§ 1112. Presumptions relating to certain diseases and disabilities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 1112

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1120, § 312

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1120, § 312

2. 1959

   Pub. L. 86–188 · 73 Stat. 418

   Inserted · 38 U.S.C. § 1112

   Pub. L. 86–188 inserted par. (5)

   Source evidence

   Code amendment note
   Pub. L. 86–188 inserted par. (5).

3. 1959

   Pub. L. 86–187 · 73 Stat. 418

   Substituted · 38 U.S.C. § 1112

   Pub. L. 86–187 substituted “three years” for “two years” in par. (4)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 86–187 substituted “three years” for “two years” in par. (4).

4. 1962

   Pub. L. 87–645 § 3 · 76 Stat. 441

   Substituted · 38 U.S.C. § 1112

   Pub. L. 87–645 substituted “seven years” for “three years” in par. (4)

   Source evidence

   Code amendment note
   Pub. L. 87–645 substituted “seven years” for “three years” in par. (4).

   Enacted provision · exact public law section
   Sec. 3. Section 312(4) of title 38, United States Code, is amended by striking out “three” and inserting in lieu thereof “seven”.

5. 1970

   Pub. L. 91–376 § 3(a) · 84 Stat. 787

   1. Inserted · 38 U.S.C. § 1112

      Pub. L. 91–376 inserted reference to disabilities in section catchline

   2. Amended · 38 U.S.C. § 1112

      Pub. L. 91–376 designated existing provisions as subsec. (a)

   3. Added · 38 U.S.C. § 1112

      Pub. L. 91–376 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Pub. L. 91–376 inserted reference to disabilities in section catchline, designated existing provisions as subsec. (a), and added subsecs. (b) and (c).

   Enacted provision · exact public law section
   (a) Section 312 of title 38, United States Code, is amended by striking out “For” at the beginning of such section and inserting in lieu thereof “(a) For”; and by adding the following new subsections: “(b) For the purposes of subsection (c) of this section, any veteran who, while serving in the active military, naval, or air service, was held as a prisoner of war for not less than six months by the Imperial Japanese Government or the German Government during World War II, by the Government of North Korea during the Ko-rean conflict, or by the Government of North Korea, the Government of North Vietnam or the Viet Cong forces during the Vietnam era, or by their respective agents, shall be deemed to have suffered from dietary deficiencies, forced labor, or inhumane treatment in violation of the terms of the Geneva Conventions of July 27, 1929, and August 12, 47 Stat. 2021. 6 UST 3316. 1949. “(c) For the purposes of section 310 of this title and subject to the 72 Stat. 1119. provisions of section 313 of this title, in the case of any veteran who, while serving in the active military, naval, or air service and while held as a prisoner of war by an enemy government, or its agents during World War IT, the Korean conflict, or the Vietnam era, suffered from dietary deficiencies, forced labor, or inhumane treatment (in violation of the terms of the Geneva (Conventions of July 27, 1929, and August 12, 1949), the disease of— “(1) Avitaminosis, Beriberi (including beriberi heart disease), Chronic dysentary, Helminthiasis, Malnutrition (including optic atrophy associated with malnutrition), Pellagra, or Any other nutritional deficiency, which became manifest to a degree of 10 per centum or more after such service; or “(2) Psychosis which became manifest to a degree of 10 per centum or more within two years from the date of separation from such service; shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of such disease during the period of service.”

6. 1981

   Former Prisoner of War Benefits Act of 1981

   Pub. L. 97–37 § 4(a)(1) · 95 Stat. 935

   Redesignated · 38 U.S.C. § 1112(b); 38 U.S.C. § 1112(c)

   Pub. L. 97–37, § 4(a)(1), (2), redesignated subsec. (c) as (b) and generally revised structure so as to include anxiety states as a listed disease, and exclude the enumerated armed conflicts and resulting treatment incurred. Former subsec. (b), relating to treatment as a prisoner of war as deemed in violation of the Geneva Conventions of 1929 and 1949, was struck out

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 97–37, § 4(a)(1), (2), redesignated subsec. (c) as (b) and generally revised structure so as to include anxiety states as a listed disease, and exclude the enumerated armed conflicts and resulting treatment incurred. Former subsec. (b), relating to treatment as a prisoner of war as deemed in violation of the Geneva Conventions of 1929 and 1949, was struck out.

