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Title 38 — Veterans' BenefitsRelease 119-73

§1120 Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins

Title 38 › Part PART II— - GENERAL BENEFITS › Chapter CHAPTER 11— - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › Subchapter SUBCHAPTER II— - WARTIME DISABILITY COMPENSATION › § 1120

Last updated Apr 6, 2026|Official source

Summary

Presumes that certain diseases in covered veterans were caused or made worse by their military service, even if the medical records from their time in service do not show the illness. It covers asthma diagnosed after service; many cancers (head, neck, respiratory, gastrointestinal, reproductive, lymphoma, kidney, brain, melanoma, and pancreatic); and many lung and respiratory conditions (including chronic bronchitis, chronic obstructive pulmonary disease, constrictive or obliterative bronchiolitis, emphysema, granulomatous disease, interstitial lung disease, pleuritis, pulmonary fibrosis, sarcoidosis, chronic sinusitis, chronic rhinitis, and glioblastoma). The VA Secretary can add other diseases by rule if they find a positive link to substances listed in section 1119(b)(2). This rule applies under section 1110 and is subject to section 1113. covered veteran — the group defined in section 1119(c) of this title.

Full Legal Text

Title 38, §1120

Veterans' Benefits — Source: USLM XML via OLRC

(a)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, notwithstanding that there is no record of evidence of such disease during the period of such service.
(b)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 1119(b)(2) of this title.
(c)In this section, the term “covered veteran” has the meaning given that term in section 1119(c) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (b)(2)(G) to (K). Pub. L. 117–263 redesignated subpars. (H) to (K) as (G) to (J), respectively, and struck out former subpar. (G) which read as follows: “Lymphomatic cancer of any type.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2022 Amendment Pub. L. 117–263, div. E, title LI, § 5124(d), Dec. 23, 2022, 136 Stat. 3211, provided that: “The

Amendments

made by this section [amending this section and section 8103 and 8104 of this title] shall take effect as if included in the enactment of the Honoring our PACT Act of 2022 (Public Law 117–168).”

Effective Date

Pub. L. 117–168, title IV, § 406(d), Aug. 10, 2022, 136 Stat. 1784, provided that: “The

Amendments

made by this section [enacting this section and amending section 1113 of this title] shall take effect on the date of the enactment of this Act [Aug. 10, 2022] and shall apply as follows: “(1) On the date of the enactment of this Act for claimants for dependency and indemnity compensation under chapter 13 of title 38, United States Code, and veterans whom the Secretary of Veterans Affairs determines are—“(A) terminally ill; “(B) homeless; “(C) under extreme financial hardship; “(D) more than 85 years old; or “(E) capable of demonstrating other sufficient cause. “(2) On the date of the enactment of this Act for everyone not described in paragraph (1), with respect to paragraphs (1), (2)(C), (2)(I) [now (2)(H)], (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14), of section 1120(b) of title 38, United States Code, as added by subsection (b). “(3) On
October 1, 2023, for everyone not described in paragraph (1), with respect to paragraphs (3) and (4) of section 1120(b) of such title, as so added. “(4) On
October 1, 2024, for everyone not described in paragraph (1), with respect to subparagraphs (A), (B), (D), (E), (F), [former] (G), and (K) [now (J)] of section 1120(b)(2) of such title, as so added. “(5) On
October 1, 2025, for everyone not described in paragraph (1), with respect to subparagraphs (H) [now (G)] and (J) [now (I)] of section 1120(b)(2) of such title, as so added.”

Reference

Citations & Metadata

Citation

38 U.S.C. § 1120

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73