§1119 — Title 38 Veterans' Benefits | U.S. Code

Summary

When a veteran files for disability and shows a health problem plus evidence of a toxic exposure during active duty, the VA may look at exposure-tracking records. If no tracking record shows an exposure, the VA may look at the total circumstances of the veteran’s service to decide the claim. The VA must treat certain veterans as having been exposed to listed toxic substances, chemicals, or airborne hazards during the service periods the law covers, unless there is clear proof they were not exposed. The VA must make and keep a list of those substances with the Department of Defense, decide if and when to set an end date for the presumption (but not earlier than the last day of the Persian Gulf War period in section 101(33)), and report any list changes to Congress beginning within two years after the 2022 Act and at least every two years after that. Covered veteran — one-line: a veteran who served on or after Aug 2, 1990 in certain Gulf-area duty stations or on or after Sept 11, 2001 in Afghanistan and other listed or Secretary-identified countries. Exposure tracking record system — one-line: any VA or DoD system used to record veteran exposures (including the Individual Longitudinal Exposure Record). Toxic exposure risk activity — one-line: defined by section 1710(e)(4).

Title 38, §1119

Veterans' Benefits — Source: USLM XML via OLRC

(a)If a veteran submits to the Secretary a claim for compensation for a service-connected disability under section 1110 of this title with evidence of a disability and a toxic exposure that occurred during active military, naval, air, or space service, the Secretary may, in adjudicating such claim, consider—

(1)any record of the veteran in an exposure tracking record system; and

(2)if no record of the veteran in an exposure tracking record system indicates that the veteran was subject to a toxic exposure during active military, naval, air, or space service, the totality of the circumstances of the service of the veteran.

(b)(1)The Secretary shall, for purposes of section 1110 and chapter 17 of this title, presume that any covered veteran was exposed to the substances, chemicals, and airborne hazards identified in the list under paragraph (2) during the service of the covered veteran specified in subsection (c)(1), unless there is affirmative evidence to establish that the covered veteran was not exposed to any such substances, chemicals, or hazards in connection with such service.

(2)The Secretary shall—

(A)establish and maintain a list that contains an identification of one or more such substances, chemicals, and airborne hazards as the Secretary, in collaboration with the Secretary of Defense, may determine appropriate for purposes of this section; and

(B)determine, using procedures consistent with section 1172 of this title and through the conduct of a formal evaluation under section 1173 of this title, whether to establish an end date for a covered veteran to qualify for presumptions of exposure under this section, if appropriate, but in no case establish an end date earlier than the last day of the period specified in section 101(33) for the Persian Gulf War.

(3)Beginning not later than two years after the date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, and not less frequently than once every two years thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report identifying any additions or removals to the list under paragraph (2) during the period covered by the report.

(c)In this section:

(1)The term “covered veteran” means any veteran who—

(A)on or after August 2, 1990, performed active military, naval, air, or space service while assigned to a duty station in, including airspace above—

(i)Bahrain;

(ii)Iraq;

(iii)Kuwait;

(iv)Oman;

(v)Qatar;

(vi)Saudi Arabia;

(vii)Somalia; or

(viii)United Arab Emirates; or

(B)on or after September 11, 2001, performed active military, naval, air, or space service while assigned to a duty station in, including airspace above—

(i)Afghanistan;

(ii)Djibouti;

(iii)Egypt;

(iv)Jordan;

(v)Lebanon;

(vi)Syria;

(vii)Yemen;

(viii)Uzbekistan; or

(ix)any other country determined relevant by the Secretary.

(2)The term “exposure tracking record system”—

(A)means any system, program, or pilot program used by the Secretary of Veterans Affairs or the Secretary of Defense to track how veterans or members of the Armed Forces have been exposed to various occupational or environmental hazards; and

(B)includes the Individual Longitudinal Exposure Record, or successor system.

(3)The term “toxic exposure risk activity” has the meaning given such term in section 1710(e)(4) of this title.

Editorial Notes

References in Text

The date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (b)(3), is the date of enactment of Pub. L. 117–168, which was approved Aug. 10, 2022.

§1119 Presumptions of Toxic Exposure

Summary

Title 38, §1119

Notes & Related Subsidiaries

Editorial Notes

References in Text

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