   Enacted provision · exact public law section
   (1) by striking out subsection (b); and

7. 1984

   Veterans’ Compensation and Program Improvements Amendments of 1984

   Pub. L. 98–223 § 101(c) · 98 Stat. 37

   Substituted · 38 U.S.C. § 1112(a)(1)(5)

   Pub. L. 98–223, § 101(c), substituted “percent” for “per centum”

   Source evidence

   Code amendment note
   Subsec. (a)(1) to (5). Pub. L. 98–223, § 101(c), substituted “percent” for “per centum”.

   Enacted provision · exact public law section
   (c) Sections 312 and 355 are amended by striking out “per centum” each place it appears and inserting in lieu thereof “percent”.

8. 1984

   Veterans’ Compensation and Program Improvements Amendments of 1984

   Pub. L. 98–223 § 111 · 98 Stat. 37

   Added · 38 U.S.C. § 1112(b)

   Pub. L. 98–223, § 111, added par. (10)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–223, § 111, added par. (10).

   Enacted provision · exact public law section
   Sec. 111. presumption concerning dysthymic disorder Section 312(b) is amended— (1) by striking out “or” at the end of clause (8); (2) by inserting “or” at the end of clause (9); and (3) by inserting after clause (9) the following new clause: “(10) dysthymic disorder (or depressive neurosis),”.

9. 1984

   Veterans’ Compensation and Program Improvements Amendments of 1984

   Pub. L. 98–223 § 101(c) · 98 Stat. 37

   Substituted · 38 U.S.C. § 1112(b)

   Pub. L. 98–223, § 101(c), substituted “percent” for “per centum” in provision following par. (10)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–223, § 101(c), substituted “percent” for “per centum” in provision following par. (10).

   Enacted provision · exact public law section
   (c) Sections 312 and 355 are amended by striking out “per centum” each place it appears and inserting in lieu thereof “percent”.

10. 1986

    Pub. L. 99–576 title I § 108(a) · 100 Stat. 3248

    Added · 38 U.S.C. § 1112(b)(11); 38 U.S.C. § 1112(b)(12)

    Pub. L. 99–576 added pars. (11) and (12)

    Source evidence

    Code amendment note
    Subsec. (b)(11), (12). Pub. L. 99–576 added pars. (11) and (12).

    Enacted provision · exact public law section
    (a) Presumption of Service Connection for Certain Disabilities.— Section 312(b) is amended— (1) by striking out “or” at the end of clause (9); and (2) by inserting after clause (10) the following new clauses: “(11) organic residuals of frostbite, if the Administrator determines that the veteran was interned in climatic conditions consistent with the occurrence of frostbite, or “(12) post-traumatic osteoarthritis,”.

11. 1988

    Veterans

    Pub. L. 100–322 title III § 312 · 102 Stat. 487

    Added · 38 U.S.C. § 1112(b)(13)(15)

    Pub. L. 100–322 added pars. (13) to (15)

    Source evidence

    Code amendment note
    Subsec. (b)(13) to (15). Pub. L. 100–322 added pars. (13) to (15).

    Enacted provision · exact public law section
    SEC. 312. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN DISABILITIES FOR FORMER PRISONERS OF WAR. Section 312(b) is amended— (1) by striking out “or” at the end of clause (11); and (2) by inserting after clause (12) the following new clauses: “(13) peripheral neuropathy except where directly related to infectious causes, “(14) irritable bowel syndrome, or “(15) peptic ulcer disease,”.

12. 1988

    Radiation-Exposed Veterans Compensation Act of 1988

    Pub. L. 100–321 § 2(a) · 102 Stat. 485

    Added · 38 U.S.C. § 1112(c)

    Pub. L. 100–321 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–321 added subsec. (c).

