§1119 Presumptions of Toxic Exposure

Summary

When a veteran files for disability and says a service-related illness came from toxic exposure during active duty, the VA can check any exposure-tracking records it or the Defense Department has about that veteran. If those records do not show an exposure, the VA can look at all the facts about the veteran’s service to decide the claim. The VA must assume a "covered veteran" was exposed to certain listed toxic substances while serving in specified locations, unless there is clear proof they were not exposed. The VA will make and keep that list with the Defense Department, review it and report any changes to Congress every two years starting within two years after the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022. A covered veteran is someone who served on or after August 2, 1990 in Gulf-area locations (for example Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, United Arab Emirates) or on or after September 11, 2001 in places like Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Yemen, Uzbekistan, or other countries the VA adds. An exposure-tracking system means any VA or Defense system that records possible exposures, including the Individual Longitudinal Exposure Record. "Toxic exposure risk activity" is defined elsewhere in the law.