Browse Arkansas Code titles and sections

38 U.S.C. § 1116B — Presumption of herbicide exposure for certain veterans who served in Korea

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

38 U.S.C. § 1116B — Presumption of herbicide exposure for certain veterans who served in Korea

**(a) Presumption of Service-Connection.—** (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 disease specified in subsection (b) that becomes manifest as specified in that subsection in a veteran described in paragraph (2) shall be considered to have been incurred or aggravated in the line of duty in the active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during the period of such service. (2) A veteran described in this paragraph is a veteran who, during active military, naval, or air service, served in or near the Korean Demilitarized Zone (DMZ), during the period beginning on September 1, 1967, and ending on August 31, 1971. **(b) Diseases.—** A disease specified in this subsection is— (1) a disease specified in paragraph (2) of subsection (a) of [section 1116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1116&num=0&edition=prelim) that becomes manifest as specified in that paragraph; or (2) any additional disease that— (A) pursuant to subchapter VII of this chapter, the Secretary determines in regulations warrants a presumption of service-connection by reason of having positive association with exposure to an herbicide agent; and (B) becomes manifest within any period prescribed in such regulations. **(c) Herbicide Agent.—** For purposes of this section, the term “herbicide agent” has the meaning given such term in [section 1821(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pr

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

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: c85ec7bfd6c887b599a2d937c689a90e070e1eb487eec81ba20f9a52499cffeb. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_f782fbc2546145d92aaaffda
Source file: Laws/federal/codes/united-states-code/title-38/section-1116b-presumption-of-herbicide-exposure-for-certain-veterans-who-served-in-kor--f70542393c.md
Pages: Not recorded – Not recorded
Passage SHA-256: b7262e4e5e725e0a0a78344dd2d4c4f55ee416647bf6a602667e790984d9f503

Source location: Title 38, Chapter 11, § 1116B; chapter-011-compensation-for-service-connected-disability-or-death.md

Stored source content

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

38 U.S.C. § 1116B — Presumption of herbicide exposure for

Page 170 TITLE 38—VETERANS’ BENEFITS § 1116B Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 116–23, § 2(g), June 25, 2019, 133 Stat. 969, pro- vided that: ‘‘The amendments made by this section [en- acting this section and amending section 1710 of this title] shall take effect on January 1, 2020.’’ IMPLEMENTATION Pub. L. 116–23, § 2(c), June 25, 2019, 133 Stat. 968, pro- vided that: ‘‘(1) GUIDANCE.—Notwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guid- ance to implement section 1116A of title 38, United States Code, as added by subsection (a), before pre- scribing new regulations under such section. ‘‘(2) UPDATES.—(A) Not later than 120 days after the date of the enactment of this Act [June 25, 2019], the Secretary shall submit a report to the Committees on Veterans’ Affairs of the House of Representatives and the Senate regarding the plans of the Secretary— ‘‘(i) to conduct outreach under subsection (d); and ‘‘(ii) to respond to inquiries from veterans regard- ing claims for disability compensation under section 1116A of title 38, United States Code, as added by sub- section (a) of this section. ‘‘(B) On a quarterly basis during the period beginning on the date of the enactment of this Act and ending on the date on which regulations are prescribed to carry out such section 1116A, the Secretary shall submit to 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 such section 1116A. ‘‘(B) CLAIMS DESCRIBED.—A claim described in this subparagrap

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

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.