    Enacted provision · exact public law section
    (a) Presumption.— Section 312 of title 38, United States Code, is amended by adding at the end the following new subsection: “(c) (1) For the purposes of section 310 of this title, and subject to the provisions of section 313 of this title, a disease specified in paragraph (2) of this subsection becoming manifest in a radiation-exposed veteran to a degree of 10 percent or more within the presumption period (as specified in paragraph (3) of this subsection) shall be considered to have been incurred in or aggravated during the veteran’s service on active duty, 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) of this subsection are the following: “(A) Leukemia (other than chronic lymphocytic leukemia). “(B) Cancer of the thyroid. “(C) Cancer of the breast. “(D) Cancer of the pharynx, “(E) Cancer of the esophagus. “(F) Cancer of the stomach. “(G) Cancer of the small intestine. “(H) Cancer of the pancreas. “(I) Multiple myeloma. “(J) Lymphomas (except Hodgkin’s disease). “(K) Cancer of the bile ducts. “(L) Cancer of the gall bladder. “(M) Primary liver cancer (except if cirrhosis or hepatitis B is indicated). “(3) The presumption period for purposes of paragraph (1) of this subsection is the 40-year period beginning on the last date on which the veteran participated in a radiation-risk activity, except that such period shall be the 30-year period beginning on that date in the case of leukemia (other than chronic lymphocytic leukemia). “(4) For the purposes of this subsection: “(A) The term ‘radiation-exposed veteran’ means a veteran who, while serving on active duty, participated in a radiation-risk activity. “(B) The term ‘radiation-risk activity’ means any of the following: “(i) Onsite participation in a test involving the atmospheric detonation of a nuclear device. “(ii) The occupation of Hiroshima or Nagasaki, Japan, by United States forces during the period beginning on August 6, 1945, and ending on July 1, 1946. “(iii) Internment as prisoner of war in Japan (or service on active duty in Japan immediately following such internment) during World War II which (as determined by the Administrator) resulted in an opportunity for exposure to ionizing radiation comparable to that of veterans described in clause (ii) of this subparagraph.”.

13. 1991

    Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 1112

    Pub. L. 102–83, § 5(a), renumbered section 312 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 312 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

14. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 1112(a)

       Pub. L. 102–83, § 5(c)(1), substituted “1110” for “310” in introductory provisions

    2. Substituted · 38 U.S.C. § 1112(a)

       Pub. L. 102–83, § 5(c)(1), substituted “1113” for “313” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1110” for “310” and “1113” for “313” in introductory provisions.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

15. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 1112(b)

       Pub. L. 102–83, § 5(c)(1), substituted “1110” for “310” in introductory provisions

    2. Substituted · 38 U.S.C. § 1112(b)

       Pub. L. 102–83, § 5(c)(1), substituted “1113” for “313” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “1110” for “310” and “1113” for “313” in introductory provisions.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

16. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1112(b)(11)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (b)(11). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

17. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 1112(c)(1)

       Pub. L. 102–83, § 5(c)(1), substituted “1110” for “310”

    2. Substituted · 38 U.S.C. § 1112(c)(1)

       Pub. L. 102–83, § 5(c)(1), substituted “1113” for “313”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(c)(1), substituted “1110” for “310” and “1113” for “313”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

18. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1112(c)(4)(B)(iii)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(B)(iii). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

19. 1991

    Pub. L. 102–86 § 105(1) · 105 Stat. 414

    Redesignated · 38 U.S.C. § 1112(c)(1)

    Pub. L. 102–86, § 105(1), amended subsec. (c)(1) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by substituting “during active military, naval, or air service” for “during the veteran’s service on active duty” and “during a period” for “during the period”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–86, § 105(1), amended subsec. (c)(1) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by substituting “during active military, naval, or air service” for “during the veteran’s service on active duty” and “during a period” for “during the period”.

