38 U.S.C. § 1116 : US Code - Section 1116: Presumptions of service connection for diseases associated with exposure to certain herbicide agents; presumption of exposure for veterans who served in the Republic of Vietnam

Search 38 U.S.C. § 1116 : US Code - Section 1116: Presumptions of service connection for diseases associated with exposure to certain herbicide agents; presumption of exposure for veterans who served in the Republic of Vietnam

(a)(1) For the purposes of section 1110 of this title, and
subject to section 1113 of this title -
(A) a disease specified in paragraph (2) of this subsection
becoming manifest as specified in that paragraph in a veteran
who, during active military, naval, or air service, served in the
Republic of Vietnam during the period beginning on January 9,
1962, and ending on May 7, 1975; and
(B) each additional disease (if any) that (i) the Secretary
determines in regulations prescribed under this section warrants
a presumption of service-connection by reason of having positive
association with exposure to an herbicide agent, and (ii) becomes
manifest within the period (if any) prescribed in such
regulations in a veteran who, during active military, naval, or
air service, served in the Republic of Vietnam during the period
beginning on January 9, 1962, and ending on May 7, 1975, and
while so serving was exposed to that herbicide agent,
shall be considered to have been incurred in or aggravated by such
service, notwithstanding that there is no record of evidence of
such disease during the period of such service.
(2) The diseases referred to in paragraph (1)(A) of this
subsection are the following:
(A) Non-Hodgkin's lymphoma becoming manifest to a degree of
disability of 10 percent or more.
(B) Each soft-tissue sarcoma becoming manifest to a degree of
disability of 10 percent or more other than osteosarcoma,
chondrosarcoma, Kaposi's sarcoma, or mesothelioma.
(C) Chloracne or another acneform disease consistent with
chloracne becoming manifest to a degree of disability of 10
percent or more within one year after the last date on which the
veteran performed active military, naval, or air service in the
Republic of Vietnam during the period beginning on January 9,
1962, and ending on May 7, 1975.
(D) Hodgkin's disease becoming manifest to a degree of
disability of 10 percent or more.
(E) Porphyria cutanea tarda becoming manifest to a degree of
disability of 10 percent or more within a year after the last
date on which the veteran performed active military, naval, or
air service in the Republic of Vietnam during the period
beginning on January 9, 1962, and ending on May 7, 1975.
(F) Respiratory cancers (cancer of the lung, bronchus, larynx,
or trachea) becoming manifest to a degree of disability of 10
percent or more.
(G) Multiple myeloma becoming manifest to a degree of
disability of 10 percent or more.
(H) Diabetes Mellitus (Type 2).
(3) For purposes of this section, the term "herbicide agent"
means a chemical in an herbicide used in support of the United
States and allied military operations in the Republic of Vietnam
during the period beginning on January 9, 1962, and ending on May
7, 1975.
(b)(1) Whenever the Secretary determines, on the basis of sound
medical and scientific evidence, that a positive association exists
between (A) the exposure of humans to an herbicide agent, and (B)
the occurrence of a disease in humans, the Secretary shall
prescribe regulations providing that a presumption of service
connection is warranted for that disease for the purposes of this
section.
(2) In making determinations for the purpose of this subsection,
the Secretary shall take into account (A) reports received by the
Secretary from the National Academy of Sciences under section 3 of
the Agent Orange Act of 1991, and (B) all other sound medical and
scientific information and analyses available to the Secretary. In
evaluating any study for the purpose of making such determinations,
the Secretary shall take into consideration whether the results are
statistically significant, are capable of replication, and
withstand peer review.
(3) An association between the occurrence of a disease in humans
and exposure to an herbicide agent shall be considered to be
positive for the purposes of this section if the credible evidence
for the association is equal to or outweighs the credible evidence
against the association.
(c)(1)(A) Not later than 60 days after the date on which the
Secretary receives a report from the National Academy of Sciences
under section 3 of the Agent Orange Act of 1991, the Secretary
shall determine whether a presumption of service connection is
warranted for each disease covered by the report. If the Secretary
determines that such a presumption is warranted, the Secretary, not
later than 60 days after making the determination, shall issue
proposed regulations setting forth the Secretary's determination.
(B) If the Secretary determines that a presumption of service
connection is not warranted, the Secretary, not later than 60 days
after making the determination, shall publish in the Federal
Register a notice of that determination. The notice shall include
an explanation of the scientific basis for that determination. If
the disease already is included in regulations providing for a
presumption of service connection, the Secretary, not later than 60
days after publication of the notice of a determination that the
presumption is not warranted, shall issue proposed regulations
removing the presumption for the disease.
(2) Not later than 90 days after the date on which the Secretary
issues any proposed regulations under this subsection, the
Secretary shall issue final regulations. Such regulations shall be
effective on the date of issuance.
(d) Whenever a disease is removed from regulations prescribed
under this section -
(1) a veteran who was awarded compensation for such disease on
the basis of the presumption provided in subsection (a) before
the effective date of the removal shall continue to be entitled
to receive compensation on that basis; and
(2) a survivor of a veteran who was awarded dependency and
indemnity compensation for the death of a veteran resulting from
such disease on the basis of such presumption shall continue to
be entitled to receive dependency and indemnity compensation on
such basis.
(e) Subsections (b) through (d) shall cease to be effective on
September 30, 2015.
(f) For purposes of establishing service connection for a
disability or death resulting from exposure to a herbicide agent,
including a presumption of service-connection under this section, a
veteran who, during active military, naval, or air service, served
in the Republic of Vietnam during the period beginning on January
9, 1962, and ending on May 7, 1975, shall be presumed to have been
exposed during such service to an herbicide agent containing dioxin
or 2,4-dichlorophenoxyacetic acid, and may be presumed to have been
exposed during such service to any other chemical compound in an
herbicide agent, unless there is affirmative evidence to establish
that the veteran was not exposed to any such agent during that
service.