, treatment plans, and laboratory data. **(c) Service Records.—** If a member is a member described in paragraph (2) of subsection (b), the Secretary shall include the data described in such paragraph in the service record of such member. **(d) Data Sharing.—** The Secretary shall provide access to information in the Individual Longitudinal Exposure Record to the following: (1) The Secretary of Veterans Affairs. (2) The Director of the Defense Health Agency, for use by health care providers, epidemiologists, and researchers of the Department of Defense. (3) The Under Secretary for Health of the Department of Veterans Affairs, for use by health care providers, epidemiologists, and researchers of such department. (4) The Under Secretary for Benefits of the Department of Veterans Affairs, for use by personnel of such department regarding compensation and benefits for service-connected disabilities or death. **(e) Annual Briefing.—** (1) The

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

10 U.S.C. § 1071 — Purpose of this chapter

The purpose of this chapter is to create and maintain high morale in the uniformed services by providing an improved and uniform program of medical and dental care for members and certain former members of those services, and for their dependents.

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

38 U.S.C. § 1171 — Procedures to determine presumptions of

Page 201 TITLE 38—VETERANS’ BENEFITS § 1172 1 Another section 1167 is set out preceding section 1168. (c) TOXIC EXPOSURE RISK ACTIVITY DEFINED.— In this section, the term ‘‘toxic exposure risk activity’’ has the meaning given that term in section 1710(e)(4) of this title. (Added Pub. L. 117–168, title III, § 303, Aug. 10, 2022, 136 Stat. 1779.) § 1167.1 Mental health consultations (a) IN GENERAL.—Not later than 30 days after the date on which a veteran submits to the Sec- retary a claim for compensation under this chapter for a service-connected disability relat- ing to a mental health diagnosis, the Secretary shall offer the veteran a mental health consulta- tion to assess the mental health needs of, and care options for, the veteran. (b) AVAILABILITY.—The Secretary shall— (1) offer a veteran a consultation under sub- section (a) without regard to any previous de- nial or approval of a claim of that veteran for a service-connected disability relating to a mental health diagnosis; and (2) ensure that a veteran offered a mental health consultation under subsection (a) may elect to receive such consultation during the one-year period beginning on the date on which the consultation is offered or during such longer period beginning on such date as the Secretary considers appropriate. (c) RULE OF CONSTRUCTION.—A consultation provided to a veteran under this section shall not be construed as a determination that any disability of such veteran is service-connected for the purposes of any benefit under the laws administered by the Secretary. (Added Pub. L. 117–328, div. V, title IV, § 404(a)(1), Dec. 29, 2022, 136 Stat. 5512.) SUBCHAPTER VII—DETERMINATIONS RE- LATING TO PRESUMPTIONS OF SERVICE CONNECTION BASED ON TOXIC EXPO- SURE § 1171. Proc

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