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by striking out “during the veteran’s service on active duty” and inserting in lieu thereof “during active military, naval, or air service”; and (B) by striking out “during the period” and inserting in lieu thereof “during a period”; and

20. 1991

    Pub. L. 102–86 § 104(a) · 105 Stat. 414

    Redesignated · 38 U.S.C. § 1112(c)(3)

    Pub. L. 102–86, § 104(a), amended subsec. (c)(3) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by striking out before period at end “, except that such period shall be the 30-year period beginning on that date in the case of leukemia (other than chronic lymphocytic leukemia)”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 102–86, § 104(a), amended subsec. (c)(3) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by striking out before period at end “, except that such period shall be the 30-year period beginning on that date in the case of leukemia (other than chronic lymphocytic leukemia)”.

    Enacted provision · exact public law section
    (a) Change in Presumptive Period.— Section 312(c)(3) is amended 38 USC 1112. by striking out “, except that” and all that follows through “leukemia)”.

21. 1991

    Pub. L. 102–86 § 105(2) · 105 Stat. 414

    1. Redesignated · 38 U.S.C. § 1112(c)(4)(A)

       Pub. L. 102–86, § 105(2), amended subsec. (c)(4)(A) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by inserting “(i)” after “means”

    2. Added · 38 U.S.C. § 1112(c)(4)(A)

       Pub. L. 102–86, § 105(2), adding cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A). Pub. L. 102–86, § 105(2), amended subsec. (c)(4)(A) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by inserting “(i)” after “means” and adding cl. (ii).

    Enacted provision · exact public law section
    (2) in paragraph (4)(A)— (A) by inserting “(i)” after “means”; and (B) by inserting before the period at the end the following: “, or (ii) an individual who, while a member of a reserve component of the Armed Forces, participated in a radiation-risk activity during a period of active duty for training or inactive duty training”.

22. 1992

    Veterans

    Pub. L. 102–578 § 2(a)(1) · 106 Stat. 4774

    Struck · 38 U.S.C. § 1112(c)(1)

    Pub. L. 102–578, § 2(a)(1), struck out “to a degree of 10 percent or more within the presumption period (as specified in paragraph (3) of this subsection)” after “radiation-exposed veteran”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–578, § 2(a)(1), struck out “to a degree of 10 percent or more within the presumption period (as specified in paragraph (3) of this subsection)” after “radiation-exposed veteran”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking out “to a degree” and all that follows through “subsection)”;

23. 1992

    Veterans

    Pub. L. 102–578 § 2(a)(2) · 106 Stat. 4774

    Added · 38 U.S.C. § 1112(c)(2)(N); 38 U.S.C. § 1112(c)(2)(O)

    Pub. L. 102–578, § 2(a)(2), added subpars. (N) and (O)

    Source evidence

    Code amendment note
    Subsec. (c)(2)(N), (O). Pub. L. 102–578, § 2(a)(2), added subpars. (N) and (O).

    Enacted provision · exact public law section
    (2) in paragraph (2), by adding at the end the following new subparagraphs: “(N) Cancer of the salivary gland. “(O) Cancer of the urinary tract.”;

24. 1992

    Veterans

    Pub. L. 102–578 § 2(a)(3) · 106 Stat. 4774

    1. Redesignated · 38 U.S.C. § 1112(c)(3); 38 U.S.C. § 1112(c)(4)

       Pub. L. 102–578, § 2(a)(3), (4), redesignated par. (4) as (3)

    2. Struck · 38 U.S.C. § 1112(c)(3); 38 U.S.C. § 1112(c)(4)

       Pub. L. 102–578, § 2(a)(3), (4), struck out former par. (3) which read as follows: “The presumption period for purposes of paragraph (1) of this subsection is the 40-year period beginning on the last date on which the veteran participated in a radiation-risk activity.”

    Source evidence

    Code amendment note
    Subsec. (c)(3), (4). Pub. L. 102–578, § 2(a)(3), (4), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “The presumption period for purposes of paragraph (1) of this subsection is the 40-year period beginning on the last date on which the veteran participated in a radiation-risk activity.”

    Enacted provision · exact public law section
    (3) by striking out paragraph (3); and

25. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title V § 501(a) · 108 Stat. 4645

    Inserted · 38 U.S.C. § 1112(c)(3)(B)(i)

    Pub. L. 103–446 inserted before period at end “(without regard to whether the nation conducting the test was the United States or another nation)”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B)(i). Pub. L. 103–446 inserted before period at end “(without regard to whether the nation conducting the test was the United States or another nation)”.

