Title 38Veterans' BenefitsRelease 119-73

§1173 Formal evaluation of recommendations

Title 38 › Part PART II— - GENERAL BENEFITS › Chapter CHAPTER 11— - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › Subchapter SUBCHAPTER VII— - DETERMINATIONS RELATING TO PRESUMPTIONS OF SERVICE CONNECTION BASED ON TOXIC EXPOSURE › § 1173

Last updated Apr 6, 2026|Official source

Summary

The Secretary must create a process to do a formal review for every recommendation from the Working Group. Each review must look at scientific studies (human, animal, lab, and methods), claims data (how often claims are filed and granted and how common service connection is), and other relevant things like how serious or deadly the health effect is, how much and how good the information is, how long it would take to get more evidence, whether the condition is linked to combat or deployment, how common the condition is, and when the condition usually appears. Each review must follow rules of scientific honesty and not hide or twist results. The review must judge how likely a positive link is between a toxic exposure while serving and an illness. It must sort the evidence into four levels: strong enough to say a link exists; enough to say a link is at least as likely as not but not strong enough to prove it; too weak to say either way; or evidence that argues against a link. Within 120 days after a review starts, the part of the Department doing the review must send the Secretary a recommendation on whether to create or change a presumption that the illness was caused by service.

Full Legal Text

Title 38, §1173

Veterans' Benefits — Source: USLM XML via OLRC

(a)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.
(b)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)(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 the active military, naval, air, or space service; and
(ii)assesses the toxic exposures and illnesses and determines whether the evidence supports a finding of a positive association between the toxic exposure and the illness.
(2)In carrying out paragraph (1)(B)(ii), a formal evaluation under subsection (a) shall include reviewing all relevant data to determine the strength of evidence for a positive association based on the following four categories:
(A)The “sufficient” category, where the evidence is sufficient to conclude that a positive association exists.
(B)The “equipoise and above” category, where the evidence is sufficient to conclude that a positive association is at least as likely as not, but not sufficient to conclude that a positive association exists.
(C)The “below equipoise” category, where the evidence is not sufficient to conclude that a positive association is at least as likely as not, or is not sufficient to make a scientifically informed judgment.
(D)The “against” category, where the evidence suggests the lack of a positive association.
(d)Not later than 120 days after the date on which a formal evaluation is commenced, the element of the Department that conducts the evaluation shall submit to the Secretary a recommendation with respect to establishing a presumption of service connection for the toxic exposure and illness, or modifying an existing presumption of service connection, covered by the evaluation.

Reference

Citations & Metadata

Citation

38 U.S.C. § 1173

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73