US Code

Public Law 119-73 (01/23/2026)

38 U.S.C. § 1112

Presumptions relating to certain diseases and disabilities

(a)
section 1110 of this titlesection 1113 of this title For the purposes of , and subject to the provisions of , in the case of any veteran who served for ninety days or more during a period of war—
(1)
a chronic disease becoming manifest to a degree of 10 percent or more within one year from the date of separation from such service;
(2)
a tropical disease, and the resultant disorders or disease originating because of therapy, administered in connection with such diseases, or as a preventative thereof, becoming manifest to a degree of 10 percent or more within one year from the date of separation from such service, or at a time when standard or accepted treatises indicate that the incubation period thereof commenced during such service;
(3)
active tuberculous disease developing a 10 percent degree of disability or more within three years from the date of separation from such service;
(4)
multiple sclerosis developing a 10 percent degree of disability or more within seven years from the date of separation from such service;
(5)
Hansen’s disease developing a 10 percent degree of disability or more within three years from the date of separation from such service;
shall be considered to have been incurred in or aggravated by such service, notwithstanding there is no record of evidence of such disease during the period of service.
(b)
(1)
section 1110 of this titlesection 1113 of this title For the purposes of and subject to the provisions of , 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, air, or space 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, air, or space 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.
(F)
Osteoporosis, if the Secretary determines that the veteran has post-traumatic stress disorder (PTSD).
(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.
(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.
(c)
(1)
section 1110 of this titlesection 1113 of this title For the purposes of , and subject to the provisions of , a disease specified in paragraph (2) of this subsection becoming manifest in a radiation-exposed 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 a 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).
(N)
Cancer of the salivary gland.
(O)
Cancer of the urinary tract.
(P)
Bronchiolo-alveolar carcinoma.
(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.
(3)
For the purposes of this subsection:
(A)
The term “radiation-exposed veteran” means (i) a veteran who, while serving on active duty, participated in a radiation-risk activity, 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.
(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 (without regard to whether the nation conducting the test was the United States or another nation).
(ii)
The occupation of Hiroshima or Nagasaki, Japan, by United States forces during the period beginning on , and ending on .
(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 Secretary) resulted in an opportunity for exposure to ionizing radiation comparable to that of veterans described in clause (ii) of this subparagraph.
(iv)
42 U.S.C. 7384l 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 ((14)).
(v)
Cleanup of Enewetak Atoll during the period beginning on , and ending on .
(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 , and ending .
(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 , and ending .
(4)
42 U.S.C. 2210 A radiation-exposed veteran who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 ( 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.

Pub. L. 85–85772 Stat. 1120Pub. L. 86–18773 Stat. 418Pub. L. 86–18873 Stat. 418Pub. L. 87–645, § 376 Stat. 442Pub. L. 91–376, § 3(a)84 Stat. 788Pub. L. 97–37, § 4(a)95 Stat. 936Pub. L. 98–223, title I98 Stat. 38Pub. L. 99–576, title I, § 108(a)100 Stat. 3252Pub. L. 100–321, § 2(a)102 Stat. 485Pub. L. 100–322, title III, § 312102 Stat. 534Pub. L. 102–83105 Stat. 404–406Pub. L. 102–86, title I105 Stat. 415Pub. L. 102–578, § 2(a)106 Stat. 4774Pub. L. 103–446, title V, § 501(a)108 Stat. 4663Pub. L. 106–117, title V, § 503113 Stat. 1575Pub. L. 108–183, title II, § 201117 Stat. 2656Pub. L. 108–454, title III118 Stat. 3610Pub. L. 109–233, title IV, § 401120 Stat. 407Pub. L. 110–389, title I, § 106122 Stat. 4149Pub. L. 116–283, div. A, title IX, § 926(a)(8)134 Stat. 3830Pub. L. 117–168, title IV136 Stat. 1780(, , , § 312; , , ; , , ; , , ; , (b), , , 789; , , ; , §§ 101(c), 111, , , 40; , , ; , , ; , , ; renumbered § 1112 and amended , §§ 4(b)(1), (2)(E), 5(a), (c)(1), , ; , §§ 104(a), 105, , ; , , ; , , ; , , ; , , ; , §§ 302(a), 306(a), (b), , , 3612; , , ; , , ; , , ; , §§ 401(b), 402(b), , .)

Editorial Notes

References in Text

Pub. L. 101–426104 Stat. 920section 2210 of Title 42The Radiation Exposure Compensation Act, referred to in subsec. (c)(4), is , , , which is set out as a note under , The Public Health and Welfare.

Amendments

Pub. L. 117–168, § 401(b)2022—Subsec. (c)(3)(B)(v). , added cl. (v).