    Enacted provision · exact public law section
    (a) Restatement of Absence of Statutory Limitation to United States Tests.— Clause (i) of section 1112(c)(3)(B) is 38 USC 1112. amended by inserting “(without regard to whether the nation conducting the test was the United States or another nation)” after “nuclear device”.

26. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 title V § 503 · 113 Stat. 1545

    Added · 38 U.S.C. § 1112(c)(2)(P)

    Pub. L. 106–117 added subpar. (P)

    Source evidence

    Code amendment note
    Subsec. (c)(2)(P). Pub. L. 106–117 added subpar. (P).

    Enacted provision · exact public law section
    SEC. 503. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR CARCINOMA IS SERVICE-CONNECTED. Section 1112(c)(2) is amended by adding at the end the following new subparagraph: “(P) Bronchiolo-alveolar carcinoma.”.

27. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 title II § 201 · 117 Stat. 2651

    Amended · 38 U.S.C. § 1112(b)

    Pub. L. 108–183 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “For the purposes of section 1110 of this title and subject to the provisions of section 1113 of this title, in the case of a veteran who is a former prisoner of war and who was detained or interned for not less than thirty days, the disease of—

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–183 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “For the purposes of section 1110 of this title and subject to the provisions of section 1113 of this title, in the case of a veteran who is a former prisoner of war and who was detained or interned for not less than thirty days, the disease of—

    “(1) avitaminosis, “(2) beriberi (including beriberi heart disease), “(3) chronic dysentery, “(4) helminthiasis, “(5) malnutrition (including optic atrophy associated with malnutrition), “(6) pellagra, “(7) any other nutritional deficiency, “(8) psychosis, “(9) any of the anxiety states, “(10) dysthymic disorder (or depressive neurosis), “(11) organic residuals of frostbite, if the Secretary determines that the veteran was interned in climatic conditions consistent with the occurrence of frostbite, “(12) post-traumatic osteoarthritis, “(13) peripheral neuropathy except where directly related to infectious causes, “(14) irritable bowel syndrome, or “(15) peptic ulcer disease, which became manifest to a degree of 10 percent or more after active military, naval, or air service shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of such disease during the period of service.”

    Enacted provision · exact public law section
    SEC. 201. PRESUMPTIONS OF SERVICE-CONNECTION RELATING TO DISEASES AND DISABILITIES OF FORMER PRISONERS OF WAR.   Subsection (b) of section 1112 is amended to read as follows: “(b) (1) For the purposes of section 1110 of this title and subject to the provisions of section 1113 of this title, in the case of a veteran who is a former prisoner of war— “(A) a disease specified in paragraph (2) which became manifest to a degree of 10 percent or more after active military, naval, or air service shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of such disease during the period of service; and “(B) if the veteran was detained or interned as a prisoner of war for not less than thirty days, a disease specified in paragraph (3) which became manifest to a degree of 10 percent or more after active military, naval, or air service shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of such disease during the period of service. “(2) The diseases specified in this paragraph are the following: “(A) Psychosis. “(B) Any of the anxiety states. “(C) Dysthymic disorder (or depressive neurosis). “(D) Organic residuals of frostbite, if the Secretary determines that the veteran was detained or interned in climatic conditions consistent with the occurrence of frostbite. “(E) Post-traumatic osteoarthritis. “(3) The diseases specified in this paragraph are the following: “(A) Avitaminosis. “(B) Beriberi (including beriberi heart disease). “(C) Chronic dysentery. “(D) Helminthiasis. “(E) Malnutrition (including optic atrophy associated with malnutrition). “(F) Pellagra. “(G) Any other nutritional deficiency. “(H) Cirrhosis of the liver. “(I) Peripheral neuropathy except where directly related to infectious causes. “(J) Irritable bowel syndrome. “(K) Peptic ulcer disease.” .

28. 2004

    Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 § 306(a) · 118 Stat. 3598

    Added · 38 U.S.C. § 1112(c)(2)(Q)(U)

    Pub. L. 108–454, § 306(a), added subpars. (Q) to (U)

    Source evidence

    Code amendment note
    Subsec. (c)(2)(Q) to (U). Pub. L. 108–454, § 306(a), added subpars. (Q) to (U).

    Enacted provision · exact public law section
    (a) Covered Diseases.— Subsection (c)(2) of section 1112 is amended by adding at the end the following new subparagraphs: “(Q) Cancer of the bone. “(R) Cancer of the brain. “(S) Cancer of the colon. “(T) Cancer of the lung. “(U) Cancer of the ovary.” .

    Effective date note
    Pub. L. 108–454, title III, § 302(c), Dec. 10, 2004, 118 Stat. 3610, provided that: “Paragraph (4) of section 1112(c) of title 38, United States Code, as added by subsection (a), shall take effect with respect to compensation payments for months beginning after March 26, 2002. Subsection (c) of section 1310 of such title, as added by subsection (b), shall take effect with respect to dependency and indemnity compensation payments for months beginning after March 26, 2002.” Pub. L. 108–454, title III, § 306(c), Dec. 10, 2004, 118 Stat. 3612, provided that: “The amendments made by this section [amending this section] shall take effect as of March 26, 2002.”

29. 2004

    Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 § 306(b) · 118 Stat. 3598

    Added · 38 U.S.C. § 1112(c)(3)(B)(iv)

    Pub. L. 108–454, § 306(b), added cl. (iv)

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B)(iv). Pub. L. 108–454, § 306(b), added cl. (iv).

    Enacted provision · exact public law section
    (b) Covered Radiation-Risk Activities.— Subsection (c)(3)(B) of such section is amended by adding at the end the following new clause: “(iv) Service in a capacity which, if performed as an employee of the Department of Energy, would qualify the individual for inclusion as a member of the Special Exposure Cohort under section 3621(14) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(14)).” .

    Effective date note
    Pub. L. 108–454, title III, § 302(c), Dec. 10, 2004, 118 Stat. 3610, provided that: “Paragraph (4) of section 1112(c) of title 38, United States Code, as added by subsection (a), shall take effect with respect to compensation payments for months beginning after March 26, 2002. Subsection (c) of section 1310 of such title, as added by subsection (b), shall take effect with respect to dependency and indemnity compensation payments for months beginning after March 26, 2002.” Pub. L. 108–454, title III, § 306(c), Dec. 10, 2004, 118 Stat. 3612, provided that: “The amendments made by this section [amending this section] shall take effect as of March 26, 2002.”

30. 2004

    Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 § 302(a) · 118 Stat. 3598

    Added · 38 U.S.C. § 1112(c)(4)

    Pub. L. 108–454, § 302(a), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 108–454, § 302(a), added par. (4).

    Enacted provision · exact public law section
    (a) Offset in Lieu of Forfeiture From Disability Compensation.— Subsection (c) of section 1112 is amended by adding at the end the following new paragraph: “(4) A radiation-exposed veteran who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 (42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of that payment, of receipt of compensation to which that veteran is entitled by reason of paragraph (1), but there shall be deducted from payment of such compensation the amount of the payment under that Act.” .

    Effective date note
    Pub. L. 108–454, title III, § 302(c), Dec. 10, 2004, 118 Stat. 3610, provided that: “Paragraph (4) of section 1112(c) of title 38, United States Code, as added by subsection (a), shall take effect with respect to compensation payments for months beginning after March 26, 2002. Subsection (c) of section 1310 of such title, as added by subsection (b), shall take effect with respect to dependency and indemnity compensation payments for months beginning after March 26, 2002.” Pub. L. 108–454, title III, § 306(c), Dec. 10, 2004, 118 Stat. 3612, provided that: “The amendments made by this section [amending this section] shall take effect as of March 26, 2002.”

31. 2006

    Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 title IV § 401 · 120 Stat. 397

    Added · 38 U.S.C. § 1112(b)(3)(L); 38 U.S.C. § 1112(b)(3)(M)

    Pub. L. 109–233 added subpars. (L) and (M)

    Source evidence

    Code amendment note
    Subsec. (b)(3)(L), (M). Pub. L. 109–233 added subpars. (L) and (M).

    Enacted provision · exact public law section
    SEC. 401. INCLUSION OF ADDITIONAL DISEASES AND CONDITIONS IN DISEASES AND DISABILITIES PRESUMED TO BE ASSOCIATED WITH PRISONER OF WAR STATUS.   Section 1112(b)(3) of title 38, United States Code, is amended by adding at the end the following new subparagraphs: “(L) Atherosclerotic heart disease or hypertensive vascular disease (including hypertensive heart disease) and their complications (including myocardial infarction, congestive heart failure and arrhythmia). “(M) Stroke and its complications.” .

32. 2008

    Veterans’ Benefits Improvement Act of 2008

    Pub. L. 110–389 title I § 106 · 122 Stat. 4145

    Added · 38 U.S.C. § 1112(b)(2)(F)

    Pub. L. 110–389 added subpar. (F)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(F). Pub. L. 110–389 added subpar. (F).

    Enacted provision · exact public law section
    SEC. 106. ADDITION OF OSTEOPOROSIS TO DISABILITIES PRESUMED TO BE SERVICE-CONNECTED IN FORMER PRISONERS OF WAR WITH POST-TRAUMATIC STRESS DISORDER.   Section 1112(b)(2) 38 USC 1112. is amended by adding at the end the following new subparagraph: “(F) Osteoporosis, if the Secretary determines that the veteran has post-traumatic stress disorder (PTSD).” .

33. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 926(a)(8) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 1112(b)(1)

    Pub. L. 116–283 substituted “air, or space service” for “or air service” in subpars. (A) and (B)

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 116–283 substituted “air, or space service” for “or air service” in subpars. (A) and (B).

    Enacted provision · exact public law section
    (8) Subsections (b)(1) and (c)(1) of section 1112.

34. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 926(a)(8) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 1112(c)(1)

    Pub. L. 116–283 substituted “air, or space service” for “or air service”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

    Enacted provision · exact public law section
    (8) Subsections (b)(1) and (c)(1) of section 1112.

35. 2022

    Mark Takai Atomic Veterans Healthcare Parity Act of 2022

    Pub. L. 117–168 § 401(b) · 136 Stat. 1759

    Added · 38 U.S.C. § 1112(c)(3)(B)(v)

    Pub. L. 117–168, § 401(b), added cl. (v)

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B)(v). Pub. L. 117–168, § 401(b), added cl. (v).

    Enacted provision · exact public law section
    (b) Enewetak Atoll.— Section 1112(c)(3)(B) 38 USC 1112. is amended by adding at the end the following new clause: “(v) Cleanup of Enewetak Atoll during the period beginning on January 1, 1977, and ending on December 31, 1980.” .

36. 2022

    Palomares or Thule Veterans Act of 2022

    Pub. L. 117–168 § 402(b) · 136 Stat. 1759

    Added · 38 U.S.C. § 1112(c)(3)(B)(vi); 38 U.S.C. § 1112(c)(3)(B)(vii)

    Pub. L. 117–168, § 402(b), added cls. (vi) and (vii)

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B)(vi), (vii). Pub. L. 117–168, § 402(b), added cls. (vi) and (vii).

    Enacted provision · exact public law section
    (b) Palomares or Thule.— Section 1112(c)(3)(B), as amended by section 401, is further amended by adding at the end the following new clauses: “(vi) Onsite participation in the response effort following the collision of a United States Air Force B–52 bomber and refueling plane that caused the release of four thermonuclear weapons in the vicinity of Palomares, Spain, during the period beginning January 17, 1966, and ending March 31, 1967. “(vii) Onsite participation in the response effort following the on-board fire and crash of a United States Air Force B–52 bomber that caused the release of four thermonuclear weapons in the vicinity of Thule Air Force Base, Greenland, during the period beginning January 21, 1968, and ending September 25, 1968.” .

40 of 43 references resolved to an enrolled provision · 3 partial