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Title 38 — Veterans' BenefitsRelease 119-73

§1116B Presumption of herbicide exposure for certain veterans who served in Korea

Title 38 › Part PART II— - GENERAL BENEFITS › Chapter CHAPTER 11— - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › Subchapter SUBCHAPTER II— - WARTIME DISABILITY COMPENSATION › § 1116B

Last updated Apr 6, 2026|Official source

Summary

VA must treat certain diseases as caused by military service for veterans who served in or near the Korean Demilitarized Zone (DMZ) from September 1, 1967, through August 31, 1971, for the purposes of section 1110 and subject to the limits in section 1113, even if there was no record of the disease during their service. The covered diseases are the ones named in section 1116(a)(2) when they show up as described there, plus any other disease the Secretary adds under subchapter VII when regulations show a positive link to herbicide exposure and when it appears within the time limits those regulations set. "Herbicide agent" means what section 1821(d) defines.

Full Legal Text

Title 38, §1116B

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)For the purposes of section 1110 of this title, and subject to section 1113 of this title, 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)A disease specified in this subsection is—
(1)a disease specified in paragraph (2) of subsection (a) of section 1116 of this title 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)For purposes of this section, the term “herbicide agent” has the meaning given such term in section 1821(d) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (b)(2)(A). Pub. L. 117–168 inserted “pursuant to subchapter VII of this chapter,” before “the Secretary determines”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 116–23, § 3(d), June 25, 2019, 133 Stat. 970, provided that: “The

Amendments

made by this section [enacting this section] shall take effect on
January 1, 2020.” Implementation Pub. L. 116–23, § 3(c),
June 25, 2019, 133 Stat. 970, provided that: “(1) Guidance.—Notwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guidance to implement section 1116B of title 38, United States Code, as added by subsection (a), before prescribing 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 to respond to inquiries from veterans regarding claims for disability compensation under section 1116B of title 38, United States Code, as added by subsection (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 1116B, 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 implementation 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 Administration 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.”

Reference

Citations & Metadata

Citation

38 U.S.C. § 1116B

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73