38 USC 1120 - Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins

U.S Code last checked for updates: Apr 29, 2024

§ 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.

(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)

Kidney cancer.

(H)

Brain cancer.

(I)

Melanoma.

(J)

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.

(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.)

cite as: 38 USC 1120