§ 1118. Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War

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. 1998

   Pub. L. 105–277 div. C title XVI § 1602(a)(1) · 112 Stat. 2681

   Enacted · 38 U.S.C. § 1118

   Added Pub. L. 105–277, div. C, title XVI, § 1602(a)(1), Oct. 21, 1998, 112 Stat. 2681–742

   Source evidence

   Code source credit
   Added Pub. L. 105–277, div. C, title XVI, § 1602(a)(1), Oct. 21, 1998, 112 Stat. 2681–742

   Enacted provision · exact public law section
   (1) Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following: “§ 1118. Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War “(a) (1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service. “(2) An illness referred to in paragraph (1) is any diagnosed or undiagnosed illness that— “(A) the Secretary determines in regulations prescribed under this section to warrant a presumption of service connection by reason of having a positive association with exposure to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War; and “(B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in that theater of operations during that war and by reason of such service was exposed to such agent, hazard, or medicine or vaccine. “(3) For purposes of this subsection, a veteran who served on active duty in the Southwest Asia theater of operations during the Persian Gulf War and has an illness described in paragraph (2) shall be presumed to have been exposed by reason of such service to the agent, hazard, or medicine or vaccine associated with the illness in the regulations prescribed under this section unless there is conclusive evidence to establish that the veteran was not exposed to the agent, hazard, or medicine or vaccine by reason of such service. “(b) (1) (A) Whenever the Secretary makes a determination described in subparagraph (B), the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for the illness covered by that determination for purposes of this section. “(B) A determination referred to in subparagraph (A) is a determination based on sound medical and scientific evidence that a positive association exists between— “(i) the exposure of humans or animals to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service in the Southwest Asia theater of operations during the Persian Gulf War; and “(ii) the occurrence of a diagnosed or undiagnosed illness in humans or animals. “(2) (A) In making determinations for purposes of paragraph (1), the Secretary shall take into account— “(i) the reports submitted to the Secretary by the National Academy of Sciences under section 1603 of the Persian Gulf War Veterans Act of 1998; and “(ii) all other sound medical and scientific information and analyses available to the Secretary. “(B) In evaluating any report, information, or analysis for purposes 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 an illness in humans or animals and exposure to an agent, hazard, or medicine or vaccine shall be considered to be positive for purposes of this subsection if the credible evidence for the association is equal to or outweighs the credible evidence against the association. “(c) (1) Not later than 60 days after the date on which the Secretary receives a report from the National Academy of Sciences under section 1603 of the Persian Gulf War Veterans Act of 1998, the Secretary shall determine whether or not a presumption of service connection is warranted for each illness, if any, covered by the report. “(2) If the Secretary determines under this subsection that Regulations. a presumption of service connection is warranted, the Secretary shall, not later than 60 days after making the determination, issue proposed regulations setting forth the Secretary’s determination. “(3) (A) If the Secretary determines under this subsection that Federal Register, publication. a presumption of service connection is not warranted, the Secretary shall, not later than 60 days after making the determination, publish in the Federal Register a notice of the determination. The notice shall include an explanation of the scientific basis for the determination. “(B) If an illness already presumed to be service connected Regulations. under this section is subject to a determination under subparagraph (A), the Secretary shall, not later than 60 days after publication of the notice under that subparagraph, issue proposed regulations removing the presumption of service connection for the illness. “(4) Not later than 90 days after the date on which the Secretary Regulations. issues any proposed regulations under this subsection, the Secretary shall issue final regulations. Such regulations shall be effective Effective date. on the date of issuance. “(d) Whenever the presumption of service connection for an illness under this section is removed under subsection (c)— “(1) a veteran who was awarded compensation for the illness on the basis of the presumption before the effective date of the removal of the presumption 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 the illness on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis. “(e) Subsections (b) through (d) shall cease to be effective 10 Termination date. years after the first day of the fiscal year in which the National Academy of Sciences submits to the Secretary the first report under section 1603 of the Persian Gulf War Veterans Act of 1998.”.

2. 2001

   Veterans Education and Benefits Expansion Act of 2001

   Pub. L. 107–103 § 202(b)(2) · 115 Stat. 976

   Added · 38 U.S.C. § 1118(a)(4)

   Pub. L. 107–103, § 202(b)(2), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 107–103, § 202(b)(2), added par. (4).

   Enacted provision · exact public law section
   (2) Section 1118(a) is amended by adding at the end the following new paragraph: “(4) For purposes of this section, signs or symptoms that may be a manifestation of an undiagnosed illness include the signs and symptoms listed in section 1117(g) of this title.”.

   Effective date note
   Amendment by section 202(b)(2) of Pub. L. 107–103 effective Mar. 1, 2002, see section 202(c) of Pub. L. 107–103, set out as a note under section 1117 of this title.

3. 2001

   Veterans Education and Benefits Expansion Act of 2001

   Pub. L. 107–103 § 202(d)(1) · 115 Stat. 976

   Substituted · 38 U.S.C. § 1118(e)

   Pub. L. 107–103, § 202(d)(1), substituted “on September 30, 2011” for “10 years after the first day of the fiscal year in which the National Academy of Sciences submits to the Secretary the first report under section 1603 of the Persian Gulf War Veterans Act of 1998”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 107–103, § 202(d)(1), substituted “on September 30, 2011” for “10 years after the first day of the fiscal year in which the National Academy of Sciences submits to the Secretary the first report under section 1603 of the Persian Gulf War Veterans Act of 1998”.

   Enacted provision · exact public law section
   (1) Sections 1117(c)(2) and 1118(e) are each amended by striking “10 years” and all that follows through “of 1998” and inserting “on September 30, 2011”.

   Effective date note
   Amendment by section 202(b)(2) of Pub. L. 107–103 effective Mar. 1, 2002, see section 202(c) of Pub. L. 107–103, set out as a note under section 1117 of this title.

4. 2022

   Toxic Exposure in the American Military Act of 2022

   Pub. L. 117–168 title II § 202(d)(3) · 136 Stat. 1759

   1. Added · 38 U.S.C. § 1118(b)(e)

      Pub. L. 117–168 added subsec. (b)

   2. Struck · 38 U.S.C. § 1118(b)(e)

      Pub. L. 117–168 struck out former subsecs. (b) to (e) which related to determinations of presumptions of service connection between illnesses and exposure to toxic agents during the Persian Gulf War

   Source evidence

   Code amendment note
   Subsecs. (b) to (e). Pub. L. 117–168 added subsec. (b) and struck out former subsecs. (b) to (e) which related to determinations of presumptions of service connection between illnesses and exposure to toxic agents during the Persian Gulf War.

   Enacted provision · exact public law section
   (3) in section 1118— (A) by striking subsections (b) through (e); and (B) by inserting after subsection (a) the following new subsection (b): “(b) The Secretary shall ensure that any determination made on or after the date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 regarding a presumption of service connection based on a toxic exposure under this section is made pursuant to subchapter VII of this chapter.” .

5 of 5 references resolved to an enrolled provision