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

Pub. L. 116–2832021—Subsec. (b)(1). substituted “air, or space service” for “or air service” in subpars. (A) and (B).

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

Pub. L. 110–3892008—Subsec. (b)(2)(F). added subpar. (F).

Pub. L. 109–2332006—Subsec. (b)(3)(L), (M). added subpars. (L) and (M).

Pub. L. 108–454, § 306(a)2004—Subsec. (c)(2)(Q) to (U). , added subpars. (Q) to (U).

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

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

Pub. L. 108–183section 1110 of this titlesection 1113 of this title2003—Subsec. (b). amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “For the purposes of and subject to the provisions of , 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.”

Pub. L. 106–1171999—Subsec. (c)(2)(P). added subpar. (P).

Pub. L. 103–4461994—Subsec. (c)(3)(B)(i). inserted before period at end “(without regard to whether the nation conducting the test was the United States or another nation)”.

Pub. L. 102–578, § 2(a)(1)1992—Subsec. (c)(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”.

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

Pub. L. 102–578, § 2(a)(3)Subsec. (c)(3), (4). , (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.”

Pub. L. 102–83, § 5(a)section 312 of this title1991—, renumbered as this section.

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

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

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

Pub. L. 102–86, § 105(1)Pub. L. 102–83, § 5Subsec. (c)(1). , amended subsec. (c)(1) of this section as in effect before the redesignations made by , 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”.

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

Pub. L. 102–86, § 104(a)Pub. L. 102–83, § 5Subsec. (c)(3). , amended subsec. (c)(3) of this section as in effect before the redesignations made by , 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)”.

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

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

Pub. L. 100–3221988—Subsec. (b)(13) to (15). added pars. (13) to (15).

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

Pub. L. 99–5761986—Subsec. (b)(11), (12). added pars. (11) and (12).

Pub. L. 98–223, § 101(c)1984—Subsec. (a)(1) to (5). , substituted “percent” for “per centum”.

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

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

Pub. L. 97–37, § 4(a)(1)1981—Subsecs. (b), (c). , (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.

Pub. L. 91–3761970— inserted reference to disabilities in section catchline, designated existing provisions as subsec. (a), and added subsecs. (b) and (c).

Pub. L. 87–6451962— substituted “seven years” for “three years” in par. (4).

Pub. L. 86–1881959— inserted par. (5).

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

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–454, title III, § 302(c)118 Stat. 3610

section 1112(c) of title 38“Paragraph (4) of , United States Code, as added by subsection (a), shall take effect with respect to compensation payments for months beginning after . 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 .”
, , , provided that:

Pub. L. 108–454, title III, § 306(c)118 Stat. 3612

“The amendments made by this section [amending this section] shall take effect as of .”
, , , provided that:

Effective Date of 1992 Amendment

Pub. L. 102–578, § 2(b)106 Stat. 4774

“The amendments made by subsection (a) [amending this section] shall take effect on .”
, , , provided that:

Effective Date of 1991 Amendment

Pub. L. 102–86, title I, § 104(b)105 Stat. 415

“No benefit may be paid by reason of the amendment made by subsection (a) [amending this section] for any period before the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1988 Amendment

Pub. L. 100–321, § 2(b)102 Stat. 486

“Subsection (c) of section 312 [now 1112] of title 38, United States Code, as added by subsection (a), shall take effect on .”
, , , provided that:

Effective Date of 1986 Amendment

Pub. L. 99–576, title I, § 108(b)100 Stat. 3252

“The amendments made by subsection (a) [amending this section] shall take effect as of .”
, , , provided that:

Effective Date of 1984 Amendment

section 101(c) of Pub. L. 98–223section 107 of Pub. L. 98–223section 1114 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 98–223, title I, § 11498 Stat. 40

Pub. L. 98–223“The amendments made by this part [part B (§§ 111–114) of title I of , amending this section and sections 314 and 3011 [now 1114 and 5111] of this title] shall take effect as of .”
, , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–37, § 4(b)95 Stat. 936

“The amendments made by subsection (a) [amending this section] shall take effect on .”
, , , provided that:

Effective Date of 1962 Amendment

Pub. L. 87–645, § 476 Stat. 442

section 1114 of this title“This Act [amending this section and sections 314 and 3203 [now 1114 and 5503] of this title and enacting provisions set out as a note under ] shall take effect on the first day of the first calendar month which begins after the date of enactment of this Act [] but no payments shall be made by reason of this Act for any period before such effective date. The increased rate of compensation payable to any veteran entitled thereto on such first day shall be further increased, for such month only, in an amount equal to three times the monthly increase provided for such veteran by the amendments made by this Act.”
, , , provided that: