§ 1120. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins

Statutory text

Presumption of Service Connection.—

For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) becoming manifest in a covered veteran shall be considered to have been incurred in or aggravated during active military, naval, air, or space service, notwithstanding that there is no record of evidence of such disease during the period of such service.

Diseases Specified.—

The diseases specified in this subsection are the following:

Asthma that was diagnosed after service of the covered veteran as specified in subsection (c).

The following types of cancer:

Head cancer of any type.

Neck cancer of any type.

Respiratory cancer of any type.

Gastrointestinal cancer of any type.

Reproductive cancer of any type.

Lymphoma cancer of any type.

Kidney cancer.

Brain cancer.

Melanoma.

Pancreatic cancer.

Chronic bronchitis.

Chronic obstructive pulmonary disease.

Constrictive bronchiolitis or obliterative bronchiolitis.

Emphysema.

Granulomatous disease.

Interstitial lung disease.

Pleuritis.

Pulmonary fibrosis.

Sarcoidosis.

Chronic sinusitis.

Chronic rhinitis.

Glioblastoma.

Any other disease for which the Secretary determines, pursuant to regulations prescribed under subchapter VII that a presumption of service connection is warranted based on a positive association with a substance, chemical, or airborne hazard identified in the list under section 1119(b)(2) of this title.

Covered Veteran Defined.—

In this section, the term “covered veteran” has the meaning given that term in section 1119(c) of this title.

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.

2022
Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2022
Pub. L. 117–168 title IV § 406(b) · 136 Stat. 1759
Enacted · 38 U.S.C. § 1120
Added Pub. L. 117–168, title IV, § 406(b), Aug. 10, 2022, 136 Stat. 1784
Source evidence
Code source credit
Added Pub. L. 117–168, title IV, § 406(b), Aug. 10, 2022, 136 Stat. 1784
Enacted provision · exact public law section
(b) In General.— Subchapter II of chapter 11, as amended by section 302, is further amended by inserting after section 1119 the following new section: “§ 1120. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins “(a) Presumption of Service Connection.— For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) becoming manifest in a covered veteran shall be considered to have been incurred in or aggravated during active military, naval, air, or space service, notwithstanding that there is no record of evidence of such disease during the period of such service. 38 USC 1120. “(b) Diseases Specified.— The diseases specified in this subsection are the following: “(1) Asthma that was diagnosed after service of the covered veteran as specified in subsection (c). “(2) The following types of cancer: “(A) Head cancer of any type. “(B) Neck cancer of any type. “(C) Respiratory cancer of any type. “(D) Gastrointestinal cancer of any type. “(E) Reproductive cancer of any type. “(F) Lymphoma cancer of any type. “(G) Lymphomatic cancer of any type. “(H) Kidney cancer. “(I) Brain cancer. “(J) Melanoma. “(K) Pancreatic cancer. “(3) Chronic bronchitis. “(4) Chronic obstructive pulmonary disease. “(5) Constrictive bronchiolitis or obliterative bronchiolitis. “(6) Emphysema. “(7) Granulomatous disease. “(8) Interstitial lung disease. “(9) Pleuritis. “(10) Pulmonary fibrosis. “(11) Sarcoidosis. “(12) Chronic sinusitis. “(13) Chronic rhinitis. “(14) Glioblastoma. “(15) Any other disease for which the Secretary determines, pursuant to regulations prescribed under subchapter VII that a presumption of service connection is warranted based on a positive association with a substance, chemical, or airborne hazard identified in the list under section 1119(b)(2) of this title. “(c) Covered Veteran Defined.— In this section, the term ‘covered veteran’ has the meaning given that term in section 1119(c) of this title.” .
Effective date note
Pub. L. 117–263, div. E, title LI, § 5124(d), Dec. 23, 2022, 136 Stat. 3211, provided that: “The amendments made by this section [amending this section and sections 8103 and 8104 of this title] shall take effect as if included in the enactment of the Honoring our PACT Act of 2022 (Public Law 117–168).”
2022
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 div. E title LI § 5124(a) · 136 Stat. 2395
1. Redesignated · 38 U.S.C. § 1120(b)(2)(G)(K)
  Pub. L. 117–263 redesignated subpars. (H) to (K) as (G) to (J), respectively
2. Struck · 38 U.S.C. § 1120(b)(2)(G)(K)
  Pub. L. 117–263 struck out former subpar. (G) which read as follows: “Lymphomatic cancer of any type.”
Source evidence
Code amendment note
Subsec. (b)(2)(G) to (K). Pub. L. 117–263 redesignated subpars. (H) to (K) as (G) to (J), respectively, and struck out former subpar. (G) which read as follows: “Lymphomatic cancer of any type.”
Enacted provision · exact public law section
(a) Presumption of Service Connection for Certain Diseases Associated With Exposure to Burn Pits and Other Toxins.— Section 1120(b)(2) of title 38, United States Code, is amended— (1) by striking subparagraph (G); and (2) by redesignating subparagraphs (H) through (K) as subparagraphs (G) through (J), respectively.
Effective date note
Pub. L. 117–263, div. E, title LI, § 5124(d), Dec. 23, 2022, 136 Stat. 3211, provided that: “The amendments made by this section [amending this section and sections 8103 and 8104 of this title] shall take effect as if included in the enactment of the Honoring our PACT Act of 2022 (Public Law 117–168).”

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments

2022—Subsec. (b)(2)(G) to (K). Pub. L. 117–263 redesignated subpars. (H) to (K) as (G) to (J), respectively, and struck out former subpar. (G) which read as follows: “Lymphomatic cancer of any type.”

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263, div. E, title LI, § 5124(d), Dec. 23, 2022, 136 Stat. 3211, provided that: “The amendments made by this section [amending this section and sections 8103 and 8104 of this title] shall take effect as if included in the enactment of the Honoring our PACT Act of 2022 (Public Law 117–168).”

Effective Date

Pub. L. 117–168, title IV, § 406(d), Aug. 10, 2022, 136 Stat. 1784, provided that:

“The amendments made by this section [enacting this section and amending section 1113 of this title] shall take effect on the date of the enactment of this Act [Aug. 10, 2022] and shall apply as follows:
“(1)
On the date of the enactment of this Act for claimants for dependency and indemnity compensation under chapter 13 of title 38, United States Code, and veterans whom the Secretary of Veterans Affairs determines are—
“(A)
terminally ill;
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“(B)
homeless;
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“(C)
under extreme financial hardship;
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“(D)
more than 85 years old; or
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“(E)
capable of demonstrating other sufficient cause.
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“(2)
On the date of the enactment of this Act for everyone not described in paragraph (1), with respect to paragraphs (1), (2)(C), (2)(I) [now (2)(H)], (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14), of section 1120(b) of title 38, United States Code, as added by subsection (b).
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“(3)
On October 1, 2023, for everyone not described in paragraph (1), with respect to paragraphs (3) and (4) of section 1120(b) of such title, as so added.
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“(4)
On October 1, 2024, for everyone not described in paragraph (1), with respect to subparagraphs (A), (B), (D), (E), (F), [former] (G), and (K) [now (J)] of section 1120(b)(2) of such title, as so added.
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“(5)
On October 1, 2025, for everyone not described in paragraph (1), with respect to subparagraphs (H) [now (G)] and (J) [now (I)] of section 1120(b)(2) of such title, as so added.”
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Credits

2022 · 2 acts

2022Added Pub. L. 117–168, title IV, § 406(b), Aug. 10, 2022, 136 Stat. 1784
2022amended Pub. L. 117–263, div. E, title LI, § 5124(a), Dec. 23, 2022, 136 Stat. 3211.

Show as published

(Added Pub. L. 117–168, title IV, § 406(b), Aug. 10, 2022, 136 Stat. 1784; amended Pub. L. 117–263, div. E, title LI, § 5124(a), Dec. 23, 2022, 136 Stat. 3211.)