Title 38Veterans' BenefitsRelease 119-73not60

§1168 Medical Nexus Examinations for Toxic Exposure Risk Activities

Title 38 › Part II— GENERAL BENEFITS › Chapter 11— COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › Subchapter VI— GENERAL COMPENSATION PROVISIONS › § 1168

Last updated Apr 5, 2026|Official source

Summary

If a veteran files for disability pay under section 1110 and gives proof of a disability plus proof they took part in a toxic‑exposure risk activity while on active duty, but that proof does not by itself show the disability came from service, the Secretary must arrange a medical exam under section 5103A(d) and get a medical opinion about whether it is at least as likely as not that the disability is connected to the toxic exposure. The medical opinion must look at the veteran’s total possible exposure across all deployments and at the combined effects of the veteran’s toxic‑exposure activities. A health care provider does not have to break down the combined effects for every single listed chemical or hazard. Subsection (a) does not apply if the Secretary finds no sign of a link between the claimed disability and the reported toxic‑exposure activity. “Toxic‑exposure risk activity” is defined in section 1710(e)(4).

Full Legal Text

Title 38, §1168

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)Except as provided in subsection (b), 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 evidence of participation in a toxic exposure risk activity during active military, naval, air, or space service, and such evidence is not sufficient to establish a service connection for the disability, the Secretary shall—
(A)provide the veteran with a medical examination under section 5103A(d) of this title; and
(B)obtain a medical opinion (to be requested by the Secretary in connection with the medical examination under subparagraph (A)) as to whether it is at least as likely as not that there is a nexus between the disability and the toxic exposure risk activity.
(2)When providing the Secretary with a medical opinion under paragraph (1)(B) for a veteran, the health care provider shall consider—
(A)the total potential exposure through all applicable military deployments of the veteran; and
(B)the synergistic, combined effect of all toxic exposure risk activities of the veteran.
(3)The requirement under paragraph (2)(B) shall not be construed as requiring a health care provider to consider the synergistic, combined effect of each of the substances, chemicals, and airborne hazards identified in the list under section 1119(b)(2) of this title.
(b)Subsection (a) shall not apply if the Secretary determines there is no indication of an association between the disability claimed by the veteran and the toxic exposure risk activity for which the veteran submitted evidence.
(c)In this section, the term “toxic exposure risk activity” has the meaning given that term in section 1710(e)(4) of this title.

Reference

Citations & Metadata

Citation

38 U.S.C. § 1168

Title 38Veterans' Benefits

Last Updated

Apr 5, 2026

Release point: 119-73not60